wildswans

Just a correction since, for some reason, I can no longer edit my post. I used the word "abandoned" which is wrong because the house is still owned by the owners (who asked us to parked there) but since they bought a new house they had to move and haven't visited the house for so long. Sorry for the mistake.

Hello Sirs, I have some questions. I live in a compound with other neighbors and we're all unrelated to each other. The compound has four units. My parent's car is park in the parking space of another neighbor's property and with their consent. Let's call it unit G. Actually, there's one time we removed the car but they ask us to park there again so that there will always be someone around their property. So we have parked there for several years as pakisama and utang na loob (the house has been abandoned so far).

Unfortunately, the neighbor beside them are envious and also, they don't want other people to pass on their property without realizing that they also passed on other people's property. (they should have bought a single house instead). Anyway, they would always make their dogs pee around my parent's car but they would constantly hose the parking space with water and the splashes of water from the ground easily makes my parent's car dirty. If they have to repair their home, they would let the workers stay on unit G's garage as "tambayan", they would put most of the construction materials especially cement and sand because they don't want their property to get dirty. Also, perhaps to intimidate us to stop parking there or our car will get dirty as they also mix cement on the garage. They will paint their roof without informing us to cover the car and etc.

I don't know what their problems are and it's not even their property. I got pissed so I built an enclosed shed for the car and this somehow pissed them even more. Yeah I should have built that shed years ago. Anyway, not surprisingly, they still continue to hose the floor with water perhaps to make the shed rust faster since I used galvanized sheets. During their house repair, they will cover the wall of our neighbor/friend with scrap sheet metal to protect it from the sparks generated when one of the workers are grinding steel bars. They let the worker face the shed while grinding so the sparks will bounce off of the wall of our shed.

I just let them be as long as the car is safe inside plus I know that they are doing those silly things because they are pissed. So my questions are, what if our shed gets damaged by their antics, do they have the right to argue that they shouldn't be held accountable because we are not supposed to park in that property (which is also not their property)? I asked that because one time I overheard the boss of the construction workers saying, "hindi naman dapat nanjan yan e" pertaining to our car. Also, if they would damage the shed, what can I do? What kind of case should i file?

Thanks for any advice.

that is the problem. you cannot force someone to be a witness if he does not want to.

pero baka pwedeng gawaan ng paraan ng pulis. lumalabas kasi pag vital witness tapos ayaw nya mag witness eh pwede syang maging accessory.

Thank you very much po for the info. Sa ngayon hindi ko na alam kung ano magiging decision ng parents ng cousin ko. I just found out from my aunt that her husband hates this child so much that he really wanted him dead. According to the mother, her husband locks up all the household food in the house. He will only provide small portions during every meal especially to the one who got killed. Pero kung meron naman instant noodles na nginatngat ng daga the father will prepare it for the deceased. This made my cousin so angry that he decided to fight with his father while his brother also hates the father but chose to keep quite thus earning the love of the father. Sometimes the father would tell the mother that he wanted to use his car and ran it over his son. There was an instance where the father asked his male house helpers to beat up his son to death. He even told his helpers "may basbas kayo sa akin para patayin yan". But his son survived the beating. The mother wasn't able to do anything but when father and son had a fist fight, she would shield his husband from getting hit.

We usually hear negative things about the deceased because his parents kept telling everyone that their son is a rebel and doesn't want to study. But during the wake, the other uncle told us that the deceased loves to study and he was the one accompanying him to enrollment. But the problem was, the parents always pay in installment basis because they are not well to do and when an examination is coming up the father will not pay for the tuition so that their son would fail the subject and drop out. The mother even told this uncle, perhaps jokingly, that since they are getting along well with her son then maybe he should just adopt the boy.

The narration of the mother, my aunt, earned the ire of everyone in the wake especially my elder cousins who scolded her that he sacrificed his son's life for her useless husband. She should have taken her children and leave the husband years earlier. But the mother keeps giving everyone alibis and what not. The brother of the deceased didn't even ask for a leave from work to help with the funeral. The family even chose to go home every night leaving no one in the chapel.

Also, we felt confused, angry and betrayed because the mother was giving us conflicting stories about incident. She claimed it happened at 7am but later said it was 12 noon. She claimed that the guard isn't being helpful and cooperative but last night the brother of the deceased told us, without his parents knowledge, that the guard already told them who the suspect was. So before my cousin passed away, they already know. The mother even called us to ask for monetary help but it seems she doesn't need money because she was telling us that she needed P150K to retrieve the body from the police. It turns out that my dad and this mother's cousin was a well known cop before so we advice her to call their cousin for help but she didn't. Good thing her cousin took the initiative to call his comrades since he's retired already and the price was lowered to P35k.

Everyone were asking someone they know about the legal matters regarding the situation but we found out from the other uncle that the brother of the deceased wanted the settlement money. According to my uncle, the brother kept pestering him for the suspect's number because he want to settle right away for fear that if they file charges they might not get anything. Every relative was pissed as hell about the situation because they are after the money than justice plus they see this as an opportunity to make money instead of mourning and seeking revenge/justice. But my uncle held his ground and never gave the brother the number. The uncle coordinated with his cousin cop and the cop advice them to file charges and just drop the case if they get settlement. The cop also knows a lawyer in PAO so they have no reason not to file charges anymore.

So now, it's their call. Nobody wanted to help with the legal matter anymore since the parents are dysfunctional plus they are after the money. Perhaps this is a blessing in disguise so to speak for the deceased since he will no longer feel the inhumane treatment of his father.

Thanks again, Sir.

^^ imho, filing a case in court is independent of the burial. if there are witnesses (the guard, etc.), then that would suffice plus the hospital report on the injuries that caused his death.

 

on your last question, going to court is a wise thing to do. not only the victims family is compensated civilly, but may criminal aspects eh (physical injuries resulting to homicide.). if the victim's family agreed to a settlement, then there would be injustice and the suspect will just laugh about it. kaya ba ng pamilya ng biktima yan?

 

yes, there would be costs, but the victim's family can seek assistance from PAO and some civicly affiliated lawyers.

 

my personaly opinion, go get a lawyer... approach PAO and ask assistance. file the case to the prosecutor using documents i stated above. alam ng abogado kung ano dapat gawin dyan.

Thanks for the help Sir.

I do have one more question. What if the guard refuse to be a witness? The guard gave a different statement when he was asked the 2nd time regarding who beat up my cousin.

Good day, Sir. I have some questions regarding my cousin. 4 days ago, my cousin had a confrontation with one of their neighbors at around 7am due to prior misunderstandings. The confrontation turned into a fist fight and my cousin fell on the ground. Instead of stopping, the guy hit my cousins head several times on the pavement before asking the security guard of their compound to accompany my cousin to his house. Unfortunately, nobody's home at that time - he was alone. When his brother came home around 5 - 6pm, he was wondering why all the lights were off. So he peek inside the bedroom and saw a figure on the bed and he thought his brother is just sleeping. He didn't turn on the bedroom light anymore. After that, the security guard approached the brother to tell him about the confrontation. He immediately called his mother about it. When they turned on the lights, they saw my cousin all bloodied with some gaping wounds on his head but was still breathing. They immediately called an ambulance but my cousin died around 4am.

The guard told my aunt that some guy beat him up but later on retracted his story and he just said that he heard from someone that my cousin was beaten up by some guy.

The body had been autopsied but the result are being withheld by the police until their demand of P150K is paid. This amount supposedly covered 100K for their "service fee" and the remaining will be given to their "affiliated" funeral parlor since the family of my cousin had already chosen a funeral parlor they prefer but the cop insisted and brought the body to the "affiliated" one.

Yesterday, another uncle of mine told us that the mother-in-law of the killer called him up and narrated what actually happened. According to my uncle, the woman wants to have an amicable settlement with my cousin's family. The woman and the killer are well to do while the family of my cousin are a little short on money.

Someone told my uncle that my aunt should not bury my cousin yet (burial is supposed to be tomorrow) because she need to file a case in court first and a police officer will go to the wake to check on the dead.

My questions are, is it true that my aunt shouldn't bury his son yet and instead go file a criminal case in court first? If, for example, she would agree on a settlement, should she file a criminal case first and have the guy arrested? Or can they just talk by themselves with their respective lawyers around? What would be the best thing to do in this kind of situation?

Lastly, if my aunt's family is not well to do while the other party are, does that mean filing a case and going to court is not a wise thing to do?

Thank you for any info.

May garage room ba ang Town & Country Sta Mesa? If so, how much ang rate for 3 hours. Thanks.

Good day Sirs! I have a question regarding our local labor law. Last year, when I filed a complaint against a company in NLRC the officer who's in charge of arbitration told me "ito ang appointment date mo. Kapag hindi sila sumipot kakasuhan natin sila". Does that mean that DOLE will file a case against the company on my behalf or does it mean that they will act as my lawyer? Do I have to spend on a lawyer in this kind of situation? I just want to have some information regarding the process to serve as a reference. Thank you for any info.

Good day. I have some questions regarding labor laws in our country.

1. If an individual is made to sign as an "Independent Service Provider" or Freelance and the agreement said that there's no employer-employee relationship, can a company demand the individual to work certain number of hours or days or should the individual be free to choose his/her specific hours/days of work? Also, is an "Independent Service Provider" entitled to government mandatory benefits like SSS and etc? If not, how about when the company is demanding certain hours/slots/days of work?

2. If a company has some unfair labor practices, can an individual relay it to DOLE thru email without having to file a formal complaint? So that DOLE can investigate the company as a whole and not just the individual complaint since it involves other people as well (but maybe they don't have the guts to file a complaint)?

Thank you in advance for any info.

1. a) Does the 3 illegitimate children have claims to his properties?

 

It depends. If the 3 children were recognized by their father as his children (in their birth certificates, he admitted that he was the father); or there is a notarized document signed by their late father admitting he is the father; or there is a handwritten document SIGNED by the father admitting he is their father, they can claim a share from his properties.

 

If they do not have this kind of documentary evidence (even DNA evidence is disallowed), they will not be allowed to claim a share from his properties (the law requires that for proof other than that listed above, you have to file while the alleged father is still alive).

 

If so, how much?

 

Assuming they fall have been recognized or have the required evidence to claim a share, they would be entitled to 1/2 of the properties of their late father (see Art. 198, Civil Code).

 

In all probability, the property in question is "absolute community" property, i.e. owned by both the husband and wife. Upon the husband's death, his share would be 1/2, and the wife would be entitled to the other half. The share of the husband would then belong to his heirs - his wife and illegitimate children. Accordingly, the wife would own 3/4 of the property (her 1/2 share plus the one-half she inherits from her husband); while the children would own 1/4 (the one-half share of the husband's 1/2).

 

 

c) Can they demand their share?

 

If they are recognized illegitimate children, they can demand their share. First, they demand for their share from the legal wife, if she refuses, they can file an action for partition or for settlement of estate of their late father.

 

 

2. a) Since there was no extra judicial settlement of estate filed in the Philippines or US, can the wife use a power of attorney from the US to sell the property to someone (if she can get an SPA in the US, for example) so that the wife can sign the deed of sale on behalf of his deceased husband?

 

She cannot! A power of attorney allows someone to act on behalf of another. If the principal is already dead, he cannot execute an SPA, nor can there be an SPA at all (how can a person be authorized by someone who is already dead?). A settlement of estate, or a judicial order is necessary for the disposition of the property.

 

Will the new owner be able to change the property to his/her name?

 

The "new owner" is NO OWNER AT ALL. As stated earlier, the SPA would be a void SPA, hence may not be used to sell the property. More, any sale by the wife alone would likewise be void, as she has not yet settled the estate of her deceased husband (see last portion, 2nd. paragraph, Art. 103 and 130, Family Code). Accordingly, any sale to the new owner would be void, and the property never becomes his.

Sir rocco69, thank you very much for the detailed explanation. I have a follow up question regarding SPA but please forgive me if it will sound dumb since I don't know the procedure of getting an SPA. What if the wife pay some lawyer whom she knows some money to secure an SPA or tell the lawyer that her husband is in another country, would that work?

Thank you in advance.

Good day po. I have some questions.

Let's say the guy died in the US but he has a property in Manila. He is dead for several years already. The guy had an affair(not married) with a woman and they have 3 children. The property is under his name but legal wife is renting it out. My questions are:

1. Does the 3 illegitimate children have claims to his properties? If so, how much? Can they demand their share?

2. Since there was no extra judicial settlement of estate filed in the Philippines or US, can the wife use a power of attorney from the US to sell the property to someone (if she can get an SPA in the US, for example) so that the wife can sign the deed of sale on behalf of his deceased husband? Will the new owner be able to change the property to his/her name?

Thank you in advance.

Good day MTC Lawyers, I have some questions. What if you build a closed shed for your car to park in to protect it from the weather then your neighbor is envious about it so they will spray water using a hose on any opening to make your car inside wet. The shed is not on their property at all. What kind of charges or complaint can you file against them? What kind of penalties will the charges have?

Thanks for any info.

Hi Sir. I have a question regarding heirs bond. BDO wants the heirs bond to be dated (take effect) approximately the same date as with the release date of the documents from the Registry of Deeds. In short, if I were to get an heirs bond and submit all the required documents to Registry of Deeds this week for the estate of my dad I would have to request that the heirs bond will have an effective date of 4 to 6 weeks from now. Is that ok or allowed? Is this practice common?

Thanks for any info.

nope.... but they can put you on floating status until the investigation or decision has been made, but it does not give the employer a reason or a right to hold the employee's salary or benefits.

 

but normally, based on experience, DOLE is more sympathetic with the employee compared with the employer.

Sir, I went to NLRC to file the complaint and they scheduled me on July 3 for the arbitration. Coincidentally, after a few days after I filed the complaint, the Operations Manager added me thru Skype. But he just greeted me and didn't brought up anything so I didn't asked him about my complaint because I was really waiting for the arbitration date since I lose trust in them already. Today, he asked me if I have pending/outstanding dispute so I told him yes and I also told him to check with his staff because I have been passed around for more than 2 months already so I decided to handle it by myself. He said he's going to check it with his staff and will get back at me. I strongly feel that NLRC has called them up already and maybe he didn't mention it to me anymore because of pride or strategy. So I have two questions (since he didn't bring up the NLRC complain):

1. What if they give me my money back before July 3 - do I call NLRC to inform them about the developments?

2. What will happen to the July 3 appointment if he will promise (again) that I would received the money together with my June 30th cut-off pay but I will only know if I received the money 5-10 days AFTER the cut-off? What's the best thing to do?

Thanks

Hi Sir. I have a quick question. If an employee files a complaint against his employer for unfair labor practices in DOLE, does the employer have the right to terminate the employee?

Thanks.

 

1. If the contract is printed and signed, it is binding.

2. Nope, its not possible. The operations and hiring of personnel is here in the Philippines so that the laws of the Philippines should apply.

3. If the contract is terminated but a certain condition states that it survives the termination of the contract, yes, it will still be valid.

4. DOLE should have jurisdiction on this.

Sir, just to confirm lang po about question 1, kahit na po walang nakalagay na statement "I agree to the above condition...." kundi pirma lang ay binding na po yung agreement?

Thanks in advance po.

Good day sir. I have some questions here regarding service agreement. Some background: The company originated from CHINA and has set up office here. It is registered with the SEC and it provides online work. They maintained that there's no employee/employer relationship so they refer them only as "Independent Service Provider" so they won't need to pay for social or Government benefits. My questions are:

1. They let people read the service agreement online and they make you fill up your name, address, date of birth and email address online to state that you have agreed to the condition. Is this binding? Also, they made a follow up by asking people to print the service agreement and signing them on each page. Is this binding?

2. They have a statement there that said, "This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without giving any effects to any conflicts of law provisions. Any dispute on the interpretation, execution, or termination of this Agreement shall be under the exclusive jurisdiction of Hong Kong authorities and courts." Does it mean that the Philippines has no jurisdiction here? Note: As mentioned, the company originated in China but they claimed that they had move their office to Hong Kong.

3. When an Agreement states that certain condition survives the termination of the Agreement, is it really still valid even when the contract is already terminated?

4. Will our DOLE have jurisdiction on this company regarding labor issues? Let say, if the company fails to give back the portion of waived penalties to the service provider for whatever reason there is and doesn't give explanations as to what's going on, instead, the he/she is just passed on to different departments. It seems the local admin has a habit of making money off of the independent service provider.

Any advice/info will be appreciated.

Is it normal for a company to collect 10%, supposedly as tax every payday even if they have an agreement with the employee that the company and the employee have no employee-employer relationship? They just treat their employees as Service Providers and they ask them to sign the BIR Form 2307. Is that legal?

I need some advice. Is there a government agency here where people can file a complaint against a company from China who have Offices here and hires people for online work? Let's say for not giving incentives as promised or not waiving penalties even if proof has already been presented. The people who handles the Manila office are locals and they are not doing their job well. Is it possible to file such complaints?

Is it normal for a company to collect 10%, supposedly as tax every payday even if they have an agreement with the employee that the company and the employee have no employee-employer relationship? They just treat their employees as Service Providers and they ask them to sign the BIR Form 2307. Is that legal?

Good day Sir. I have a question regarding Extra Judicial Settlement. If I were to get a Certificate of Deposit from a Bank for BIR regarding my deceased father's SSS savings account, is it normal that the certificate is sealed even if I have the passbook of my father and they also let me signed as receive what I think is the same document inside the envelope? Why does it need to be sealed? Thank you for any info.

The Care, The Wild Swans, Pale Fountain, The Church and many more.

Sir, let's say, my parents decided to sell the condominium unit that they rent out for investment. Is it under the law that they should first ask the tenant renting the place if they would be interested in buying the property or not before selling it to others? If so, should it be done in writing? Thanks in advance.

Sir, let's say, my parents decided to sell the condominium unit that they rent out for investment. Is it under the law that they should first ask the tenant renting the place if they would be interested in buying the property or not before selling it to others? If so, should it be done in writing? Thanks in advance.

Thanks for all comments and advise. I really appreciate it. To JT Blackknight, I guess you hit the nail on the head!

Here's what happened:

We went out today at nagsimba since nung Wednesday pa siya nagyaya to go to church. After church, ayaw niyang mag mall kasi lagi na daw kami nagmall at gusto niya magmerienda then uwi na daw coz di daw siya nagpaalam at gusto niya magusap kami. I sensed something's wrong kaya kinulit ko siya konti until nag open up siya regarding what her colleagues said about, bakit di namin napaguusapan kung mga personal matters among ourselves like naka ilan gf na ako at naka ilan bf na siya. It turns out wala pa siya naging bf. She also opened up to me na hindi pa siya ready sa commmitment and is actually afraid of it pa which made thought initially that she's turning me down na. Yun pala she's worried na baka kasal na agad gusto ko so I reassured her that we will still go along the process of nurturing the relationship, if ever, until she's ready or both of us are ready to tie the knot. Naginhawaan siya sa sinabi ko. After that, nagbanggit ako kung ok lang ba ituloy ko panliligaw ko and she blurted out "nanliligaw ka ba?" so I said yes. Then I asked kung pwede ba namin icontinue what we have started and also kung pwede ko siyang ligawan and she said yes. I then muster the guts and ask kung may pagasa ako, she said yes..meron. I didn't ask her about age issues anymore since sinagot na niya na may pag asa ako.

She gave me a birthday gift pa nga e - a belated one. What made the gift special was the effort behind it because it consisted of different items like humor cards, 3 kinds of sweet candies, a tshirt with a cute message and a pringle. Aside from those, she put post-it on each item with a sweet message handwritten by her. I really appreciated the gift very much.

Sana magtuloy tuloy na ito.

If you are exactly how you wrote, you'd seem too predictable and she must have realized the generation gap. Few things to consider: 1.Women love the mystery,the feeling of uncertaity yung tipong alam namin na gusto mo kami pero wag mo i detalye masyado. May guy na nagsabi sa akin nun na ang saya saya nya na magkasama kami blah blah blah,don't get me wrong I like this guy pero di ko naman gusto malaman na kinikilig sya pag kausap ako. 2.Don't overanalyze this age,date sched and replies to your text. Kung may issue sya sa age di sya sasama syo in the 1st place,ung sched ng date,minsan talaga, issue ang time,effort to dress up at pagod pwede din na may iba pa syang suitor. Txt? utang na loob naman kung may pangtawag ka mas ok ang flow ng conversation kung calls. 3. Magpamiss ka naman kuya, or hatid mo pauwi everyday di pwdeng pag dates lang. Tutal old school naman kyo dumalaw ka sa bahay ng ma meet mo parents. * At your age ang duda ng lahat malamang married ka na. Medyo lame din na paulit ulit mo sinabi na nagagandahan ka sa kanya Goodluck sayo kuya

Thanks sa insights. Actually I'd like to call her pero I don't think she appreciates it and yes I've tried. Parehas kayo ng sinabi ng ibang female friends ko, na hindi na siya sumasama kapag may problem siya sa age ko pero alam mo, I really feel may problem siya sa age ko e. Let's put it this way, siguro she see something in me pero may pag aalinlangan pa siya sa age ko. I know a lot of people here are saying, age doesn't matter nowadays and believe me I think so too pero I really think it's bothering her. Base sa FB post found in her wall, there is something bothering her that she has to seek advice from her BFF. This post happened AFTER nagtapat ako and nkwento rin niya sa akin that she talked to her BFF for 3 hours thru skype and guess what, after that naging cold siya sa akin at kapag niyaya ko ay ayaw niya instead next week nalang daw. 2nd time, same scenario. 3rd time, which is just this past sunday, nagulat ako kung bakit cold siya at deadma niya ako totally, guess what, kausap pala niya earlier BFF niya tapos hirap na rin siya ayain ngayon after niya makausap BFF niya. I dont think these are coincidences at kung hindi ako problem niya then bakit ako yung nababalingan diba so tingin ko talaga may problem siya sa akin. So for me, wala naman akong nakitang pwede maging problem kaya ang educated guess ko talaga ay age gap namin. Ang tanong, is it ok to ask her if my age bothers her?

Lastly, I know about the hatid after work at hindi lang sa date but the problem is her and NOT me. Ilan beses ko na siyang inooffer ihatid pauwi whether wala lang, masama panahon or gagabihin siya from OT pero never, not even once ay pumayag siya. Believe me, natutuliro na ako coz alam ko naman mga dapat kong gawin pero sa ngayon hanggang labas lang ang payag siya, other than that wala na.