rocco69

Yung pagkakarun ng anak ng babae sa iba ay hindi ground for annulment of marriage.

pero, maaari itong gawing basehan para sabihin na "psychologically incapacitated" si babae. Bale, psychological incapacity ang basehan pra ipa-deklara ang kasal na walang bisa (kailangan mo ng psychologist o psychiatrist na mag-uugnay ng pagkakaroon ng iba ni babae sa isang psychological disorder).

Pwede ba gawing ground for annulment pag nag ka anak na yung babae sa ibang lalake?

Yung hindi lang pagsasama ng sampung taon ay hindi ground for nullity of marriage (hindi talaga ito ground for annulment).

pero, maaari itong gawing basehan para sabihin na "psychologically incapacitated" ang isa sa kanila (o sila pareho). Bale, psychological incapacity ang basehan para ipa-deklara ang kasal na walang bisa (kailangan mo ng psychologist o psychiatrist na mag-uugnay ng di nila pagsasama sa isang psychological disorder).

if a married couple does not cohabitates with each other for 10 years does this ground for annulment or void of marriage?

would it be possible and would it be legal and binding if we all execute another agreement on how we will share the proceed of the sale?

yup, that would be OK.

Thanks so much.

 

Last followup.

 

Provided that we all execute an extra judicial settlement in the name of wife #1, would it be possible and would it be legal and binding if we all execute another agreement on how we will share the proceed of the sale? Like a statement saying that the proceed of the sale will go to the following? 1/4 to kid #1 , 1/4 to kid #2 so on and so forth? Just to pacify everybody? Lets just say that there is an uneasy trust among the players involved and its not absolute. Because as I see it, after we sign over the property to wife #1 via the extra judicial settlement she basically has full control of it right?

 

 

So sorry for all these questions...

1. The way I see it, ang pinakamadali (pero ito ay kung may tiwala kayong lahat sa isa't-isa), you all agree in the Extrajudicial Settlement that the property will be owned by Wife #1, i.e. in the Extrajudicial Settlement all the heirs agree that the property will belong to wife #1 and the rest waive their shares in her favor.

Then wife#1 executes a Special Power of Attorney in your favor, authorizing you to sell the property and to receive the proceeds of the sale.

After you sell, then you divide the proceeds of the sale among yourselves, in whatever proportion you have agreed upon.

2. would it be better if I have the extra judicial settlement done locally then I will send it to them and have them sign it then they have to have it notarized by the Philippine consulate wherever they are? tama po ba ang intindi ko?

If Wife#1 and Kid1 and Kid2 are in the same foreign country, mas maganda siguro na you make the extrajudicial settlement (WHEREIN ALL THE HEIRS, TO INCLUDE YOU AND YOUR SIS ARE LISTED) here, and then you just email the document to them (isabay mo na yung SPA na gagawin ni Wife #1 authorizing you to sell the property). I-printout nila dun, then they have it notarized there (the Extrajudicial Settlement and the SPA) before the Phil. consulate. Pag notarized na ng Phil. consulate [ito na yung may red ribbon at gold seal], ipadala nila sa iyo thru FedEx yung papers. Dito naman sa Pilipinas, you and your sis execute another document wherein you and your sis acknowledge, confirm, and agree to the Extrajudicial Settlement signed by Wife#1 and Kid1 and Kid2 (kaya importante na nakalista rin kayo sa pipirmahan nilang Extrajudicial Settlement as heirs of your late dad). Lalabas na magkasama yung Extrajudicial Settlement at yung Acknowledgment Agreement niyo ng sis mo.

3. lastly, what are the supporting documents needed for an extra judicial settlement.

basically, just the Death Certificate of your late dad.

Note, however, that for the effectivity of the “Extrajudicial Settlement of Estate”, the fact of the same will have to be published once a week for 3 consecutive weeks in a newspaper of general circulation in the city/province where your dad last resided before his death. This is just a small notice, you’ve probably seen one in the classified ads section of the newspaper, along the lines of

“LEGAL NOTICE

This is to inform the public that

the estate of so-and-so has been

extrajudicially settled among his

heirs as per an Extra-judicial

Settlement of Estate executed

before Notary Public so-and-so,

Document No.__, Page No.__,

Book No.__, Series of 2014.”

After publication, the publisher will execute an affidavit of publication, stating that the settlement was published once a week for 3 consecutive weeks in their newspaper/tabloid. You will be using this affidavit, as well as the three actual newspapers/tabloids themselves.

4. Tax Implications

For the privilege of passing on property to the heirs, the Phil. govt. imposes an estate tax.

Note that you have to pay the tax within 6 mos. from death of the registered owner, otherwise, you automatically get a 25% penalty; PLUS the tax due earns interest at 20% per annum. Kaya kailangan maayos agad ito, para di na tumaas ang bayaring buwis.

Hope this helps.

. How can we go about the sale of the property since my dad and my mom's marriage certificate is needed to prove that we are his children?

 

You don't actually need the marriage certificate. What you need is an "EXTRAJUDICIAL SETTLEMENT OF ESTATE" where you and the other heirs divide the property between yourselves. With the Extrajudicial Settlement, that will be proof that you are the new owners of the property. Your problem, really, is how to go about executing the Extrajudicial Settlement since the other signatories (wife #1 and Kid1 and Kid2) are abroad. The document will have to be notarized by the Phil. consul in the country where they are. Matagal na proseso ito dahil they either go to the consul (mabuti kung malapit sila sa consulate, kung sa ibang city ito located, problema), or they have the document notarized before a local notary and then mail the notarized document to the consulate.

 

 

THANKS SO MUCH for the answers.

 

nagkakaliwanag na ang problema ko.

 

 

with regards to point number 2, would it be better if I have the extra judicial settlement done locally then I will send it to them and have them sign it then they have to have it notarized by the Philippine consulate wherever they are? tama po ba ang intindi ko?

 

secondly, wife number 1 is talking about a sworn statement which basically is a written document signed and notarized by the philippine consulate in their country, and they are asking me to execute one also. would this be of any use? or we would all be better off just doing the extra judicial settlement?

 

lastly, what are the supporting documents needed for an extra judicial settlement.

 

 

sorry for all the questions.

 

thanks so much bro.

1. Who owns the property?

Since the property is in the name of your dad and wife #1 (actually, the ONLY wife, as it appears that your dad and your mom are not actually married to each other), they own the property 50-50.

[ASSUMING THAT THE PARCEL OF LAND IS THE ONLY PROPERTY LEFT BY YOUR DAD]

With the death of your dad, his 50% share goes to his heirs.

Who are his heirs?

Wife #1; their 2 kids (let's call them Kid1 and Kid2); and you and your sis.

How much are the shares of the heirs?

Legitimate children get 1/2 OF THE SHARE of your dad. Since there are two of them, they divide the 1/2 equally between them, so:

Kid1 gets 1/4

Kid2 gets 1/4

Wife #1 gets the same share as that of each legitimate child, so she also gets 1/4

Illegitimate children get half the share of a legitimate child, so you and your sis get 1/8 each (which is 1/2 of 1/4).

In total, for the ENTIRE PROPERTY, it is going to be owned in the following proportions:

Wife #1 owns 5/8 of the entire property (her 1/2 share plus her 1/4 share in the half belonging to your late dad)

Kid1 owns 1/8 (1/4 of 1/2 is equal to 1/8)

Kid2 owns 1/8 (1/4 of 1/2 is equal to 1/8)

You own 1/16

Your sis owns 1/16

2. How can we go about the sale of the property since my dad and my mom's marriage certificate is needed to prove that we are his children?

You don't actually need the marriage certificate. What you need is an "EXTRAJUDICIAL SETTLEMENT OF ESTATE" where you and the other heirs divide the property between yourselves. With the Extrajudicial Settlement, that will be proof that you are the new owners of the property. Your problem, really, is how to go about executing the Extrajudicial Settlement since the other signatories (wife #1 and Kid1 and Kid2) are abroad. The document will have to be notarized by the Phil. consul in the country where they are. Matagal na proseso ito dahil they either go to the consul (mabuti kung malapit sila sa consulate, kung sa ibang city ito located, problema), or they have the document notarized before a local notary and then mail the notarized document to the consulate.

3. What do I do with my sister's birth certificate?

You can try to have this corrected through administrative proceedings (on the claim that there was a typographical error) at the local civil registrar where the certificate is registered. magtanong ka dun. problema lang, baka kasi i-require ka na magfile ng petition sa court kasi parang magbabago ang status ng kapatid mo, baka di pumayag ang civil registrar na ito ay i-consider na typographical error lang. Pero, no harm in trying.

4. in this situation what is the easiest and fastest way to transact the sale?

problema mo kasi, patay na yung isang registered owner. hahanapan ka talaga ng proof ng buyer kung sino ang nagmana ng share ng deceased owner, which proof is the extrajudicial settlement.

5. Would it be possible to allow the sale of the property done exclusively by wife #1 and just not declare us?

nope. since the property is registered in the name of your dad and wife #1, ano ang karapatan niya to sell ALONE. Kung ikaw buyer at nakita mo yung property ay registered in the name of X and Y, tapos si Y lang ang nagbebenta, bibilhin mo ba yung property? Ano ang kasiguraduhan mo na hindi aalma si X pag nalaman niya na ibenenta yung buong property solely by Y.

Ang usual na kalokohan na nangyayari sa ganyan ay pinepeke ang pirma ni X. mahirap ang ganyan at pag may nagreklamo, falsification of public document ang maaari mong kaharapin.

Hope this answers some of your questions.

Hope someone can enlighten me on this.

 

Last year my dad passed away and he left a parcel of land that he was planning to sell prior to his passing away.

 

So when he passed away i found out several things that is causing me some concerns.

 

1. The title of the property is in his name AND to his wife #1 who is living in a different country with a foreign citizenship already.

 

2. I am a product of wife # 2 who is also deceased.

 

3. My dad had 2 kids with wife # 1 and another 2 with wife no 2, me and my sis.

 

4. Me and wife # 1 agreed to sell the property and equally divide the proceeds among the 4 offspring 2 of whom are abroad and of foreign citizenship already.

 

5. i found out that my dad and my mom, wife # 2, were not married or do not have a marriage contract according to the NSO BUT me and my sis birth certificat states that my mom and dad were married.

 

6. The name of my dad in my sis birth certificate is his nickname and not his actual name, differing from the name listed in the land title

 

 

Now my question are the following:

 

1. How can we go about the sale of the property since my dad and my mom's marrage certificate is needed to prove that we are his children?

 

2. What do I do with my sister's birth certificate ?

 

Also, in this situation what is the easiest and fastest way to transact the sale?

 

Would it be possible to allow the sale of the property done exclusivelyby wife #1 and just not declare us?

 

Thanks

1. what possible cases can be filed against my friend?

all kinds of cases can be filed against your friend. it just depends on the creativity of the complainant. E.g. she can file a case of attempted murder against your friend; or grave threats; or theft. As I said, it depends on the complainant.

The question though, would be, will any of these cases prosper? Which is doubtful if she has no evidence to support her claims. But, as I said, if she wants to harass your friend, she can file any kind of case she wants (and maybe, fabricate evidence to support her allegations)

2. secondly, does concubinage apply here?

Concubinage is committed by any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place (Article 334 of the Revised Penal Code or RPC).

From the looks of it, a charge of concubinage will not prosper against your friend.

3. can my friend file a suit against the ex wife?

what has she done to your friend? from your narrative, the wife has done nothing. The cases the wife filed was against the husband, not your friend, so I don't think your friend has a cause of action against the wife (NOTE: Since they are still Filipinos, the divorce is ineffective, and you cannot call her the EX-WIFE. She remains THE WIFE).

Ngunit, subalit, datapwat... to paraphrase Answer #1: all kinds of cases can be filed by your friend against the wife. it just depends on her creativity. E.g. she can file a case of attempted murder against the wife; or grave threats; or theft. As I said, it depends on the complainant.

The question though, would be, will any of these cases prosper? Which is doubtful if she has no evidence to support her claims. But, as I said, if she wants to harass the wife, your friend can file any kind of case she wants (and maybe, fabricate evidence to support her allegations)

4. how best can she protect herself? get the man to change his citizenship ASAP. If he becomes a foreigner, the divorce becomes effective as to the husband. If that happens, the wife would really become the EX-WIFE and would have no claim against the man on the basis of their marriage.

I am writing for an on behalf of a friend...

 

her story starts by falling in love with a married filipino man who resides overseas. the man said he has divorced his wife in Canada, but they had their marriage solemnized in the Phils... they are both Filipinos but are having their citizenship changed...

 

now, my friend bore the man's child... he has denied paternity over the child repeatedly... he was sued by his ex wife for RA 9262, which was dismissed at the prosecutorial level...

 

the man comes to the Phils once a year... stays three weeks and returns overseas... the ex plans to sue my friend and the man should he acknowledge the child...

 

so the question is... what possible cases can be filed against my friend? secondly, does concubinage apply here?

 

can my friend file a suit against the ex wife? how best can she protect herself?

 

will await your learned opinions...

 

 

thanks.

where is your friend living? Phils or abroad?

where did she have sex with the man? Phils or abroad?

where did she give birth to the child? Phils or abroad?

where is the child now? Phils or abroad?

where is the ex-wife living? Phils or abroad?

I am writing for an on behalf of a friend...

 

her story starts by falling in love with a married filipino man who resides overseas. the man said he has divorced his wife in Canada, but they had their marriage solemnized in the Phils... they are both Filipinos but are having their citizenship changed...

 

now, my friend bore the man's child... he has denied paternity over the child repeatedly... he was sued by his ex wife for RA 9262, which was dismissed at the prosecutorial level...

 

the man comes to the Phils once a year... stays three weeks and returns overseas... the ex plans to sue my friend and the man should he acknowledge the child...

 

so the question is... what possible cases can be filed against my friend? secondly, does concubinage apply here?

 

can my friend file a suit against the ex wife? how best can she protect herself?

 

will await your learned opinions...

 

 

thanks.

pwede ko po ba ito idemanda kaso di ko alam kung nasaan sya?

pwede, pero ano ang gamit. di mo nga makita, manalo ka man, paano ka kokolekta. alamin mo muna kung nasaan siya.

Pangalawa, alamin mo kung me ari-arian yan. nanalo ka nga, kung wala ka rin namang makukuhang ari-arian para ibayad sa utang sa iyo, ala rin gamit.

Pangatlo, alalahanin mo na gagastos ka rin sa kaso, tapos matagal din ang kasuhan. justified ba ang gagastusin mo (sa pera at panahon) para sa P190T. cost-benefit analysis baga.

Hello Sir/Maam, ask ko po sana kung ano habol ko sa situation ko. meron kasing taong may utang sakin na almost 190,000 pesos. ngayon po wala na sya sa bahay na nire-rent nya na tinirahan nila ng more than 10yrs pati anak nya kasama nya. sabi sabi nasa probinsya na raw nagtago. unattended na mga cellphone number nya pati nga po facebook nila deactivated na rin. yung utang po nya inutang ko rin halos lahat yun. pwede ko po ba ito idemanda kaso di ko alam kung nasaan sya? thanks po.

Malabo yang gusto mo.

Ang pakikipag-sex ng isang babae sa hindi nya asawa ay adultery sa ilalim ng batas ng Pilipinas.

NGUNIT, SUBALIT, DATAPWAT...

Ang batas ng Pilipinas ay na ipapatupad lamang, sa pangkalahatan, sa teritoryo ng Pilipinas. Dahil ang pakikipagsex ng asawa mo ay sa abroad (ayon sa iyo, nasa abroad siya at nahuli mo siya, so I am assuming na sa abroad niya ito ginawa), ito ay hindi pwedeng isakdal sa Pilipinas. Sa madaling salita, walang kasong kriminal na maisasampa dito.

Ngayon, kung ang adultery ay krimen din sa bansa kung nasaan siya, at kung may extradition treaty tayo sa bansa na yun, mas malamang sa hindi, hindi kasama ang adultery sa mga krimen na pwede ang extradition. Kaya, hindi mo rin mahihingi ang pagpapabalik ng asawa mo dito sa atin.

Ang deportation naman ay nasa dixcretion ng bansa kung nasaan siya. Kung gusto mo, sumulat ka sa immigration authorities ng bansa kung nasaan siya, at subukan mong magrequest sa kanila na siya ay ideport (suntok sa buwan nga lang ito, pero malay mo).

Hello po. I need your advice. Pano po I process sa dfa. Pag ganito ang case. Nasa abroad wife ko.. nahuli ko xha nakikipag sex sa iba. Meron ako evidence video pictures.and sa tingin ko malakas evidence ko.. gusto ko xha ipa deport. Anyone can help me?

It is going to be a matter of evidence. If the relatives can prove that they are partners in the business, rather than mere employees, they would be entitled to a share. Mahihirapan nga lang silang patunayan ito dahil, ayon sa iyo, wala namang papers na pinirmahan, pagkatapos tumatanggap sila ng compensation. Ang partner ay tumatanggap ng share ng profits, hindi ng sweldo (unless he is paid additional compensation, aside from the profits).

Thank u very much sir rocco69 for the reply. Another question please, we have this one property (income generating business), our family as in the immediate family owns wherein when it was first put up, some relatives contributed a small amount (no papers signed), can they too have a claim in it? It's just so hard for us because even up to now, some of the relatives actively participates in the business as either line or staff personnel who sre also compensated and we dnt knw if we have a fight against them if in court they will say that they too have a share in the property. Sorry for the ignorance sir.

it becomes a matter of credibility, if it becomes a he said-she said situation. Kung sino ang mas kapani-paniwala will prevail (in a civil case). Kung criminal case, mas mahirap para sa accuser pag ganun kasi "proof beyond reasonable doubt" ang kailangan. Just present your evidence (and witnesses kung meron) if ever it gets to court.

atty. how can I defend myself if and when the case is filed in court...is saying P.I. enough grounds to prosper in court even though it would come out as a he said-she said accusation?

1. They say that what my parents own belong mostly to my father because he's the breadwinner. Is there a possibility that what they claim is true and that after the annulment nothing will go to my mom?

I'd say the possibility is remote. If your parents got married after Aug 1988 (ibig sabihin Family Code na ang effective) at kung wala naman silang pre-nuptial agreement (which is usually the case 99.9% of the time), kapag na-declare na null and void ang kasal nila (I don't think they're getting an annulment, but rather a declaration of nullity of marriage, and most probably on the basis of psychological incapacity), Art. 147 ng Family Code ang iiral. Which would mean 50/50 ang hatian nila sa properties. This is the most likely scenario that will take place.

In fact, even if they got married before Aug 1988, it would still be the same scenario (so long as wala silang pre-nuptial agreement, Art. 147 pa rin at 50/50 pa rin ang hatian.

Good pm sir and ma'am. My parents are planning to have an annulment. Being adult children already, together with my siblings, we somehow support the idea since so many heartaches were experienced and i guess i have just to accept that there could be no perfect marriages. One of the problems i see is that the siblings of one of my parents really love to intervene with our family matters. Since my mother just stays at home to take care of us when we were still kids.,They say that what my parents own belong mostly to my father because he's the breadwinner. Is there a pssibility that what they claim is true and that after the annulment nothing will go to my mom? Thank you.

To the mods, if this is not within this thread, kindly delete, my apologies

yes

hello atty

 

aside from terminating an employee..can a manager file a case in court by accusing his subordinate of saying p.i. at him?

it depends on the wording of the Decision. you need to look at the Decision.

Don't worry though, di mo pa makukuha yan, at siguradong iaapela yan sa Supreme Court at malaking halaga ang involved, mga ilang taon pa ulit yan.

Good day, ask ko lang about the article below, this was filed by unionized employees and retirees, kasama ba sa ruling ang mga non-unionized employees at retirees na hindi nag-file? Thanks.

 

 

 

CA affirms Coke workers’ bonus claims

 

THE Court of Appeals (CA) has ruled that the practice of giving yearly bonuses to employees, aside from their 13th-month pay, can no longer be withdrawn once it has ripened into a “company practice.”

 

Thus, the appellate court denied the petition filed by Coca-Cola Bottlers Philippines Inc. (CCBPI) seeking to reverse the decision issued by the National Labor Relations Commission (NLRC), which upheld the claim of its regular rank-and-file employees for the payment of their bonuses equivalent to their monthly pay from 2008 to 2010.

ang 1/2 month salary for every year of service ay para sa:

i. retrenchment to prevent losses

ii. closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses

iii. an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees

ang bayad ay one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher.

It ay alinsunod sa Art. 283 at 284 ng Labor Code na nagsasabi:

Art. 283. Closure of establishment and reduction of personnel. The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

Art. 284. Disease as ground for termination. An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

2. May mga options kaya?

wag siya magresign, hintay siya tanggalin siya or offeran siya ng magandang severance package

itong mga ganitong offer po ba, 1 month salary x length of service po ba ang katumbas or half month lang po? ang mga naririnig ko po kc ay half month lang daw po, tia

1. may habol ba as regular employee?

kug nagresign siya, wala

2. May mga options kaya?

wag siya magresign, hintay siya tanggalin siya or offeran siya ng magandang severance package

If a sales man working about 5-6 years and a regular employee tas dumating na yung twilight of sales performance and the management decided to let her/him go by means of resignation, may habol ba as regular employee?

 

May mga options kaya?

 

TIA

1. what or who could initiate the action needed to protect said funds?

this is a matter internal to the union. you have to look at the Constitution and By-laws of the union as to what needs to be done on this matter. if all these fail, that is the time you can go to DOLE's Bureau of Labor Relations.

2. if the company declares a lockout, does these mean it will ceased to operate?

yung lockout, parang strike din, yun nga lang yung kumpanya ang may kagagawan. walang trabaho ang mga taga-unyon, pero tuloy ang operasyon (mga hindi miyembro ng unyon ang tuloy ang trabaho). as you said, "company continue to operate with contractual and agency workers as workforce".

3. kung hindi pala magkaroon ng panibagong official ang union sa pagtatapos ng termino ng mga dating opisyal..maari bang madisolve ang union o di ito kilalanin ng kumpanya(dahil walang lider)?

hindi madidissolve ang union dahil lang wala pang officials; pero may basehan ang kumpanya na di makipag-negotiate hanggang walang opisyal ang union.

thank you sir rocco..a lot had happen since i post this question...the federation where the union belongs refuse to call for an election for a new set of officials .maybe in sympathy of the terminated ones,,or even direct/appoint an ad hoc committe to bargain with the company in relation to the cba nego..the federation wanted the company to first returned the terminated official before sitting for negotiation..the thing is the terminated officials term of office is set to expire come september 2014..another thing these former official still continue to have access to the union funds because they hold the passbook and are still the signatories of the account..what or who could initiate the action needed to protect said funds...if the company declares a lockout.does these mean it will ceased to operate?removed all employees whether regular.contractuals and agency worker?or just the regular employees be affected by the declaration of lockout and company continue to operate with contractual and agency workers as workforce(if ever lang naman)..salamat sa pagsagot at pagbibigay ng panahon.....at kung hindi pala magkaroon ng panibagong official ang union sa pagtatapos ng termino ng mga dating opisyal..maari bang madisolve ang union o di ito kilalanin ng kumpanya(dahil walang lider)

1. Does the company have a basis for terminating said officials?

Yes. Ikaw na rin nagsabi - "some union official indeed talk to its members asking or in a indirect manner telling the member not to report for work that day(april 9)."

2. Was due process observed or followed in the termination procedure?

Ikaw ulit nagsabi - "next day the management issued ES or explanation slip to those employees asking for their reason... Come May 5, management terminates union officials on the grounds of illegal strike. The termination was effective on the very same day."

Assuming that the union officials were also given their explanation slips, that would mean the two-notice requirement was followed (una, notice to explain; pangalawa, notice of termination after either finding the explanation insufficient/unsatisfactory, or because no explanation was submitted). tingnan mo rin yung existing CBA kung ano ang nakalagay na procedure for terminating an employee (dapat nasunod din yun). Pero, offhand, I would say due process was followed.

3. Will this affect the existence of the union? The current CBA negotiation?

Yes to both questions. Sa mata ng company, tanggal na yung current union officials. For the CBA negotiations, you need new ones (or ad hoc ones) as the company will surely refuse to negotiate with the officials on the ground that they are no longer employees.

4. Am I correct in assuming.. [that] since the officials were terminated... they can no longer be considered members and officials of the union?

Sa ilalim ng Art. 264 ng Labor Code: "Any Union officer who knowingly participates in an illegal strike and any worker or Union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status."

I would say that the removal of union officials was valid, there being no ground to induce workers not to go to work on April 9 (on-going CBA negotiations are not a ground for not reporting to work). Of course, walang pumipigil sa unyon sa pagfa-file ng kaso sa labor questioning the removal of union officials (although mahihirapan silang manalo).

Kung valid ang removal, entonces, di na sila empleyado. Sa ilalim ng implementing rules, kailangang ermpleyado ang union official, kung di na sila empleyado dahil tinanggal na sila... [ikaw na mag-isip]

5. Should they still be followed by the union members?

Nasa mga empleyado yan, but see answer to #4.

NOTE: Di natin alam, from your query, kung may ibang factors/circumstances leading the union officials to induce the non-reporting for work of majority of the union members. Ultimately, the union and/or the employees needs to consult a lawyer AND lay before him all the facts surrounding the dispute; and they need to do that ASAP before considering their present/future courses of action. Whatever you get here is for general information purposes only, and any reliance you place on such information is therefore strictly at your own risk.

hi good am...the company terminated our union officials(we are under CBA nego)because of article 282 of labor code as basis..illegal strike...here is what happened..last april 9,,90% of the regular employees who are union members did not report for work even though the management have in many instances informed the employees that they are being required to work on that day..all premiums as mandated by law is to be given and cited ART..94 of labor code as basis...in reality some union official indeed talk to its members asking or in a indirect manner telling the member not to report for work that day(april 9) and in the coming holidays(april 17/19) citing that we are in the process of cba nego and that we must show unity..like i mentioned above,come april 9,90% of workers did not report for work,,next day he management issued ES or explanation slip to those employees asking for their reason,,union official initially told members to right under protest on their ES,after some time asked the members to give them their ES so that its the union officials that will answer,but then again after some time officials return said ES to members advising them to just give the real reason for not reporting to work on the said date. Come April 17 and 19, 75% of employees still did not report for work. Come May 5, management terminates union officials on the grounds of illegal strike. The termination was effective on the very same day.

 

Questions:

1. Does the company have a basis for terminating said officials?

2. Was due process observed or followed in the termination procedure?

3. Will this affect the existence of the union? The current CBA negotiation?

 

Technically I assume that since the officials were terminated and can be considered as no longer employees of the company, therefore they can no longer be considered members and officials of the union. Am I correct in assuming this? Right now these terminated officials continue to orchestrate and give instructions to members regarding activities and mobilizations. Should they still be followed by the union members? The terminated officials whose term of office will end this September still did not file a case against the company to the Department of Labor.

1. what do you mean by employee's fault

kasalanan ng empleyado, e.g. nagnakaw siya sa kumpanya kaya siya tinanggal; o di-kaya'y pabaya siya sa trabaho; laging absent ng walang dahilan; pagpasok ng lasing o naka-droga. kapag kasalanan ng empleyado kaya siya tinatanggal, wala siyang karapatan sa separation pay. pero kung hindi niya kasalanan, e.g. inilipat sa agency ang pwesto niya; o nalulugi ang kumpanya; o nagsara ng branch at di siya mailipat sa ibang pwesto; o makina na ang gumawa ng trabaho niya; o sobra na ng tao, kung kaya't siya ay tinatanggal, kailangan bayaran siya ng separation pay.

2. may mga kasamahan kami before na-early retire at the age of 50, illegal po ba ito?

kung pumayag ang empleyado, hindi ito illegal, pumayag siya eh. pero kung hindi naman nakasaad yung early retirement sa kontrata niya (o sa CBA kung may unyon) hindi siya pwedeng pilitin kung ayaw niya, bawal ito, kasi ang compulsory retirement natin ay 65.

3. marami pong kapabayaan ng company namin,, sino po ba ang da best na lapitan para maireklamo ang kumpanya namin?

para sa SSS, eh di sa SSS kayo pumunta. mayron namang programa dun para anonymous at di makilala yung nagrereklamong empleyado.

yung sa housing, sa PAG-IBIG naman.

sa ibang benefits, punta ka sa DOLE.

sir, what do you mean by employee's fault, ito po ba yung tinerminate ang isang empleyado dahil sa bad record nya on his performance and attemdamce. pag ganito po ba wala syang makukuhang separatin pay?

 

may mga kasamahan kami before na na-early retire at the age of 50, illegal po ba ito?

 

marami pong kapabayaan ng company namin, di pagbabayad ng contributions namin sa sss at pag ibig pero regular kaming kinakaltasan, pati na rin sa sss loans namin kaya di kami ulit maka-loan, kapalpakan sa housing program na pina-reloan daw ulit sa bangko dahil daw nagka-arrears sila, dinig namin ay ganun din sa tax namin na regular na kinakaltas sa amin pero di umaabot sa bir, sino po ba ang da best na lapitan para maireklamo ang kumpanya namin? tia

kung mag resign, makukuha pa din ang separation pay.

kung termination, wala.

baliktad ata. pag magre-resign ka, wala ka makukuhang separation pay (kaya katangahan ang magresign, lalo na dun sa 20+ years in service na); pero pag tinerminate ka (for reasons not due to the employee's fault), the employee is entitled to separation pay.

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imho, forced resignation due to P&A issues are quite illegal unless:

 

a) it is written on your employee handbook, in which case, there should be a matrix.... hindi pwedeng dismissal or termination kaagad.

all concerned employees should have underwent proper due process, in which, steps and procedures are duly documented.

c) forced resignation due to disciplinary action is lower than termination.

 

kung mag resign, makukuha pa din ang separation pay.

kung termination, wala.

Punta siya sa College Secretary ng eskwelahan niya at magtanong kung ano ang requirements nila run para sa correction ng middle name niya (under the current set-up kasi, each college/university now have the exclusive power to correct the names of their students, wala na ito sa CHED)

Hello People. May problem friend ko regarding his name sa diploma nya. Pinagaral sya ng lolo nya nun college. kaya lang ang naregister na middle name ng friend ko e yun sa second wife ng lolo nya (patay na orig nag asawa uli). Pinalabas ng lolo nya na anak sya. dahil kelangan daw un para maavail un scholarship under sa lolo nya. Nung magasawa na sya binalik na nya sa dati ang middle name nya pati sa mga credentials nya. Paano nya kaya mababago ang middle name sa diploma para ibalik sa tunay na middle name nya? Salamat mga sir.

1. It is stated in my contract (from company that I should be informed at least 1 month prior to my end of contract. Since I they were not able to inform me, would I have a chance to win if I file a case?

Ayun kay google: happened to us a few years ago. may tinerminate kaming contract na walang 30 day notice. talo kami.

hindi ko lang alam kung ano talaga ang contract na involved sa case ni google, but I am assuming that sa kaso nila, either open-ended (walang fixed na period) ang contract OR tinerminate nila ang contract BEFORE its termination date. In those kinds of cases, the 30-day notice becomes important, dahil hindi alam nung tao na tatapusin na pala yung kontrata niya, biglaan baga.

Sa kaso mo, 6-months lang ang contract mo. Mula sa simula, alam mo na kung kelan matatapos ang contract mo, hindi ka na kailangang i-inform kung kelan ito matatapos, kung kaya't ano ang basehan ng claim mo na di mo alam na ma-teterminate ang contract mo.

1a. I have double checked my contract and unfortunately, it does not state something about a 30 day notice.

Mas malala, wala palang sinasabi sa contract mo na kailangan ng 30-day notice (dahil nga, hindi ka na kailangan bigyan ng notice because nakalagay na nga kung hanggang kailan lang ang contract mo), kung kaya't wala ka talagang basehan para humingi ng daños.

2. and who should i file a case against? In company B for not following up from Company A about my status on the 5th month?

Assuming na magkakaso ka pa rin, Company B, dahil ito ang employer mo (at kalimitan, sa Master Agreement ng agency mo (Company sa principal (Company A), mayroong clause na nagsasabi na lahat ng claim ay sagutin lamang ng Company B (non-liability at indemnification clause), at kung hindi man, ay babayaran ni Company B.

3. Would I be able to demand at least 1 month salary compensation for not being able inform me as my contract stated?

Nope.

Hi sir,

 

Thank you for your repsonse. I have double checked my contract and unfortunately, it does not state something about a 30 day notice.

 

Would I still have a chance in my complaint kung hindi naka state ung 30 day notice?

1. gusto po sana niya na maibalik ang pera na binayad niya. pwede po ba ito?

pwede po. sulatan niya ang developer demanding the return of her money due to the failure to develop the columbary project.

2. saan po ba namin pwede ireklamo kung ayaw isauli ang pera niya?

Sa HLURB.

sir rocco69 ako po ay meron din tanong...bumili po ang nanay ko ng vault sa columbary (fully paid na po), pero di naman po natapos ang columbary. gusto po sana niya na maibalik ang pera na binayad niya. pwede po ba ito at saan po ba namin pwede ireklamo kung ayaw isauli ang pera niya? salamat po. TIA!

wala kang makukuha pag ikaw ay magreresign (unless may policy ang kumpanya na magbigay ng kaunting halaga sa RESIGNING employee).

entitled ka sa separation pay pag ikaw ay tatanggalin sa trabaho (e.g. redundancy, retrenchment, installation of labor-saving device), pero pag ikaw ay magre-RESIGN, WALA!

Hi to all, I have a friend asking if she can have at least a compensation package or the like.

 

She started working at printing industry in 2002 and then eventually, company fell due to cash flow problem sometime in 2007 or so.

Some of the employees received their separation pay because of retrenchment policy. She and the others I think gave the options to transfer from their respective sister company which was happened. Her tenure of service based on what she explained shall continue from the day she was started from fallen company.

 

And now my friend is resigning from her job this year. Does she entitle to claim from fallen/closed company? Or does she might get any compensation in general from her present company?

 

Thanks in advance.

dahil patay na ang magulang mo, di na pwede yan ipa-notary (sa notarization, sinisertipika ng notaryo na humarap sa kanya yung tao, paano makakaharap yung tatay mo sa notaryo ngayon kung patay na siya).

pero, hindi dahil hindi notaryado ay walang bisa ang bentahan. mabisa pa rin ito sa inyo at ng mga kapatid mo.

dahil may bentahan, ang sasabihin mo sa adverse claim mo, ikaw na at ang sister mo ang may-ari, at iaattach mo sa afidavit ang unnotarized deed of sale na ginawa ng tatay nyo.

nung buhay pa po ang parents ko, gumawa ng kasulatan ang father ko showing that the property was sold to me and one of my sisters kahit walang totoong bentahan, pumirma lahat ng kapatid ko, para daw di gumastos ng malaki sa transfer ng inheritance ng property in case daw na mamatay na sila, ang kulang na lang sa document ay yung notary, magiging valid pa ba yun kung ipa-notary ko yun mgayon, may date naman yun kung kelan pinirmahan ng mga involved parties? TIA po!