Roubaix

she used to work in a call center

 

the scam was about incentives, specifically referral incentives (sort of like a member get member thing for credit cards) she didn't say how it worked.

 

what does she need to do to prepare/protect herself.

 

aside from the claim of the other person involved, there's nothing to link her to the scam. The money is nowhere, she says she doesn't have any bank accounts, the money she got is gone in other words.

 

thanks grimace

Scam on referral incentives? How can that be a scam? If money was diverted from the proper recipients, then only those "deprived" can file a complaint.

To protect herself, make her write a "story" of all the events that transpired. Prepare all the documentation mentioned in her story. If she didn't benefit (money received), then it should be a problem. If she knew what was going on, then it is up to the accuser to prove conspiracy (which is hard).

Good day!

 

 

I need your help... This morning I recieved a memo from the accounting office sating this:

 

Ms. (*^^$ and Ms. (*&^*%$&^$:

Kindly remind the following class advisers to return to the accounting office the acknowledgemnt reciepts for the refund of sportsfest t-shirt. Their salaries will be "on hold" tomorrow and will be released upon submission of the AR. The concerned teachers are as follows:

 

Ms. &*%#^%*^%*

Mr. $(&%#&)_$@& -- ako yun

Mr. ^%(**&%$

Ms. *&%%&$#)_

Ms. %$$$^#%^*(*&

Mr. ^&(**&&^%#

----

 

nagrsearch ako ng konti and nakita ko sa labor code book 3 chapter 4 article 116:

Art. 116. Withholding of wages and kickbacks prohibited. It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker's consent.

 

Ano ba pwede gawin dito? Yung AR na di ko pa naibabalik sa kanila ay nasa parents pa ng student ko. I have consistently reminded the student to return it as soon as possible. pero laging di available yung parents nya everytime tinatawagan ko para iremind about sa AR. Medyo nakakapikon na din dito sa school kaya gusto ko sanang matindi ang buwelta ko sa kanila... ano pwede gawin dito?

 

Thanks!

Excellent research. For you, the provision should be read like this:

Art. 116. Withholding of wages prohibited. It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker by any other means whatsoever without the worker's consent.

Reading the law and applying the facts, there is definitely a violation. Please keep the memo for your records. It's up to you if you want to report this to DOLE. Doing so jeopardizes your "status" at your place of work because you became a snitch. But that should not stop from enforcing your rights.

Remind your employer that such is not a valid reason for withholding the salary and you may report this to DOLE. I wish you luck.

i know that this is for US Visa but i hope somebody can help me on this...

 

I have been to Canada as a tourist, stayed there for less than 6 months and came back here Feb 2003. I was able to get a credit card and was not able to pay any of the charges amounting to $18 plus. Now, I am applying for a Visa again and I just want to know if that unpaid bill will lead to denial and is it a criminal offense?

 

Thanks and hope somebody can give answer to this.

Is this a U.S. VISA or Canadian VISA? Or VISA credit card? Your post seems quite confusing.

But to answer the obvious, an unpaid bill in the U.S. isn't a crime per se, just an unpaid debt. The U.S. records are getting more sophisticated in relation to linking all their data. But I don't think "unpaid" debts are linked unless there has been a collection case filed against you. But since it is only for $18.00, I don't think a case will be filed against you. You will denied a credit card again if you will apply for one because credit rating agencies keep records for 10 years.

is it now prohibited to discuss legal concepts in relation to real life legal problems?

Where did that question come from? Left field?

What is the basis for this question? I never made mention on prohibition of legal advice just on the stupid banter which you want to promote.

That question is the basis of why law is studied. Lawyers are made to make the laymen understand the law and RELATE it to the problem/situation at hand.

Now, quit it. I already asked for injunction on the fight you have and still you poke at it.

Please, tama na. Just give useful advice to people who need it. Now, I just gave you one.

Peace Bro.

To Jack and Jake,

Mga Pare, tama na. You are creating friction where there should be none. Let us show MTC that lawyers not just avoid tussles but also don't create them. Someone asked for help because he hit a motorcycle and it went up to the definition of tort, quasi-delict, criminal negligence. Most readers won't understand what the heck you guys are arguing about. So, if there is a disagreement, just use the PM and waste internet time there.

Whether you are practioner or a law student, what people need here is the proper legal advice on what to do next in a practical sense. It should not be about how the caption does not fit the allegations in the complaint or information.

So, let there be peace on MTC and let it begin with you guys.

:cool:

my question are:

1. is this something that she really can do? (i mean pressuring the guy to give financial assistance although first hand, her party has given word that they don't need it?) :grr:

The question is whether she can anything through the courts at this time. My answer would be no. But outside the court, she can make pressure but that is not a crime per se.

2. does she have the right to threaten to press charges against the guy for not giving money and creating a scene or to scandalize the name of the guy's family? :thumbsdownsmiley: :thumbsdownsmiley: :thumbsdownsmiley:

In creating scandal, there could a cause of action for defamation. Please note any defamatory instances. Get affidavits from people who heard the defamatory words.

3. what are the things that we should do for this problem?

4. she did not disclose her pregnancy for 5 months although they were still seeing each other at that time and had it out in the open only when she learned about me and my BF's relationship. can we use this against her?

The non-disclosure brings doubt to the girl. Please document the timeline from the breakup to the declaration of the pregnancy. Your boyfriend has to be honest with you. Ask if they were intimate at anytime they "broke off".

5. can my bf decline financial support to the girl because of this?

Of course he can. There is not obligation to give financial support except upon a court order and proof of paternity.

6. how about the child's custody?can my BF have the child instead because i think the mom is psychologically challenged ?

This question is misleading. Don't consider custody if you think the child is not your BF's. If you doubt the paternity, don't ever give a hint of this proposal to the girl. It can be used against your BF since this is a declaration against interest.

I had a case like this a couple of years ago. But since I am in the U.S. now, I may be behind in the juriprudence. I defended a guy who had an affair with a girl who did get pregnant. The girl demanded all sort of things. This was in 2002. The girl called lawyer and we talked. I told him that there is no way that my client would admit paternity. One fact, the girl had a condo paid for by a rich chinese man. This lead me to allege that she could have had the Clinton syndrome (sexual relations) with the man.

I told the lawyer for the girl that there is nothing in law that the girl could use to force financial support if paternity is not proven. I even went as far as to say that the courts cannot force a DNA test since this was potentially a civil case (I maybe wrong now in 2006).

Let the girl pester your BF all she wants. She can't even call the cops. Getting knocked up is not a crime for the man.

I may sound evil and immoral for doing that but it was not unethical. I worked within the bounds of the existing law at the time. The lawyer for the girl knew this and he did not go further with a demand.

Please update us so that we can advise as things change.

im getting cross-eyed trying to read thru all the posts just to see if my question has already been asked, so im gonna ask nlang ngayon:

 

a friend of mine (female) was scheduled to get married this August; they have already announced it, both sides of the family knows it already. Yung partido ng girl naghahanda na (gown, flowers, caterers, etc). My friend even talked to the supposed to be Ninongs and Ninangs.

 

Yung BF nung girl came back from a 2-yr stint abroad only to break the engagement. To add insult to injury, he came back with his new gf in tow. Note that he didnt mention any of this even a month before he returned (my friend has been good and behaved the whole time that she was waiting, so there's no reason for the dumb-ass BF to pull a stunt like this).

 

AND.. to top it all, he's asking back all of the gifts (laptop, digicam, etc) that he sent to my friend while they were a couple. Ni walang consideration sa trouble that my friend had to go thru just to prepare for their supposed wedding (my friend even placed a down payment on a house that they were planning to purchase).

 

Question:

 

All the love that my friend had for the guy has turned into rage. She wants to know if she could file for damages due to the emotional stress that she had to go through only to be dumped this close to the wedding. What specific case can she file, and what penalties will the guy be facing in case my friend wins?

 

Thanks in advanced for any helpful info that you could send our way.  :goatee:

<{POST_SNAPBACK}>

This may be a little late but I will address the "return of gifts" issue.

Your female friend doesn't have to return a single cent. About the downpayment of the house, if that is refundable then it is all hers unless the guy contributed some. No judge would award a ruling to return the gifts. Judges are human. They will see the kind of prick the BF was.

Along with bonito99's response, the Wessmer case is a very memorable case to all law students. That is where we first learned that us guys can ran away from the "M" word and only pay up actual damages :evil:

QUESTION?

 

can a widow revert back in using her maiden name (surname)?

 

what's the process.

 

thanks

<{POST_SNAPBACK}>

Once the husband died, the marriage terminated. Hence, the use the married name is no longer required (it never was a requirement -"may").

The process then would be to change all identification papers as they expire (driver's license) or have them changed outright using the death certificate as proof.

There is nothing with the NSO except getting an NSO copy of the death certificate. You can't change your birth certificate naman. Since it wasn't done when the widow was married, then there is nothing to change.

i am not working in any of them, and i dont intend to, even if i am invited to be part of the firm.

 

what they can do, any lawyer can

<{POST_SNAPBACK}>

Yes, but they get paid twice a month. They get transpo allowance for the MP adventures and escort meetings.

But if you are in solo practice, you have all the time in the world to do hanky panky business.

What law firm would you like to work for? Do we have any MTC members working in these firms?

 

Sycip?

Villaraza?

Romulo Mabanta?

Quisumbing Torres?

ACCRA?

Picazo?

Castillo Laman?

 

Survey lang 

<{POST_SNAPBACK}>

No MTC in their right mind will admit that they work for any of these firms. They have a rep to protect. They can tell people privately but they won't broadcast it.

QT is the best firm to work for because they pay the most money. Who cares if they lack substance. Plus, if you make sipsip enough in that firm, you can become an International Partner for Baker McKenzie.

Out of law school, you are full of gusto and principle. You want to become a top notch lawyer. After three years, people move. After four years, you realize that you want to buy that new car, you want to put a downpayment for that condo, your girlfriend wants to get married. You need money.

Trust me, 5 years after law school, money is a very important factor in life. So, go where the money is.

There is a time table in law firm life. If you are not an SA (Senior Associate) in 3-5 years, you will never be partner (you can after 15 years). When you get "invited" for an interview, ask about the partnership tract of a entry level lawyer. Ask the success stories.

Hey,

I have been in hiatus for the last couple of years.

Why are there debates on which law school to go to? The answer is plain and simple.

Ateneo (if you want good parking, shopping and brick walls.)

San Beda - mahirap ang parking (but beside 2 all girls schools and one co-ed where women where white)

U.P. - if you want to be a radical and not a business lawyer.

Have a clouded your choices just like a good lawyer?

:evil:

need your thoughts please:

 

i have a female friend who is married to an abusive husband - not so much physically but mostly  verbally and mentally abusive.  she suspects that he is cheating on her because of his many "late nights at the office" but she has no proof.  they no longer become intimate and she just feels more like a roomate instead of a wife. they have a 5 year old daughter. 

she has long wanted to get an annullment but she is financially dependent on him.  he ownes the house they live in and makes all the money.  all their assets are under his name and he refuses to include her in the ownership.  she wants to go back to college and finish her education, but he wont support her financially.  sometimes he wont even pay for her necessary medical and dental checkups. 

 

questions: 

what are her options to be able to get out of this relationship?

how can she even afford a lawyer? she has no money.

what is her right to their conjugal properties? and how can she enforce that if her name is not on the titles?

if and when she separates from him, can she and her daughter expect some kind of support from her husband? food, shelter or clothing?

naaawa talaga ako sa kalagayan niya. tinitiis nya yung situation nya kasi wala syang choice.  hope you guys can give some advice.

<{POST_SNAPBACK}>

Let me try to help.

1. Options - to get out of the relationship is not necessarily legal. To get of the marriage, there is annulment (the extreme) or legal separation. Both have to have grounds. Too many to explain here. Best is to get legal separation first. On proof of infidelity, the wife can file for legal separation. In such proceeding, the wife can legally demand support since it is the husband who is working.

2. Lawyer - by putting the cart before the horse, it will be difficult to hire a lawyer when there is a proclamation of "no money". Best to do is to to the IBP Main office in Ortigas center and ask for free lawyers. I am sure there will be at least one that will go pro-bono. But you get what you pay for.

3. Properties - if married after 1988 and without a pre-nuptial agreement, the wife is entitled to half of ALL properties. Even those owned by the husband prior to the marriage. This is called regime of community property. It doesn't matter if her name is not on any titles.

4. Support - by filing the case of legal separation (there must be valid grounds), support is mandated. There can even be support while the case for legal separation is pending.

All these are just simple advice. You must not rely on the above solely. The wife must really consult a lawyer. As for now, gather all evidence of infidelity. It doesn't have to be solid. Check at the other grounds as well.

Hope that helps.

Been away for a long time.

How is everything on this thread. Good I hope.

To get the most of your money, try to go to those buffets that advertise Steaks as a main entree carving dish.

Example: Outback serves steaks at almost 1K. Now for a buffet that is 1K and has steak..... No brainer.

I would really like to go out with Chantall. :evil:

This isn't exactly my dream car but this was just introduced for the U.S. Market.

Check it out.

As an aside, may I urge us all to please refrain from looking at our judicial system as a collecting agency by filing frivolous cases in the hopes of making money out of the unfortunate incidents that happen in life. If and when we file a case, make sure of our intent.

You said it pare.

I had a Bouncing Checks case, it only developed into a criminal charge a year after filing the initial complaint.

On another, I have another bounching checks case, 6 years na.

Words of wisdom: If you don't know the person, only accept cash!

i just cant believe that this law only applies to women. how about philandering husbands? arent there any law for this? and does one need to catch them in a sexual act for the case to prosper? what if you have evidences like email, SMS, that proves existence of an affair?

 

its frustrating. i wont wonder anymore kung bakit minsan, some people resort to violent tactics just to teach these kind of people a lesson.

It does seem unfair. But Freelicker is right. Maternity is alway certain but paternity is not.

You must also remember that the law on Adultery or the Revised Penal Code was drafted back in the 30's. Just think, it was enacted last century! You'd think that our lawmakers had enough time to revise the law.

But we must remember that the branch of government that make laws is male dominated and always slower than a snail on LSD.

In terms of evidence, technically, it is easier to lay the groundwork for concubinage. Email and SMS may now considered as evidence to prove that a husband has "kept" a woman.

For adultery, the husband has to prove the act of intercourse. For me, that is harder to prove.

problem is, its too much legalese, and im having a hard time understanding it. perhaps you or anyone can translate it to layman's terms?

 

thanks.

Ms. Ladydredd,

To put it in layman's terms, only the woman and the "lover" can be prosecuted for adultery. Also, they have to be prosecuted together. That means that the husband must file a criminal complaint implicating both of them. You can't charge the wife alone.

In the courts, adultery is a rare charge, for Metro Manila. In the provinces, it might be a different story.

Adultery as a crime is different from adultery as a moral issue. It is true, one "round" is an act. One saving act for the wife who has been caught and has a complaint filed against her is the "consent" or "forgiven" clause. If the husband has consented (yeah, right!) or forgiven the wife, the criminal complaint may fail.

An example of "forgiven" is perhaps the length of time between the act and the filing of the complaint. Or if the husband failed to act when he finds out about a second act, this is an example of consent.

Moral of the story: Love your husband or just don't get caught!

Front view: Breasts, then legs.

Back view: Ass then legs.

Side view: Legs.

Bottom line: Sexy legs.

hi, good day

 

i had a problem. my wife and i like to start a computer business near the house of my wifes father. we settled an agreement on the place and agreed to pay the rent for the shop for 1 month advance and 1 month deposit. to ensure the possiblity of getting the shop, my wife pays the owner including the materials needed in repairing the shop. the problem is we had already agreed to open the computer shop this week and seems not to be on schedule. halos wla pang pagbabago sa nakita namin last week and the worst thing is, we cannot get a business permit and other papers kse wala palang building permit yung owner of the shop. we are trying to get things right sana pero this owner seems to get mad at us and said "ayaw ko ng minamandohan". me and my wife talk about this and i told her to tell him that if not going to make it on the day it is should be scheduled, mas maganda na lang na kuhain namin yung money that we pay to the owner. please help, how can we settled this thing without having an argument. whats the best thing to do. help us

Your problem is mispresentation and fraud. You legally make claim all the money advance to the owner of the building. Since he mispresented that he had a building permit (is that for the whole building or just for your shop, I am assuming it is for the former).

If it is for the shop and you are just a lessee, then there is still fraud. Your basis for the refund is that if the owner disclosed that he had no permit, then you would not have entered into the contract.

Claiming the refund is another process altogether.

to all lawyers and future lawyers kindly post your comments on this particular issue

 

Is it possible for a lawyers advocate to avail court of public opinion?as a lawyer would it be violation of Code of Profesional Responsibility?

 

Thank You and God Bless

:mtc:

First of all, why?

Is there a need to resort to the tactics employed by Joey and Kris? The question lacks a situation where the need to resort to the court of public opinion is required.

If the problem is about the interpretation of a contract or the enforcement of one, it would unethical to resort to the public.

If the case is criminal, let the victim or the family of the offended party make the noise, not the lawyer.

Our profession is a noble one. There is no justification to appear in S Files or be interviewed by Boy Abunda.

That's my opinion on the matter.

Ignorance of the law is no excuse. I want to ask these hypothetical questions for my information only.

 

Suppose if i have sex with a girl who misrepresents herself to be 18 years old. Will i be guilty of child abuse if the girl's age later turn out to be lets say 16.

 

If during the time of sexual encounter she is below 18 years old, can she file charges later when she is already 18 years old.

There are two crimes under the Revised Penal Code with regard to having sex with girls between the ages of 12 and 18, with consent of course (no consent is rape, no matter what age).

Qualified seduction - she had be a virgin; penalty - up to 2 years and 4 months

Simple seduction - up to six months.

The defense of misrepresentation maybe allowed depending on your age. The judge is human too you know. If you are a 30+ year old man having sex with a teenager, misrepresentation would be hardly believed. If you are married, it will be worse. The case would be different if the offender would be only 18 or slightly older.

On filing charges two years after the deed, the offended may because the prescription period for qualified seduction is 10 years, while simple seduction is 5 years.

Tip - It's not worth the risk! If you go to jail, you will be seduced!

Good day Counsel!

 

Don't you think that this is unfair and unjust on the part of the employees as we had been held already by a bond during our probationary period?

 

It's not really unjust. It may be a little unfair. But more importantly, it is not illegal. Many companies have secrets that they want to be kept as such. You might not think it is a secret but in the company's eyes, they are.

 

 

Also, don't you think that it's only the company who's gaining from this policy as a lot of opportunities for growth has been lost because of this stupid policy?

 

Well, it is true that the company gains from your stay. But try to look at it from the company's point of view. First of all, they have to make their policies uniform for everyone. Now, if a new graduate works for a call center, the company then will spend money to train the new employee. It will also advance other hidden costs such as insurance and other benefits. Lastly, the call center company may have agreements with their clients to protect certain information which you had access to.

 

And lastly it's very unfair to the present employees that they are restricting to move to a diff. CC since like what I've said there have been a number of employees including those in the managerial ranks who was able to transfer to another CC w/o being held liable for it.

 

The call center is not preventing from looking for other work. It just limiting you not to work for another competitor. It's a rat race also for the companies. Last thing they want is an upstart stealing off from them.

Good day Counsel!

Don't you think that this is unfair and unjust on the part of the employees as we had been held already by a bond during our probationary period?

It's not really unjust. It may be a little unfair. But more importantly, it is not illegal. Many companies have secrets that they want to be kept as such. You might not think it is a secret but in the company's eyes, they are.

Also, don't you think that it's only the company who's gaining from this policy as a lot of opportunities for growth has been lost because of this stupid policy?

Well, it is true that the company gains from your stay. But try to look at it from the company's point of view. First of all, they have to make their policies uniform for everyone. Now, if a new graduate works for a call center, the company then will spend money to train the new employee. It will also advance other hidden costs such as insurance and other benefits. Lastly, the call center company may have agreements with their clients to protect certain information which you had access to.

And lastly it's very unfair to the present employees that they are restricting to move to a diff. CC since like what I've said there have been a number of employees including those in the managerial ranks who was able to transfer to another CC w/o being held liable for it.

The call center is not preventing from looking for other work. It just limiting you not to work for another competitor. It's a rat race also for the companies. Last thing they want is an upstart stealing off from them.

If you are not too far west in Las Piñas, you may want to try SOGO Alabang Junction. P295 for three hours. Decent rooms. Cold aircon. Still brand new which means the bathrooms are clean.