Roubaix

This is a tough one. It is best to file for letters of administration. File a petition in the city where one of the properties is located. Give notice to the other heirs. That way you can "force" a settlement and get your 12.5% of the estate. Have yourself bought out. Even if you end up with less than 10%. That 2.5% will go to legal fees anyway.

Our family is currently in a feud regarding the estate my grandparents left. My mom, who is a direct heir passed away already. Leaving me and my brother as successors. We are contemplating on filing a case in court for our claim since they refuse to divide the estate. The estae is worth 100m based on bir zonal valuation. Diivided by 8 children, including my mom.

Hello Sirs! hingi lang po ako advice.

 

1. I have five workers and threatening me na magfile sila complain regarding salary kundi po ako aareglo.

halos mga new employee sila and still under probation. pinakamatagal 10 months. Pwede ko ba sila kasuhan ng blackmail or something?

Harapin ko naman kahit magfile sila e.

 

2. isang tao ko din nagfile din re salary. nkaproject base sya. nang macheck ko time in and out nya for the past 2 years almost 4 hours lang pinapasok nya.

pwede ko bang gawin grounds yun as countercharge?

 

Thank you in advance mga sir!

1. If its solely about salary, they have no case. Unless you are paying more than minimum wage. Also, you must be remitting their BIR, SSS, Pag-ibig contributions. They can file a case for that.

2. If its project based, is there a written contract stating the period of tenure? If its just "verbal", the DOLE might consider that person as regular if the duties are necessary to your company. On your counter, you can present proof of her working 4 hours only. But if you did nothing about it in 4 years, you will have a weak case for counter arguing.

Kung halimbawa na isinanla ng asawa ko Ang kotse namin na sa akin nkapangalan at Hindi ko alam na isinanla nya sa isang Tao. Pwede ko bang bawiin Ang sasakyan na Hindi babayaran Yung utang? Ano pwede kong gawin?

First, how did your spouse do it? It was in your name, the loan document must be signed by you.

If you got the car back, there is still the money lent out. The lender will just go after your spouse.

To my kompanyeros,

In the past, I would indulge in professional services of the personal nature. Of course, just compensation was exchanged.

Now the tables have turned. My past acquaintances have sought legal advice from me. Ethics dictate that I cannot have it pro-bono.

Should I settle for compensation in the personal service nature rather than actual monetary remuneration?

Hi. Ask ko lang if pwede kumuha ng title ng lupa na nakapangalan sayo. Situation: nakita mo yung title na nakapangalan sayo then tinago and ayaw ibigay sayo, pwede ka bang kumuha ng copy mo? Where and how? Ty

If you have a xerox copy, or at least the title number, you can go to the registrar of deeds in the city where the land is located and ask for a certified true copy.

If you want an official copy, then you have to file a court case for issuance of duplicate copy based on a "lost" owner's copy

Hi. Ask ko lang if pwede kumuha ng title ng lupa na nakapangalan sayo. Situation: nakita mo yung title na nakapangalan sayo then tinago and ayaw ibigay sayo, pwede ka bang kumuha ng copy mo? Where and how? Ty

If you have a xerox copy, or at least the title number, you can go to the registrar of deeds in the city where the land is located and ask for a certified true copy.

If you want an official copy, then you have to file a court case for issuance of duplicate copy based on a "lost" owner's copy

Hi. Ask ko lang if pwede kumuha ng title ng lupa na nakapangalan sayo. Situation: nakita mo yung title na nakapangalan sayo then tinago and ayaw ibigay sayo, pwede ka bang kumuha ng copy mo? Where and how? Ty

If you have a xerox copy, or at least the title number, you can go to the registrar of deeds in the city where the land is located and ask for a certified true copy.

If you want an official copy, then you have to file a court case for issuance of duplicate copy based on a "lost" owner's copy

Question...

paanu ba makahanap ng lawyer sa metro manila.. internet?. Word of mouth? Derecho sa city hall?,,, i mean sa dami ng abugado sa metro manila.. Paanu ko malalaman bilang isang kliyente nya na may kalidad sa paghawak ng kaso ko? Minsan kasi nahire mo n abugado pero pinatagal ang kaso mo, o di kaya hindi nya gamay ang kaso mo? Kailan ba puwede bitawan at maghanap kaagad... May statistic ba na puwede kuhaan kung ang abugado e ilan na napanalo nya...

If want to do a "CI" on a lawyer, check with the Integrated Bar of the Philippines. See if there are any outstanding cases filed against the lawyer.

You are asking a very tough question to answer. A lawyer's reputation varies. Usually, the halls of justice in your city has a local IBP office. You can ask a referral there.

Why is casino games not being ban in the country? All of their games are of negative expectation.. There's no money to make..for the players

There is the PAGCOR law which allows systemized gambling in casinos.

"R" on her birth certificate.

 

How is it done, the affidavit?

I have a format which you can fill in the blanks. Just PM me

Question, my gf middle name is del Rosario and shes using R as her middle initial since birth. Why is it on her diploma and her bank documents the middle initial becomes D? Will it make a problem in the future if not corrected? Pls advise on What process should we take.

Thanks

Bank documents and Diplomas can be changed. You will need an affidavit stating the two names belong to one and the same person.

What does her NSO birth certificate say?

Sir, question. If nkaaksidente ba ng 3 yr old kid, may pananagutan ba ang nakabundol na sasakyan, if biglang tumakbo yung bata palabas ng house nila with an open gate. Ngkaayos nmn kami nung parent nung bata and sinagot ko yung hospitalization. Kaya lang lagi kong naririnig sa kanila na dapat pati therapy sagot ko.

May nakausap akong secretary ng lawyer. Ang sabi dahil sa bata yun, kasalanan nung parents dahil in the first place, wala sya sa kalye na suppose to be para sa mga sasakyan.

May nakausap akong secretary ng lawyer. Ang sabi dahil sa bata yun, kasalanan nung parents dahil in the first place, wala sya sa kalye na suppose to be para sa mga sasakyan.

As far as the therapy is concerned, technically you are responsible for that because you were the cause of the injury. The negligence of the parents cannot outweigh the negligence of the accident. To prove that its the parents fault is a stretch and if successful will only mitigate (not eliminate) your "fault".

I would suggest to give a large lump sum as a "settlement" and in return ask for a release and quit claim.

From my experience, annulment cases are easier now. With the judicial affidavits for direct testimonies, the process time is quite short.

Mga Sir,

 

I was recently involved in a vehicular accident, i immediately rushed the victim to phil ortho and she suffered multiple fractured bones. We agreed that i will shoulder all of her medical expenses and that will cost me around 200 to 300 thousand. My problem is aside from paying their medical expenses they are asking me to shoulder even their food and fare. I am just a regular employee my salary is only enough to cover for my families expenses. Do I really need to cover even their food at the hospital and their fare? Please advice. thank you

No you don't.

I say offer a lump sum and make them a waiver and quit claim. You are not bound to food and fare of the family members. It is hard to pay monthly. Talk straight to the hospital. Arrange the payment of the medical fees with them. But only do it after they sign a waiver and quit claim.

The hard thing about not paying is that they may file a Reckless Imprudence case resulting to physical injuries. The prosecutor's office will almost always mature that to a criminal case which is worse than paying them off with a lump sum combined with a quit claim.

It's better to borrow that lump sum from a bank (don't go to a money lender, that is even worse!) then pay the installment to the bank.

Good luck

Good day !!! ASk k lng ung mga expert sa law kung meron tayong batas na pag nagmerge ang isang company ay maproprotektahan ung mga regular employees nila???? Isa p ala bng pwede ikaso dun sa maling kalakaran ng company n habang tumatagal k lumiliit income d naman bankrupt??? :angry2:

Merger of companies will results in layoffs. One of the authorized causes for laying off is redundancy. But there is a DOLE process to follow and there will be severance pay.

About reduction of salaries, is touchy. But normally allowed by the law if the requirements are met. It is not outright illegal to reduce salaries if there is justification.

Follow up question, the management is now trying to terminate people using underhanded tactics under excuses that they were not meeting the performance standards. If they terminate people ahead of time so that they can avoid the payout, is this legal?

 

Before terminating an employee, it would need to undergo "due proces" right? the employee would have to be given a chance to save himself/herself and in this case, if the employee is not meeting the standard, there should have been action done to help him/her improve. In the case that the employee does not improve, it should go through stages before being terminated. Is this right? What's about to happen now is they'll be terminated suddenly.

1. Firing or terminating employment is legal, when the procedure becomes flawed, then it is illegal. Not meeting performance standards is not an authorized cause to terminate unless the employment is more than 6 months, the so-called probationary period. The normal is six months, could longer or shorted depending upon the agreement.

2. The due process is about notices. AFAIK, the standard is a two (2) notice requirement. First notice to inform the employee the cause of the infraction/cause with a chance to explain. The explanation may or may not be accepted. The second notice is the "firing" notice. If the employee is still in the probationary stage, then failed standards is a good a reason not to make an employee "permanent". Hence, a firing in a sheep's clothing.

On summons, subpoenas and warrants

 

1. Can Mr. Chua's househelps or relatives living in his home decline to receive a Summon Letter from the barangay addressed to Mr. Chua?

 

2. Can Mr. Chua's househelps or relatives living in his home decline to receive a subpoena from the courts addressed to Mr. Chua?

 

3. If Mr. Chua an accussed could not be served the warrant for intended for him (e.g. could not locate), how long will it take before he is declared a fugitive of the law?

1. No. They cannot. As long as it is the house of Mr. Chua, anybody there can receive the summon. If the househelps and relatives decline to receive, they will just put it in the mailbox.

2. No. Same reason as above.

3. If warrant is issued, he can be arrested anytime, anywhere. He can be arrested even if the warrant is NOT with the arresting officer. Fugitive status starts the moment the warrant is issued.

good day, magtanung lang ako, how much ba ang usual range for 1 time consultation with a lawyer? wala akong kaso pero gusto ko lang i-consult yung contract na pinasukan ko, na napirmahan ko na and pinanotaryo na rin nun kabilang party. thank you. kahit range lang, thanks

 

i mean yun presyo ng consult, thanks

Some as low as 500. Some as high as 5K.

If its my specialty, I do charge between 4-5K. Seems high but I think I have earned that because of "higher" education after my bar exam. If its not my specialty, usually 500-1000 or free dinner. For contract review, you might get charged up to 10K depending on the money involved.

You think that's steep, try to notarize a deed of sale for items worth more than 1 million. Sometimes more than 1% ang charge for a stamp and a signature.

Tip: If you engage the lawyer's services, consultation comes part of the package.

sir,

do you know any lawyer in this thread? are you a lawyer? bago lang ako dito sa thread. madalas ako sa dare to bare eh. hehehehe. baka may ma recommend ka na lawyer dito sa thread i can seek advice. many thanks.

It's best to PM the lawyers here. They are easy to spot. But in respect to the profession, please do know that like doctors, lawyers can charge for a consultation. It is fair to pay a lawyer for the advice he will give.

To the legal experts :

 

I hope you can help me. I had a live-in partner wherein we hoped that we can be married. The reason is that we know that her previous marriage was not registered or did not reach NSO. She has a daughter that I have learned to love as my own. We enrolled the child in elementary using my surname since the school did not mandate us to submit her birth certificate. After two years, we learned that her previous marriage did reach NSO and was registered. We came to accept that we can never be legally married. Now here is the problem, we relocated and the child needs to transfer to another school and this school requires a NSO authenticated birth certificate. So the child needs to use the surname of her birth father and all her previous school record shows that she used my surname. Please advise what legal steps that we can do.

This is a difficult situation. All I can recommend without anything illegal is that explain in the first enrollment, the parents of the child were separated and that out of spite, you chose to use a different surname. Explain to the second school, that you had the NSO all the while and that you enrolled in the first school with your surname to hide the child from the father. Now, that the second school is asking for an NSO, you present the same. Just make an affidavit that the kid is one and the same as in the records of the first school. It's best to come up with a story with the documents you had than to make up the documents for the story you want.

Hi can anyone help me out with my fiance's problem?? My fiance just moved to a new place which is a room for rent. My fiance said that they had verbally agreed for a 6 month stay and after spending money on moving and transferring her internet, she was told that she has to go in a month. She just completed her 1st month and have paid all her dues. She was informed that she needs to go by June 1 so in all sense she just wasted money to stay in a place for just 2 months and have to find another to move. There was no contract but there was a verbal agreement that it would be a 6 months at the very least. Is there like a way for her to get compensated as she was asked to leave just a month from staying? Its so upsetting that she wasted money just to move stuff for just 2 months and have to leave again and do it all over.

Is this in the U.S. or in the Philippines? I can't answer about U.S. tenancy laws.

In the Phils, a verbal agreement should be enough but it's not solid. That is that why she is being kicked out because may have found a use for it or found a leasee willing to pay more.

She can be compensated for the expenses for moving out because the lessor didn't give the full term of the lease. But this has to go to court to prosper. It's best for her to get a lawyer to make a demand letter. Negotiations can start from there.

I need your help dear counsels. I recently sold my car that was registered under my Father's name. Unfortunately the original CR is missing. I went to LTO's office today to ask for the procedure in obtaining another copy since the buyer needs it. They said the first thing that I need to secure is an "Extra Judicial Settlement" from an attorney. How can I secure this legal document?

 

I hope someone can help me out on this.

 

Thanks!

Extra judicial settlement only applies if there is a case filed or a dispute resolved. For a lost CR, a simple affidavit of loss signed by your father should suffice. I just did one for a friend.

To all lawyers out there, can I ask your professional advice regarding about a friend of mine who has a personal (family) problem..Her father works in Dubai for 5 years, than one day came back in pinas for a vacation..they had found out that their father had an affair to a TNT pinay, and they had a child, 1 year old to be exact..so sa madaling sabi, inamin ng tatay nila na ganun nga ang sitwasyon duon sa Dubai..and to make matters worse, the TNT pinay had a family too in pinas..and it's not easy for her to go back in pinas because she had a family to feed as well, and also her illegal stay in that country.

 

the kulasisi in dubai is threathening the entire family to make a scandal regarding about the situation..the father wants to support the child, and he wants the child to be with them in pinas..the father will file a resignation once he's back in dubai.. and now her questions are:

 

1. what are the rigths of the illegitimate child, and to what extent?

2. what are the legal steps of the family for this matter?

3. can the "other woman" be charge too? and what will be the charges?

4. what are the rights of the other woman?

5. what will be the best solution legally for the family?

 

thanks in advance..just helping a good friend who's family is in difficult situation..

If the TNT Pinay is legally married in the Philippines, may lusot tayo. If she is married, there might be away to deny paternity of the child (drastic, immoral but legal way out). If your friends father didn't acknowledge being the father, my manyak mind says, deny, deny, deny. A married woman who has a child must take the surname of her husband. That is the general rule. Since the affair happened in Dubai, there can't be a case for support filed here. it's up to the woman to prove he is the father. But since she is married, there will be doubt.

This is a long shot but these facts are discussed in law school as scenarios as one of those lusots in the law. Be careful, my suggestion could cause more trouble and once taken, is a point of no return.

Mga Bro. pag terminated ka ba kelangan my separation pay?

It all depends. The law only requires severance pay under certain conditions. The general rule is that if the termination was a just cause (firing - employees' fault), then NO separation (except if sickness) pay.

Authorized causes are those there the employers wants to let go employees to save money or cut costs. The law provides a minimum of 1/2 month or 1 month (or multiplied by years of service, whichever is higher) severance pay.

Hope that helps.

mga paps, baka naman po may contact num kayo ng law office ni atty. katrina legarda. a friend wants to get her services for her annulment case. pa-pm na lang po if ever. thanks a bunch!

Check the yellow pages, her firm is listed there. But I warn you, to get her services personally is going to be at least 6 figures for the acceptance fee.