Jump to content

wildswans

[04] MEMBER II
  • Posts

    145
  • Joined

  • Last visited

Posts posted by wildswans

  1. I have a question...

    Can a tenant renting a house with a one year contract, terminate anytime without finishing the contract? if so, then that means he/she can't get her security deposit back?

    Any info will be greatly appreciated.

  2. Hi there. I'm wondering if a person lost his atm and he found out that someone withdraw some money from his account. Can he just go to his branch and request to see the CCTV footage? what can he do? Thanks for any info.

  3. I have used Finasteride Propecia before. It was prescribed to me by my dermatologist. I also tried minoxidil but not only is it troublesome to use for me, it wasn't effective. The Propecia works wonder because I noticed hair growing on my head near the forehead. The dermatologist warned me of the possibility that libido will be decreased but wasn't able to feel it with my ex then. However, my mom asked me to stop taking it as he doesn't want me to become impotent. Sadly, around 2005, I had problem getting junior to stand proud and I had to use ED medicines like Viagra, Cialis and Robust. None of my exes knew I was taking ED meds except my wife now where I had to be honest about it because it made her think that she's not hot or pretty enough for my penis to stand tall. I read some articles online that not all people suffering from ED are impotent.

  4. 1. what are the best reasons to put on a resignation letter. She wants to rest already after working 12-hour shift for more than 2 years and wants to move in with her boyfriend as well as visit her family in the province.

     

    Slavery is not recognized/allowed in the Philippines. An employer cannot force an employee to continue working for him. As stated earlier, the only requirement is that the employee give 30-days notice of his resignation. So, ANY REASON can be given by the employee, so long as he gives 30-days notice.

     

    Thank you very much sir rocco69 for the quick response.

  5. 1. if an employee signed an employment contract then he/she should write a letter of resignation before resigning. Whereas, if the employee wasn't made to sign an employment contract then the resignation can be verbal. Is this true?

     

    NOT TRUE. Even of there is a written employment contract, if the employer accepts a verbal resignation, that would be valid. And even if its a verbal employment contract, nothing prevents the employee from making a letter of resignation. The advantage of a written resignation over a verbal resignation is that it is BETTER evidence that you resigned (or attempted to)

     

    2. Are there any differences or loopholes or consequences if an employee writes a resignation letter compare to informing the employer verbally?

     

    An employee is supposed to give the employer 30 days notice of his/her intent to resign. No 30 day notice, the employer can hold the employee liable for damages he suffered because the employee abruptly leaves without giving the employer a period to look for a replacement/prepare for his departure.

     

    A resignation letter (given at least 30 days before the effective date of resignation), frees the employee from liability for damages.

     

    It is more difficult to prove when a verbal resignation was made, or that it was made with 30 days notice.

     

    Note that all of these becomes academic if the employer AGREES to the resignation, even if there was no 30 days notice. It becomes important if the employer complains of the resignation, or claims that it was improperly made. Note also even if there was a violation, and the employer complains about it, liability for damages would probably move the employer to withhold the last salary owing to the employee. If the employer doesn't owe the employee any money, they would have to go to court to ask for damages. MOST EMPLOYERS WILL NOT DO THIS AS THE COST FAR OUTWEIGHS ANY AMOUNT THEY CAN RECOVER FROM THE EX-EMPLOYEE.

     

     

    3. What to do if the employer refuses to accept the resignation letter.

     

    If the employee who wants to resign wants to have evidence that he gave 30-days notice, the best evidence is a resignation letter saying that he is resigning and stating the date when the resignation is to become effective (which date should be at least 30 days after the employer receives the letter).And the best proof of that is by having a "Receiving Copy" of the letter stamped/written with the words "Received" and signed and dated by the employer (in other words, you prepare two copies of the resignation letter, one copy you give to the employer, the other copy you have him write "Received" on the front, with his signature and date, which you keep for yourself, as proof that really, the employer received such a letter).

     

    Now, if the employee anticipates that the employer will not accept the resignation letter when he attempts to give a copy to the employer, HE SHOULD BRING SOMEBODY ALONG AS A WITNESS (preferably, not a co-employee, because they might not testify on his behalf later). When he gives the letter, he should give it with the witness present. Now, when the employer refuses to receive the letter (or to write "Received" and sign on the receiving copy), he should just leave the copy for the employer there AND THEN WRITE THE WORDS "REFUSED TO RECEIVE" plus the date on the other copy he has, and then he and the witness signs below that. He then keeps the letter as proof that the employer was given the letter but refused to receive it. And because he has a witness, it is better evidence than him just saying that the employer refused to receive the letter.

     

    Thank you for the detailed information, sir rocco69. It's not possible for the employee to bring someone along as witness as they are only required to go to the office alone to surrender money every afternoon (for the cashiers) and to get their salary every pay day. I will ask if she's close to the 4 office staff and if those staff are around whenever employees will surrender money and when they get their pay check. If so, then perhaps, one of the office staff can act as witness. The next thing, I guess, is to report to DOLE right away if the employer refuse to receive the letter. I remember the DOLE officer I talked to over the hotline advice me to do that.

     

    Lastly, I understand that the resignation letter should have a reason for leaving but doesn't need to be detailed. So I'd like to ask what are the best reasons to put on a resignation letter. Actually, the employee is resigning because she wants to rest already after working 12-hour shift for more than 2 years and wants to move in with her boyfriend as well as visit her family in the province.

  6. Hi MTC lawyers. I have some more questions about employment particularly resignation.

     

    1. I read an article online and it said that if an employee signed an employment contract then he/she should write a letter of resignation before resigning. Whereas, if the employee wasn't made to sign an employment contract then the resignation can be verbal. Is this true?

     

    2. Are there any differences or loopholes or consequences if an employee writes a resignation letter compare to informing the employer verbally? I asked this because my girlfriend said she and fellow workmates used to sign an employment contract ONLY in the beginning but has since stopped. She also said that they are asked to submit a letter of resignation when someone wants to resign but now the employer no longer ask for it so it's verbal now. I'm having a hard time deciding whether to ask my girlfriend to submit a resignation letter when the norm in her workplace is informing the boss verbally. She informed the boss on July 2 that she will be leaving at the end of September but the boss didn't allow her and asked her to resign next year. We had a bad fight regarding it because she just agreed to her boss' wishes but that's another story. So now, my girlfriend has decided that she will be informing the boss soon that she will be leaving at the end of December 2020 and won't come in starting January 1, 2021. She also decide that if her boss didn't agree again, she will just pack all her things and walk out just like what her colleague did last June. Thus, I'm not sure what's her best option.

     

    3. I called DOLE's hotline this afternoon and the guy told me that if the employer will not accept the resignation letter of an employee, the employee can write the outcome down on a piece of paper stating that the employer didn't accept the resignation letter. For example, according to the assistance officer, if the employee hand in the letter to the employer but the employer refused to accept it or received it, then the employee should grab a piece of paper and write down that the employer didn't accept or receive her resignation letter. Is this true? It's just like writing on a diary and it doesn't seem to make any sense.

     

    Any information will be highly appreciated.

  7. Good day to all lawyers here. I just have some quick questions.

     

    1. My girlfriend informed her boss on July 2, 2020 that she will be resigning at the end of September but her boss told her that he won't be able to get a replacement at this time and asked her to resign next year. Deep inside I know that it's not my girlfriend's responsibility to look for a replacement and no employee should be barred from leaving even without a replacement, I decided to call DOLE's hotline to confirm. The officer I talked to told me that an employee need to inform her boss/employer by writing a resignation letter a month before the effective date of resignation and the boss will be the one to look for a replacement. If the boss failed to find a replacement or he/she refused to look for a replacement then the resigning employee should be allowed to leave and not take it against the employee. The officer added that an employer/boss shouldn't control what his/her employees want to do on their day off when I told her that my gf and her colleagues are not allowed to go out on their day off for 4 months now and counting even in GCQ. The female employees are all stay in while all the male employees are stay out. Some employees told me that the boss is afraid that if the female employees are allowed to go out, they might go home and not come back.

     

    Now, my question is, if my girlfriend will submit a letter of resignation, should she let someone receive it? If so, who? They have a supervisor but they always asked the boss or owner of the business if they want to leave. So I'm afraid that the supervisor will pass her to the owner. Next, what if the boss or whoever is in the office refused to receive the resignation letter then what are her option? How can she secure a proof that nobody wants to receive her resignation letter?

     

     

    2. My girlfriend's dad inherited a piece of land from his father. The dad divided the land (without any fencing or marker) among his children including my gf. Her mother is still alive and the father didn't execute any will as it is not famous among poor families in the province. So my gf's father only verbally said which piece of land belongs to who. My gf is afraid that one of her brother might get (agawin) other siblings piece of land including hers. Is there anything she can do to prevent that from happening? If she decided to erect fences around the small piece of land, will it deter someone from taking over? Is there anything her mother can do as a parent? I think the title is still in my gf's grandfather's name but he passed away already and I think the title is with the grandmother but nobody know where she kept it.

     

     

    Any information will be highly appreciated.

  8. Good day po, Sir. I understand that it's a common practice for an employer to require employees/applicants to submit an NBI clearance but is it common or proper for an employer to ask for one every year? Thanks in advance!

  9. Good day po Sir. If a lease contract is about to expire and the lessee said that he vacated the unit already with his things but the security of the building said that there are still some belongings left. What if, the lessee didn't remove all of his belongings at the end of the contract even after reminding him a day or two before the contract ends to remove all his belongings. Can we remove the belongings ourselves and just leave it at security for him to pick up at a later time? Is that legal? What's the best way to deal with this? It would be a hassle to clean the unit if the belongings are still there and more so if someone wants to occupy the unit already.

  10. if more than ten years has elapsed since the eldest son died, the action would clearly have already prescribed. Di na pwede habulin, pag ganun.

     

    Thank you, Sir. The eldest son died more than 10 years ago. The eldest daughter passed away two weeks ago and in that occasion the "bunso" filled me in with some information which piqued my curiosity which led me to ask about it. Thanks again.

  11. Hi Sir. I have some questions. My grandfather transferred the name of some of his properties to his eldest son's (my uncle) name because he is the only one who is a Filipino citizen at that time among his siblings. After my grandfather passed away, the eldest son refused to share the properties to his less fortunate siblings (aunts and uncles) because he said it is in his name so he is the rightful owner. After the eldest son died, his children (my cousins) also refused to share the property saying that since it is in their father's name it belongs to them. Is there still a chance for the other siblings to get their share even if the property is in their eldest brother's name or is it impossible already? If there's still hope, what can they do?

  12. 1. Is that legal?

     

    without knowing the nature of the work they are performing, mahirap magsalita kung legal nga ba ang kunin sila bilang freelancer lamang.

     

     

    EDITED (I edited the above post since I posted the wrong info):

     

    Hi Sir. Thank you for the response. They are hired as freelance home-based online English teachers. They teach English to Chinese students in China. The company has physical offices in the Philippines so I guess they are locally registered and under the jurisdiction of the Philippine law. Since they should be under the Philippine law, can they tell the Filipino teachers, "all freelance or independent home-based online teachers are required to take this training as MANDATED BY THE CHINESE GOVERNMENT"? Can they use the clause "as mandated by the Chinese government" when the teachers are all Filipinos and working in the Philippines or must obey Philippine law?

  13. 1. Is that legal?

     

    without knowing the nature of the work they are performing, mahirap magsalita kung legal nga ba ang kunin sila bilang freelancer lamang.

     

     

     

    Hi Sir. Thank you for the response. They are hired as freelance online English teachers. They teach English to Chinese students in China. The company has physical offices in the Philippines so I guess they are registered and under the jurisdiction of the Philippine law. However, since they should be under the Philippine law, can they tell the Filipino teachers, "you need to complete this online training on or before this date as MANDATED BY THE CHINESE GOVERNMENT"? Can they use the clause "as mandated by the Chinese government" when the teachers are all working in the Philippines or must obey Philippine law?

  14. Hi there. Just got two quick questions:

     

    1. A company from China have offices here in the Philippines and they are doing the hiring locally. They only hire applicants as Freelance. They are requiring the Freelance to finish a training at a specific date saying that it is mandated by the Chinese government. Is that legal? Because it seems that they are treating the freelance as under the Chinese government which clearly they aren't because they are Filipinos and are residing in the Philippines.

     

    2. If a guy is trying to pissed you off by making "parinig". Then if you retaliate by doing the same thing to him until he got pissed and challenged you to a fist fight and without saying anything you punch him in the face. Will you be held liable or him for starting the fight by making parinig? In that situation, is it better to wait for the guy to get physical first then just beat him up after making the first move?

     

    Thanks in advance.

  15. I live in a townhouse. My mom can park her car immediately in front of our house and space on the right side of the car serves as driveway for other people behind us to pass or park by the wall which is still in front of our house so the space on the left side of the car serves as driveway. Recently she decide to park by the wall to give her more space in front of the front door. However, we have one neighbor who is an inggitera. I guess they are not happy with the set up because after we got home today, I reviewed the CCTV and saw that when they got home they intentionally drive a little quick in reverse and brake just in time which less than a foot of my mom's car. Kinda like taunting us. I kept the video just in case something happen to let authorities see that there was prior intention.

     

    Should they hit our car whether by accident or not, What can we do especially if they refuse to pay? What's the procedure should they hit my mom's car? We are not in speaking terms for so many years already. But the other neighbor have no problem with the setup.

     

    Any info will be greatly appreciated.

  16. 1. Is [it] proper for a locally registered company to ask for an NBI clearance from its homebased online workers?

    Yes. Its their job offer. They can require whatever they want from interested applicants, so long as the same is legal and reasonable. NBI clearance is a reasonable and legal requirement. If you don't want to comply, you are free not to apply.

     

    2. Is this really a law in our country?

    I think it is SOP for police authorities to charge the driver if someone is injured/dies in a vehicular accident, the thinking being "let the judge decide who is at fault", at least no one can claim the police were negligent or were bribed not to file charges. Its basically to ensure their A$$es are covered.

     

    3. If so, how can a completely innocent party defend itself from such a case?

    Present evidence to show that you were not at fault/negligent. If the person charged is not at fault, the physical evidence will show it. In most cases, the complainant will also be unable to show that the other party was at fault.

     

    Thank you for the information, sir. Just to clarify about question number 1, some of us were already working in the company for more than 3 years but it is only now that they are requiring it and threatened not to renew contracts if we don't submit one. Sorry for forgetting to mention it.

  17. Hi sir. I have two questions.

     

    1. Is proper for a locally registered company to ask for an NBI clearance from its homebased online workers? The workers are signed as "Independen Service Provider" and the contract states "no employer-employee" relationship so meaning Freelance.

     

    2. With many deadly accidents happening recently, I can't help but notice that the party who is not as fault is often charged with "reckless imprudence resulting to homicide" or "reckless imprudence resulting to physical injuries" when the party at fault suffers some casualties and is the one to blame. Is this really a law in our country? If so, how can a completely innocent party defend itself from such a case? Because it seems this law was made so that the one at fault can get some financial assistance from the innocent party which I think is unfair and nonsense.

     

    Thanks for any info.

  18. shouldn't be a problem. even if the checks are issued by his father, eviction for nonpayment would require that the tenant prove he has paid the rentals. Ano ang proof niya na nagbayad na siya? Since talbog yung cheke, he has no proof of payment, unless he pays the rent himself (which would then solve the problem).

     

    In fine, OK lang yung checks issued by the father as payment, if the checks bounce, you can opt to file an eviction case, as well as for BP22.

     

    Thank you very much sir for the information.

  19. no problem whether the father is included as a lessee or not, the important thing is he issues checks in favor of the landlord.

     

    The Bouncing Check Law doesn't really care whether the person issuing the check benefited/profited from the transaction. So long as he issued the check, and the same bounces, the issuer becomes liable (yan lang naman ang habol ng humihingi ng check, yug maaari niyang kasuhan ng KRIMINAL yung nag-issue ng check. May kulong kasi pag talbog na cheke, kaya mas madaling maningil).

     

    If you want, you can state in the Lease Contract that payments will be made by check issued by the father of the tenant.

    Thank you sir. One last question, your reply took care of, in case, his father's checks bounced, but what about eviction? Kapag hindi na nakakapagbayad, bp22 will be used but will there be any legal problem or hindrance for evicting the son since he solely signed as the lessee but the checks are from his father and we put a clause in the contract that the checks of the father will be used?

  20. Hi there. I have some questions regarding property leasing. A guy and his wife, newlyweds, wants to lease a property from my parents but he said he doesn't have bank checks yet. So he plans to let her father issue the post-dated checks and will be paying his dad in cash monthly. My parents plan to put the names of the son and his father in the contract as lessee, is it legally ok if only the son signs the contract as the lessee even if the checks are from his father's account or should the father sign as lessee as well? My parents had an experience before where they put two people as the lessee but the one who signs the contract is also the one who issued the checks. A

     

    Any info will be appreciated.

  21. 1. So I have one more question. Is it true that while the case is on going, the respondent don't have to pay rent and will be living for free?

     

    Kung kinasuhan nga naman ako ng may-ari, di na ako magbabayad. Alalahanin mo, hanggang walang court order, di mo pwedeng pwersahang palayasin sa bahay yung umuupa (unless may clause sa Lease Contract na you can take possession of the place without permission from the lessee).

     

    But the Decision of the Court will order them to pay the rentals they have not paid, PLUS pay for the period they used the house after the lease expires and until they actually leave the premises. So, in theory, mababawi mo lahat ng hindi nila nabayaran (in theory, kasi minsan, yung umuupa, wala namang perang pambayad, kahit anong piga mo, kung walang pera talaga, wala kang makukuha, kahit pa utos na ng korte).Pero, kung may pera yan, mababawi mo yun. But ultimately, utang lang nila sa tiyahin mo yun.

     

    Kaya nga maganda na nag-issue sila ng cheke na tumalbog. Walang nakukulong sa utang; sa tumalbog na cheke MERON. Patalbugin na lahat ng cheke na inissue nila. Tapos, ihabla sa cheke tumalbog, ISANG CHEKE, ISANG KASO! para talagang makukulong (sabi kasi ng Supreme Court, pag unang conviction ng BP 22, dapat fine lang. Ibig sabihin, sa pangalawang sentensya, di na fine, kundi preso na talaga! Tapos, kung maraming cheke, eh di siguradong walang parole, at repeat offender siya, hindi nagbabago at nagrereporma!

    Thank you sir!

  22. 1. My question is, does it really take 5 years for this kind of case whether if my aunt will sue for estafa or not?

     

    The case to get rid of them would be ejectment. While this is supposed to be summary (mabilis), the truth is medyo matagal din ang kasuhan, mga 1 - 2 years bago madesisyunan, tapos pwede pa iapela (although kung manalo kayo sa Metropolitan/Municipal Trial Court, kailangan nilang maghulog buwan buwan nung upa, otherwise layas na sila sa bahay kahit may apela sila).

     

    Ang kagandahan dito, nag-issue sila ng cheke na tumalbog. Ito ay violation ng Batas Pambansa 22, at ito ay criminal case na may kulong. Yung ejectment, walang kulong, kaya pwede silang magtapang-tapangan. Pero, yung BP22 may kulong, kaya pwedeng-pwede niyong gamitin pang-leverage sa kanila, para sila lumayas, at kung matigas talaga ang ulo, para ipakulong yung nag-issue ng cheke.

     

     

    2.Can the lawyer of respondent kept asking for delay during the trial and is there a limit for such delaying tactic?

     

    Pwede. May ganyang taktika din sa paghahabla, pero dahil may abugado din naman kayo, alam din ng abugado ninyo paano ito kontrahin. At hindi naman pupwedeng i-delay nila forever ang kaso, di rin naman pumapayag ang huwes sa delay ng walang dahilan.

     

     

    3. According to the Barangay, if the court approves for the house to be sheriff, the belongings will not be taken out of the house because the respondent still owes money, is that true?

     

    To be sheriff (you probably mean, if you win, then the decision ejecting them from the premises will be implemented by the sheriff). If there is a money judgment, the sheriff usually just takes the money from their bank accounts. If they do not have money in banks, or the same is insufficient, the sheriff can take their property and sell it at public auction to satisfy the judgment.

     

     

    4. But if the Respondent knows that they will be sheriff they can move out without anybody knowing right? What other legal things can we do with regards to this kind of case?

     

    Yes, they can move out. But, as I said, the sheriff can go against their bank accounts (the sheriff writes letters to all the banks asking them that if the losers have accounts with that bank, for the bank to hold the contents of their accounts). You can also file a BP 22 case, as I said earlier. Since your aunt already has a lawyer, in all probability, he already told her all this.

     

    Thank you very much sir for the info. My aunt and the respondent faced the lupon this morning. The respondent accused my aunt of being greedy because she claimed my aunt wants her out of the house just because she already fix the house. But in reality, my aunt wants her out of the house because 3 to 4 months before the contract expires, she was paying the rent in installment. Sometimes the respondent would promised to pay next week but always fail to keep her promise. My aunt had to be the one calling her for the rental payment. So my aunt decided to let her go after the contract expires since she's already 78 and doesn't want to constantly remind the lessee each time the rent is due. After the lupon ask about their contract and to point out to the respondent that there's a clause where it is clearly written that she cannot fix anything inside the house without permission. At the point, the respondent got furious and stood up and accuses the lupon to be siding with my aunt and then she told the lupon that she wants my aunt to sue and doesn't want to see my aunt again in the baranggay hall then she walks out. The members of the lupon were telling her to stay and to respect them since the proceedings is not yet over but it fell on deaf ear. They were surprised because they said they have never encountered someone as arrogant as the respondent during a hearing. They all felt that the respondent is a professional scammer because she's looking forward to be sued so that she can live for free while the case is on going. The lupon will make a final summon next week before issuing a certificate for my aunt to sue. Frankly, since my aunt has the money, I would prefer that she sue the bastard for treating her disrespectfully and for taking advantage of her kindness but more importantly it's not her fault. However, the members of the lupon are encouraging her to just sacrifice the 6 months rent and let the respondent live until July 30 because that's the condition of the respondent - to live until July 30 para sulitin gastos niya. Because according to the lupon, the respondent might do something bad to her house plus if the litigation last for years then it would be lost income. Of course I don't agree but then it's my aunt property and money so she has to decide.

     

    So I have one more question. Is it true that while the case is on going, the respondent don't have to pay rent and will be living for free?

  23. Hello po sir. I would like to ask for an advice. There's this family who are renting the house of my aunt. They were paying their rent on time before but before their contract expires, they seem to be having problems with the payment. After the lease contract expires, they refuse to leave the property and started paying the monthly rental on installment basis. At first, they were able to complete the whole month's rental payment but as time goes by, they weren't able to complete the payment. Right now, they haven't paid for four months already. She kept promising to pay but to no avail. I don't know what kind of upbringing the wife has but she refused to leave and she's challenging my aunt to sue them because she claims the litigation will last five years. Perhaps, they could live in the house for free during those 5 years. At the same time, the wife was giving the reason that she would like to get her money's worth because she claims she spent P100K to change the tiles of the toilets, to remodel the dirty kitchen and etc. She did all those "repairs" WITHOUT any permission from my aunt. Whenever my aunt would ask her to leave she would always use the excuse that she spent P100K already. Few weeks before meeting at the Baranggay she increased the amount to P150k.

     

    My aunt went to a lawyer but she wasn't able to get further details hence I'm asking for advice here. The lawyer advise my aunt to go to the Baranggay first. I and my mom accompanied my aunt and the respondent is in her usual arrogant behavior. This time she claims that she spent P200k. The Baranggay mediator wasn't able to solve the problem because both parties are having shouting match. The respondent wants to stay until the end of July to get her money's worth but she's not going to pay the remaining 4 month's rent as well as June and July. So a total of 6 months rent. My aunt refuse so she challenge my aunt to sue instead.

     

    After they left, the mediator said there will be another meeting or what he calls a "Lupon". The mediator said that the respondent is like a "palengkera" and told my aunt that the respondent will not win in court because it's her fault that she fixed many things inside the house without asking for permission. The aunt also deposited some of her checks but it bounced. The mediator also saw the receipts that the respondent allegedly spent and he was surprised that there was a P30k for a water closet or inidoro. Also, he said those receipts are not official receipt from a store and all of the receipts are of the same size and color which is too small to be a receipt.

     

    My question is, does it really take 5 years for this kind of case whether if my aunt will sue for estafa or not? Can the lawyer of respondent kept asking for delay during the trial and is there a limit for such delaying tactic? According to the Baranggay, if the court approves for the house to be sheriff, the belongings will not be taken out of the house because the respondent still owes money, is that true? But if the Respondent knows that they will be sheriff they can move out without anybody knowing right? What other legal things can we do with regards to this kind of case?

     

    Any advice will be greatly appreciated.

  24.  

    best thing to do is to ask the owner if you can vacate or transfer the things in the garage to inside and put your car sa garage to eliminate the possibility of them damaging the car. kung malakas ka naman dun sa may-ari, papayag yun. or offer to lease the garage only.

     

    yes, wala din silang right, but then again, if they damage your things, they are liable for the damage too.

    ang sinasabi ko lang, is nasa compound din kasi kayo. its an enclosed space. and each space is owned by someone. if you erect a structure which is outside of your property, it is similar to "squatting, or erection of an illegal structure." it will not hold in court dahil the structure should have not been there in the first place. pag may nag damage ng structure mo sa something that is similar to squatting, pano ka maghahabol? eh di naman sa iyo yung property.

     

    however, yung sa car, if they damage the car, pwede kang maghabol.

     

    Thank you for the advice, Sir.

  25.  

    since the shed is not in your property, wala kang laban dyan. verbal agreement lang kayo ng may-ari ng unit G eh. besides, when you built a shed, was it in agreement with the owner?

     

    in my opinion, what you can do is to create an agreement (a lease agreement perhaps) with the owner? para may right ka dun sa area? the lease agreement should cover the entire property of the original owner, including the space where you built the shed.

     

    question though, wala bang garahe sa loob nung unit G where you can park? mas pwedeng icover yun ng lease agreement eh.

     

    May garage po sa unit G but half of it is being occupied by the owner's things.

     

    Sir, I don't understand. Kung wala kaming right sa property dahil verbal lang agreement namin ng owner ng unit G then mas walang right yung envious neighbor, hindi po ba? Dahil wala silang pahintulot sa owner. If so, then what happens kapag nadamage yung shed or the car due to their "carelessness"? I'm thinking that somehow they can be held liable because it's not their property also. So kung sakaling may ganon na nangyari, anong pwedeng gawin po?

×
×
  • Create New...