Roubaix

Greetings to everybody here,

One of the things that have resulted from my imminent divorce is a hefty PLDT bill. My wife is in the US and I'm temporarily here. The thing is, customers are only allowed one promisory note per year which was almost paid in full when this new bill came in for php 45,000. The previous one was for php25,ooo.

I acknowledge my bills. And it's my intention to pay PLDT but the thing is, they've only given me a month to pay everything off. It's either pay the bill in full or the line gets cut. To make matters worse, the line is in my brother's name, and ayaw ko sana sya madamay as much as possible 'coz it's my mastake.

What penalties/fines can we expect? Due to my domestic situation, I can only pay so much 'coz I'm on a budget.

Legally, you are in a bind. You can't give the excuse of your pending divorce as a reason not to pay.

Why not pay off the bill with a credit card and have that balance paid off in installments.

good morning to the lawyers of the house!

 

this question popped out sa "legalize divorce" thread. but actually, the question was about annulment here it goes:

 

in annulment, the idea is "there was no marriage" in the first place. am i right? if there was no marriage, does this mean that their kids (if ever they had during their "marriage") are illegitimate?

 

hope you guys can help.

 

thanks in advance!

One must distinguish between an annulment and a declaration of absolute nullity of a marriage. Both have similar end results but differ in reasons and methods.

The common example of the "annulment" is the pops-martin, aiko-jomari, carmina-rustom annulment. This, I think was based on Art. 36 of the Family Code, annulment because of psychological incapacity. A term used to describe a person without the mental preparedness to become a spouse. This term is open to many interpretations. According to the law, children born of of this marriage will still be considered as legitimate.

To stop the confusion, children born out of a absolutely void marriage will be forever illegitimate except for Art. 43 (Absentee) and 53 (Failure to distribute) . Children born out of an annulled marriage will be still legitimate because the marriage was valid at its inception. The first type is declared null and void because of the lack of one of the essential and formal requisites of a marriage. The second type, because of an infirmity in one of the essential elements of marriage.

Sorry for the double post. My computer acted up.

And the second line should have been:

I am not an actor, I am not a star, I don't even have my own car.

All I can say is:

I was twenty five minutes to late.

or

I am not an actor and I don't even own my car.

Thats all.

All I can say is:

I was twenty five minutes to late.

or

I am not an actor and I don't even own my car.

Thats all.

Cyber_pinoy, totoybola:

 

We are forgetting the actual practice of labor law. If the laborer is the one at fault, compassionate justice will overrule the technicality.

 

If the missing requirement was due to the fault of a big law firm representing a SM type  firm, then the technical rules might be enforced.

 

Cybs, which side are you ba? Arbiter or Commission level?

 

Good luck na lang.

 

Godspeed 

I'm for the complainant. In my initiatory pleading, I gave a certificate of non-forum shopping. In the perfection of an appeal in the commission level, there was an oversight and inadvertence of not submitting again a certificate of non-forum shopping.

 

Doctrine of Substantial Compliance na lang defense ko. And a lot of prayers, ika nga, hehehehe......

Pareng Cybs,

Since you are representing the complainant, I am assuming that you are for the laborer. Justice will be on your side.

In the sad event you have to make an MR, just go with the doctrince of Pres. Magsaysay: Those who less in life should have more in law. Well, something like that.

Cyber_pinoy, totoybola:

We are forgetting the actual practice of labor law. If the laborer is the one at fault, compassionate justice will overrule the technicality.

If the missing requirement was due to the fault of a big law firm representing a SM type firm, then the technical rules might be enforced.

Cybs, which side are you ba? Arbiter or Commission level?

Good luck na lang.

Godspeed

What is the possible remedy if the complainant did not attach or include a Certification of Non-Forum Shopping? Are there any jurisprudence or fact that supports it.

 

Rush reply appreciated.

Sir,

In practice, the adverse counsel would file a motion to dismiss. It is really a fatal flaw. If with the appellate court, usually minute resolution dismissing case.

But the dismissal will be usually without prejudice. If not disclosed by the adverse counsel, then maybe you can make pahabol.

Is it possible to use the middle initial of your name as your last name. parents are maried but is it possible for me to use my mom's last name instead of my dad's?

Art. 364 of the Civil Code:

Legitimate and legitimated children SHALL principally use the surname of the father.

Art. 376

No person can change his name or surname without judicial authority.

But there is an exception:

Art. 379

The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Pen name and stage names cannot be usurped.

Unless you give the reason why you don't like your father's surname, this is all I can advise.

Hope that helps.

ano ang legal age of consent sa Philippines? confused ako sa mga news na lumalabas eh ...

Consent for what?

Marriage - 18

Sex - 18

Everything is 18.

Below that marriage becomes absolutely void, sex can either be rape (12), seduction or qualified seduction (virgin).

This is the situation. A friend of mine was driving along C5 going towards Pasig at around 10:00 pm. Then he hit this man (fortunately kamay lang at parang daplis lang) and he stopped to help the man. And then ngayon parang hinaharass na sya ng lalake. According to my friend, it happened in that section wherein curved yung road. He admitted that he didn't see that man but that section was supposed to be off-limits to pedestrian because of the steel railings in the island of the highway.

That is a common M.O. for the squatters who play the roads. I think they are trained to harass in case they ever get hit.

Tell your friend not to take it too lightly. I had a client who didn't take seriously and had a reckless imprudence case filed against him.

In case the guy does not have your friend's address, he is pretty safe. If not, expect unfriendly visits.

Since the damage was quite minimal, it probably won't prosper to a criminal case in case a complaint is filed.

Good luck to your friend.

Pardon me if this question has been asked before ...

 

Is the driver of a vehicle which hit a jaywalker liable for any damages ?

The general rule says yes.

But one can argue if the jaywalking was on the North or South Expressway. The driver of a vehicle is obligated to use all precautions as the circumstances dictates.

The amount of diligence required for the highway is different to the one required while driving in the city streets.

To determine liability, the plaintiff or the one suing must prove that the driver did not perform the REQUIRED diligence when the incident occured.

There are so many doctrines in torts law and it has been awhile since I read up on it. Cyber, please help out.

Wag na sila pumunta dun.  Dito na lang sa MTC Legal thread, maraming abogado diba.

 

Uyyyyy..... plugging......

res ipsa loquitor... kumusta sa mga kapwa kapañeros

Uy, bagong member of the manyak lawyer's club.

Cyber, please do the hazing, I mean, initiation.

thanks to this attorneys whoever it is: sir/madam:

how cheap it is to get annulled, and sir/madam we've been parted for at least 10 years, but I still send them money every 15 daysfor ma 2 kids, thanks again, hope you could help me.

The actually question should be: How much will it cost me?

And cheapness is a relative term. In terms of actual cash, I suspect you might spend over six figures. It's not just the lawyer that gets paid. Everyone else does if you want things to speed up or approved.

But it is not all about the money, it takes time and sacrifice. The effect of an annulment is that the marriage is erased from legal memory. It as if it never happened. How then explain that to your kids.

Looks for lawyer that will personally handle your case. Remember, in theory, it really boils down to the report of the psychologist. So get a reputable one. It practice, its about the money.

Pare,

Can you be my partner?

 

Jack Ryan, tanong lang po kung ikaw ba iyong prtege ni Tom Clancy?

 

Tanong lang din po. Mag one year na po ako sa company namin. My employer promised to give me Pxxxx.xx after three months ng probation period ko. Until now, di pa rin po binibigay. I asked for an employment contract before para may document po akong pinanghahawakan, wala pong ibinigay sa akin. Pag I am asking my employer for my pay, sabi di pa kaya ibigay ng company. Pano ko po sasabihin sa kanila na they should give me the amount promised to me? Hirap lang po kasi maghanap ng work ngayon. Whew... :cry:

zoya,

What is the nature of your job? The law says that you if work one day over 6 months, you become a regular employee.

Since you are hired under the guise of probation, it necessarily follows, that you beomce regular after a given period never to exceed 6 months.

If you have been working this past year without pay? or little pay? Whatever the case may be, I admire you for taking the sacrifice.

Feel free to add more data so that we may help you more.

Oks ba cyber?

Cyber_pinoy,

You are back. Missed your inputs. What's up?

Ang galing talaga ni freelicker. Take out the prefix "Atty". Replace it with "Hon."

As any wise lawyer, he advised Kobe to admit that he had sex. Now the burden of proof lies with girl to prove that it was not consensual. That is an old strategy for rape cases. The rep of the girl will come into play.

Sadistic as it is, it gets off clients.

Have to know if private or public employee.

 

Hard to give a complete answer.

public employee po

Still not giving complete info.

Confidential employee? CESO position? What rank and item in the plantilla?

But to give a quick answer, he has the same right as another employee with regard to what he receives, if the appointment is with regard to his job. If it is an "OIC" appointment, then no additional rights. Just more power that his former position.

The key work is "temporary". A temporary appointment may be renewed constantly as long as their is no competent employee to be permanently hired. To answer futher would require an engagement as it will involve a legimate strategy which deserves some sort of compensation.

ano po ang karapatan ng isang employee with temporary appointment?

Have to know if private or public employee.

Hard to give a complete answer.

Sir Butsoy,

We really need another Lawyers EB. Lets think about making a psuedo law firm. Lets give our collective soul name. What do you say?

Atty Butsoy and other lawyers in the house! hope you're doing fine in there.

 

i got a legal question i wanna throw in. here goes..

 

 

Facts: - A, inc. is a company engage in outsourcing services here in pinas catering to clients abroad

- B, inc. is a newly formed company, owned by majority if not all of the incorporators of A, inc. also to engage in outsourcing services just like A, inc.

- A, inc. informed its employees that it will be closing shop very soon

- B, inc. drafted an employment contract which provides, among other common employment contractual provisions...

* an employee voluntarily resigned from A, inc.

* that his/her tenure from A, inc. will be carried over to B, inc.

* they will be subject to the provisions of the contract (no mention of security of tenure naturally since its under contractual provisions already)

* a waiver of an employee not to engage in similar job to other companies engage in similar business with B, inc. in a period of 36 months

* and the breach of the same, an amount of 1M plus other liquidated expenses, legal fees shall be imposed on the employee

- some employees of A, inc. already signed such an employment contract

 

 

issues:

- whether or not, a right to pursue the profession of choice (which happen to be your field of experties, digital art, among others but mostly intellectual properties) is waivable.

- whether or not, the damages setforth is demandable.

- whether or not, it is legal for the incorporators of A, inc. to dissolve its company and form a new one which will continue the business of A, inc. but effectively makes all regular employees of A, inc. contractual employees now of B, inc?

- whether or not, the transfer or tenure from A, inc. to B, inc. is standing considering that employees will no be under the contractual agreement between B, inc. and its employees.

 

i really hope you guys can help me on this. thanks in advance.

taning ina,

I thoguht I rid myself of Mr. A and Ms. B. S**t, they are back again. When am I going to get rid of these guys?

Seriously,

Hall of Fame Master Jedi Butsoy has supremely answered your query. I dare not to doubt him.

Sir Butsoy,

Great FR, I mean, great story on career. It 's good thing, you did not go to my school, or I would have flunked your class.

The only class I failed in my law school days was Theo. It is no wonder that I am active inthe forum site. :evil:

Freelicker,

Consider yourself a candidate for the judiciary. Good explanation. You have saved the profession.

Again, good day Justice Freelickerr.