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Roubaix

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Posts posted by Roubaix

  1. Bunjee,

     

    Nice reply to the query. Jedi Master Butsoy would be proud. You can now become Senior Jedi Council Member Templar's new padawan.

     

    Ms. Lyssahot,

     

    Am afraid my companyero is correct. Dehado talaga ang mga wifes. But also for the mistress. I had a client who got his mistress pregnant and then came back to his wife. So, the mistress tried to make habol. I told her that she had no legal standing to ask for anything from my client. She can't even force a blood paternity test much more a DNA test. Ruthless as I was, my duty to my client was my priority. So, a kid out there has no more father. :(

     

    I hope that short story does not change your perception of lawyers. At least Cyber-pinoy is good looking. ;)

  2. Companyero matlock,

     

    Just pay homage to sir Master Jedi Butsoy. Also, cyber_pinoy is a legal luminary moderator, so make sipsip to him as well.

     

    have fun at mtc!

     

    :D

  3. hI!

     

    1 may legal considerations ba involved in case GMa reconsiders 2004.

     

     

    2 may prohibitions ba for those candidates with pending cases before any court or administrative body.

    1. None. She is allowed to run again even though she assumed the presidency. Since Erap served the minimum term in terms of successsion, GMA is not prevented from running in 2004.

     

    2. None, more so for adminitrative cases. In order to bar any candicacy, a CRIMINAL case must have a final conviction. (no more appeals)

  4. good day po.

     

    tanong ko lang kung san pwede magpa kasal ng legal. ung secret syempre :)

     

    help :(

    Kahit saan. Basta may license, may solemnizing officer and most importantly a reception for the MTC lawyers who keep giving advice in this thread.

     

    But why keep it a secret? Just remember, you asked about a legal marriage, once finalized, you cant back out. Wala pang divorce dito.

     

    But if you insist on an answer, get a license and find a authorized solemnizing officer. Since you want to keep it a secret, I am ethically bound not to tell you how to make it secret.

     

    You play with the law, you are bound to lose.

     

    I have not broken any laws, I just bend them a little. - Mae West

     

    :evil:

  5. hehehe..sori po!

     

    i am an accountant assigned in our Head Office (makati) from 1996 till 1998 i was assinged in 2 projects (tuloy tuloy po), then from 1999 to present sa Head Office na, with the contract of 3 months, subject for extension everynow and then, different project po iyon pero sa head office ako naka upo. for the past 2 years iba iba po yung project assigned sa akin pero tuloy tuloy po iyon.

     

     

    marami pong salamat.

    No offense, but an accountant is the least likely to be a project employee. Project employees are usually reserved for specialized skills e.g. engineers for a bridge construction project and so on.

     

    Unless your accounting skills are unique to the projects, then you may argue that you have been employed since 1996. Why is this important? Well, you need a long employement history for certain tax benefits. Also, if there is retirement program, working since 1996 will pad your retirement pay.

     

    The only problem now for your is to argue your status with the japanese company. If you argue this, you might end up losing your job. I wish you good luck.

  6. butsoy et al,

     

    ...this pertains to project hired employee turns regular employee.

     

    i was hired by my employer (japanese construction co.) last june 1996 as a project hired employee until june 30 2003., On July 1, the company issued a letter to me stating that im now a regular employee "AS OF july 1, 2003"

     

    ...BUT ACCORDING TO our personnel dept. regularization will strt only on july 1, meaning, yung previous 6 years eh nabaliwala.

     

    TAMA PO BA YON? :angry:

     

    may difference po ba kung ang term ng employment mo eh PROJECT HIRED against CONTRACTUAL?...as far as i know once na naregular eh it will start from the date kung kailan ka na-hire not from the date na inissue nila yung letter.

     

     

     

     

     

    MARAMI PONG SALAMAT

     

    fafa grems

    Mr. Magwai or Gizmo (whichever you prefer),

     

    Without knowing your true job history, your firm is basically correct. You started as a regular employee from July 1. All your past years with them are not counted technically for anything. There is jurisprudence on the matter. But the queer thing about labor law is that each case is unique as to its facts. And the Supreme Court usually changes its stance once in a while.

     

    As of two years ago, project employees will have retroactice regular status depending on the project. This may only happen if there were several distinct projects and the person is continously hired for each project. If it is just one project, then the retroactive rule may not apply.

     

    As in the word os Master Cyber-Pinoy, we have have the complete facts para complete rin ang answer. If not, Cyber might get angry with me.

     

    :P

  7. Think about it, how can a girl rape a man?

     

    If a man says "no", does it mean "no"? Maybe its like this, "No, I want to CIM!" :P

     

    Seriously, the law says that a man can be raped by any other person as long as someting (could be anything) is inserted in his mouth or rear orifice.

     

    Bottom line: In rape, there must be insertion.

     

    <_<

  8. Innocentlady,

     

    I also did not take up civil service law back in the best law school in Rockwell. Are are you trying to implement the flexi-time rule? I represented some doctors from gov't hospital before. It was an Ombudsman case. I had CSC documents that allowed the doctors flexi-time as long as they completed 40 hours a week. It was a special case as they were doctors and there was the Magna Carta for Health Workers to back their claim.

  9. It all depends on how good your lawyer is or how deep your pockets are.

     

    Aiko's went for a year and a half.

     

    But it should normally take a couple of years. It is because it is 2 or 3 months between hearings, if you are lucky.

    hmm, thanks, man....i read somewhere that if there's no contact for 7 years between spouses (yung di na nagkikita, communicate or something), it's ok to remarry, how true?

    According to Article 41 of the Family Code, the spouse who is looking for the other spouse must have a well founded belief that the missing spouse is DEAD and has had no sight of that spouse for 4 years.

     

    Before that spouse can remarry, the present spouse must go to court and ask for judicial declaration of presumptive death.

     

    But there must be a sincere effort to look for the missing spouse not just failing to respond to the text messages (joke only).

  10. hmm, how long does an annullment session last? (how many months, years?)

    It all depends on how good your lawyer is or how deep your pockets are.

     

    Aiko's went for a year and a half.

     

    But it should normally take a couple of years. It is because it is 2 or 3 months between hearings, if you are lucky.

  11. My questions;

    Hello there,

    –I’m an American citizen (born in San Francisco / 26 y/o) and planning on purchasing, (owning a property in Manila) how much sg. ft. am I allowed?

     

    --What ( How much) is the penalty if I go over the limit?

     

    I’m really appreciated whatever information you can provide.  BTW, I’m paying my tax in Manila (property tax) yearly.

     

    Thanks.

    As an American citizen, I would have to know how you acquired it. If you were naturalized, you can still own real estate. It is not a matter of square feet but sq. meters. It is a substantial amount not limited to a house a lot.

     

    But since you are born in SFO, where I am right now for the next 24 hours, were your parents still Filipinos at the time of your birth? If so, you can play for the PBA (just kidding). If they were, you can qualify for recognition as a natural born filipino citizen. The Constitution provides that any person whom at the time of their birth regardless of where they were born has a father or mother that is a filipino citizen, that person is considered a filipino citizen. It is a lengthy process with the DOJ but if you get it, you may own up to 5 hectares just like all of us whose parents decided not to migrant to the U.S.

     

    There is no penalty or fine of owning more than what is allowed. You will just be forced to sell it.

     

    Hope that helps.

     

    <_<

    Okay, thanks, really appreciate.

     

    My parents are both an American citizen (by born), therefore the solution is to sell exceeding property, right? What if selling the possession is out of the question or let say that’s the last thing I’m going to do. Are there any alternatives/options to suffice my problem?

     

    What if I just inherit it from my grandparents/parents, does this circumstances helps, and ohhhh my grandparents are Filipino Citizen, so, what are the odds?

     

    Thank you very much, I know I owe you one, do you accept credit card? –j/k

     

    thanks again,

    Kathleen Jessica

     

    PS

    Don’t play and don’t like basketball, shopping is my game . . .

    Jessie,

     

    Sorry for the very late response. I was out of town for the last two weeks.

     

    If your parents were Americans by birth, you no longer can be considered a Natural born citizen. And you are neither a naturalized american citizen either. You may inherit some property though because the person transmitting the property is a Filipino citizen. But it is quite hard for you to inherit from your grandmother as your parents are first in line along with their brothers and sisters. You stand in the place of you parent when it comes to inheriting if that parents gives up the inheritance.

     

    Since you are an American citizen (2nd generation), you will not be entitled to have real property in your name. You can not buy property. You may only inherit intestate (no will) if there is any left for you.

     

    For services, I may accept payment in kind. ;) ;) ;) .

     

    Roubaix

  12. Mr. Butsoy,

     

    Regarding Gun ownership... what caliber of Gun can a civillian own? would it be difficult nowadays to get a Permit to Carry Outside of Residence?

     

    Thanks. :peace:

     

     

    If you need help with purchasing guns and licensing including permit to carry, I might be of service to you. I know some people...

    Juan N Only,

     

    I need a gun for home protection, dami na malalakas ang loob d2 sa lugar namin and I have a family to protect. Magkano ba damage for a 9MM and license to own? Wala akong work ngayon, can I still own a gun kahit ala ako sa workforce?

     

    TY Pre, PM me na lang.

    When you buy a gun, the store where you bought if from will usually process the license for you. Just get a NBI clearance and Police clearance before you buy to expedite the process.

     

    Better do it this year, elections are coming up and the gun ban usually starts around February.

     

    :(

  13. My questions;

    Hello there,

    –I’m an American citizen (born in San Francisco / 26 y/o) and planning on purchasing, (owning a property in Manila) how much sg. ft. am I allowed?

     

    --What ( How much) is the penalty if I go over the limit?

     

    I’m really appreciated whatever information you can provide. BTW, I’m paying my tax in Manila (property tax) yearly.

     

    Thanks.

    As an American citizen, I would have to know how you acquired it. If you were naturalized, you can still own real estate. It is not a matter of square feet but sq. meters. It is a substantial amount not limited to a house a lot.

     

    But since you are born in SFO, where I am right now for the next 24 hours, were your parents still Filipinos at the time of your birth? If so, you can play for the PBA (just kidding). If they were, you can qualify for recognition as a natural born filipino citizen. The Constitution provides that any person whom at the time of their birth regardless of where they were born has a father or mother that is a filipino citizen, that person is considered a filipino citizen. It is a lengthy process with the DOJ but if you get it, you may own up to 5 hectares just like all of us whose parents decided not to migrant to the U.S.

     

    There is no penalty or fine of owning more than what is allowed. You will just be forced to sell it.

     

    Hope that helps.

     

    <_<

  14.  

    kgg. butsoy... pasensya po... kung maari nga ayakong magdidikit sa mga abogado... dangan nga lang at eto ang aking propesyon (nyahaha... parang napipilitan... :P...) may masama po kasi akong karanasan sa abogado... :P...

     

    lawyer...? never again...! :ninja:

     

     

     

    learn the rules well, so you'll know how to break them...

    IB,

     

    Why? What did that laywer do to you?

     

    Just remember, not all lawyers are the same. We may have dicks, but not all are pricks.

     

    Peace. :D

  15. The extra-judicial settlement is a process wherein the heirs of an estate come (no pun intended) together to divide the properties of their relative who passed away.

     

    It must be intestate (no will) and have no debts. The process is quite simple. All the relatives sign an affidavit wherein the division of the properties are indicated. Aside from the affidavit, you will have to submit a bond in the amount equivalent to the personal (as compared to real).

     

    It is best to wait for two years after the demise of the relative. There is a presumption of an estate being debt free if no creditor files for letters of administration.

     

    But dont forget to file a notice of death with the BIR (60 days) and the Estate tax return (6 months). If you don't, penalties galore.

     

    Hope that helps

     

    B)

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