legal Free Legal Advice

[rocco69]

Usually mga magkano sa mga Private lawyers? 500php po ba? Thanks po sa pag reply

naman, kulang yan! Makikipagkita sa iyo yung tao, bibiyahe yun, may parking pa! sa gasolina pa lang, bitin na yan!

[hidden_agenda]

mga sir, magtatanung lang po ako kung ano ang ibig sabihin ng "stipulation pour autrui"

kung puede po sa tagalog para mas maiintindihan at isang magandang at malupet na halimbawa po,

maraming salamat po

[Raizen44]

Hey,

 

I am for the mini EB for horny attorneys. If anyone is interested, PM me for my email addy. I am volunteering to be the coordinator for this shindig. I am free all next week except for Tuesday night.

 

So far we have:

Butsoy

Dekampanilla

Huxley

and maybe Hyacinth.

Should we welcome also horny law students?

Kung pwede students pwede sumama boss?

[Raizen44]

Gud eve, mukhang madami na pala ngayon active sa thread a.

Edited September 19, 2017 by Raizen44

[rocco69]

mga sir, magtatanung lang po ako kung ano ang ibig sabihin ng "stipulation pour autrui"

kung puede po sa tagalog para mas maiintindihan at isang magandang at malupet na halimbawa po,

maraming salamat po

Stipulation pour autri ay isang sugnay o bahagi ng kontrata, kung saan binibigyan ng mga partido sa kontrata ng benepisyo ang isang tao na di naman kasali sa kontrata. Ibig sabihin, hindi siya kasali sa kontrata, pero pinapaboran siya ng kontrata (kailangang sinasadya talaga siyang bigyan ng benepisyo ng kontrata)

 

Example: credit card

 

ang may kontrata dito ay ang credit card company at yung establishment (kung saan napagkasunduan nila na kung sino man ay ang makapagpapakita ng credit card sa establishment igagalang ito ng tindahan at tatanggapin nila ito bilang kabayaran)

 

yung may hawak ng credit card ay beneficiary. ang nag-uusap talaga ay yung credit card company at yung establishment.

[hidden_agenda]

Stipulation pour autri ay isang sugnay o bahagi ng kontrata, kung saan binibigyan ng mga partido sa kontrata ng benepisyo ang isang tao na di naman kasali sa kontrata. Ibig sabihin, hindi siya kasali sa kontrata, pero pinapaboran siya ng kontrata (kailangang sinasadya talaga siyang bigyan ng benepisyo ng kontrata)

 

Example: credit card

 

ang may kontrata dito ay ang credit card company at yung establishment (kung saan napagkasunduan nila na kung sino man ay ang makapagpapakita ng credit card sa establishment igagalang ito ng tindahan at tatanggapin nila ito bilang kabayaran)

 

yung may hawak ng credit card ay beneficiary. ang nag-uusap talaga ay yung credit card company at yung establishment.

maraming salamat sir, mabuhay ka, thank you po ulet

[Ron Paparoon]

Sir/Ma'am:

Can anyone here help a female friend? She badly need a good lawyer for sexual harassment vs. her former boss. Former boss since she was detailed to another office after filing a formal complaint. Now she feels like the odds are favoring the boss, well as we all know, power and influence.

She has nothing much to offer, and I would help out if ever. Lalake ako and may kalokohan but I hate abuse, violence and harassment towards women.

I hope someone would help.

Thanks.

[oliverjohnholmes]

Question lang po.

 

Ang articles of incorporation po ba ay enforcible kahit sa ibang bansa?

[Kazekage.Gaara]

I got a question regarding SSS pension.

My dad passed away last year. Unknowingly, may ibang name na nakalagay sa beneficiary nya na hindi nya inayos. Now, me and my mom are unsure kung ano ang marital status ng dad ko dun sa name na nakalagay sa beneficiary. May habol ba kami sa pension ng dad ko?

[rocco69]

I got a question regarding SSS pension.

 

My dad passed away last year. Unknowingly, may ibang name na nakalagay sa beneficiary nya na hindi nya inayos. Now, me and my mom are unsure kung ano ang marital status ng dad ko dun sa name na nakalagay sa beneficiary. May habol ba kami sa pension ng dad ko?

ang unang beneficary ng SSS member ay ang kaniyang asawa at mga anak na ang edad ay mas mababa sa 21. Sila muna ang may karapatan bago yung nakalista na beneficiary. Kung walang primary beneficiary, dun lang nakakapasok yung nakalistang beneficiary. Pinakamaganda niyan, tumawag sa SSS at magtanong dun

[wildswans]

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.

[rocco69]

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.

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.

[wildswans]

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?

[villain1021]

hi mga lawyers jan.. need po sana ng services

 

annulment process po. 15yrs nang hiwalay

 

pm na lang po

[rocco69]

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?

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.

Edited December 21, 2017 by rocco69

[wildswans]

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.

Edited December 21, 2017 by wildswans

[thatHelmetGuy11]

hi mga atty. pwede po humingi ng advise?

 

my friend applied to work in japan. however, the agency has a program that all applicants must be be sent to their japanese principal to undergo "Internship training" (paid) for 3 years before sya iforward at ihire ng isang japanese company. sadly, he was unable to finish the training kasi nahuli sya ng japanese police n ngddrive ng sskyan ng wlang lisensya. he was jailed tpos pinauwi n dto s pinas, effectively terminating his internship. the agency is now suing him for breach of contract daw. any advise po? thanks in advance!

[rocco69]

hi mga atty. pwede po humingi ng advise?

 

my friend applied to work in japan. however, the agency has a program that all applicants must be be sent to their japanese principal to undergo "Internship training" (paid) for 3 years before sya iforward at ihire ng isang japanese company. sadly, he was unable to finish the training kasi nahuli sya ng japanese police n ngddrive ng sskyan ng wlang lisensya. he was jailed tpos pinauwi n dto s pinas, effectively terminating his internship. the agency is now suing him for breach of contract daw. any advise po? thanks in advance!

it depends on what are the terms of the contract that he signed. Is there a clause exempting him due to reasons beyond his control, etc. Whar are his responsibilities and duties under the contract? What are the causes consisting breach of the contract? Hangga't hindi nakikita yung mismong kontrata, mahirap magbigay ng advise.

 

But in any case, kung wala namang ari-arian ang kaibigan mo, useless yang breach of contract case na yan, manalo man sila, ang pwede lang nila makuha ay daños, in the form of money (walang kulong sa civil case. At civil case lang ang breach of contract).

 

Kung walang pera o ari-arian ang kaibigan, ano ang kukunin sa kanya ng agency? Wala. In ending, gagastos lang yung agency sa wala.

 

Kung ako kaibigan mo, wag na niya pansinin ang demands ng agency (at sigurado ako, demand letter pa lang yan, wala pang naisasampa na kaso yan - dahil nga waste of time and money ang ganyang kaso, walang kasiguraduhan na makakakolekta ang naghahabla).

Edited December 29, 2017 by rocco69

[wildswans]

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.

[rocco69]

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.

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.

[wildswans]

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.

[rocco69]

 

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.

Its still valid, being part of management prerogative.

 

A company is free to regulate, according to its own judgment and discretion, all aspects of employment, to include work regulations. So long as the same is exercised in good faith to promote the employer's interest, and not to defeat worker's rights, the same is valid.

 

Requiring NBI clearances from workers is reasonable and is one of the ways to protect company interests. You normally wouldn't want a person with a criminal record working for you.

 

Being reasonable, refusal to comply can be considered as wilful disobedience to a lawful order of the employer, which is a ground for VALIDLY TERMINATING an employee.

[kingkamote87]

I have an inquiry.

 

i have this psycho ex-girlfriend. She's suicidal and can't move on when things didn't work out between us.

She's been saying things like "isusumpa ko kayong lahat simula sayo hanggang sa pamilya mo at anak mo", "mamamatay din kayong lahat" and to make things worst, she messaged my friends and relatives about the awful thing that i have done to her in the past (we aborted the baby when she got pregnant).

 

Is there any lawsuit that i can file against her?

Thank you.

[M Corleone]

I have an inquiry.

 

i have this psycho ex-girlfriend. She's suicidal and can't move on when things didn't work out between us.

She's been saying things like "isusumpa ko kayong lahat simula sayo hanggang sa pamilya mo at anak mo", "mamamatay din kayong lahat" and to make things worst, she messaged my friends and relatives about the awful thing that i have done to her in the past (we aborted the baby when she got pregnant).

 

Is there any lawsuit that i can file against her?

Thank you.

 

First, assuming that you both reside within the same Barangay, a quick fix on this would be the filing of a complaint before the Lupon of the Barangay and asking them for the issuance of a Temporary Protection Order (TPO) against your psycho ex-girlfriend. Here, they will try their best efforts for you and your ex-gf to reach a settlement or reconciliation at the very least. If no settlement or reconciliation is reached by the both of you, it is only then that they will issue a clearance for you to pursue legal actions from the courts.

 

Now, to answer your inquiry,

 

As to the cursing, there is none since her words would not fall as threats against the complainant as defined under the Revised Penal Code (RPC) nor can you claim Damages from such words under the pertinent provisions of the Civil Code since to claim for such, actual injuries and/or besmirched reputation must be sustained by the plaintiff.

 

As to her, messaging your relatives, there are two options:

 

 

A) File a civil case for Damages anchoring your claim on besmirched reputation, severe anxiety and sleepless nights; or

 

File a criminal case against her for Slander by Deed or Intriguing Against Honor.

 

 

Just a quick note:

 

In the filing of civil cases, the plaintiff merely asks the courts for payment of Damages, be it actual, compensatory, liquidated, etc. The remedy availed of here by the plaintiff is the mere payment of monetary value as prayed for in the complaint, whereas in the filing of criminal cases, the complainant actually seeks the imprisonment of the defendant/accused and/or the payment of fines.

 

So be really careful in choosing your option. Think twice and hard. Plus, think about the actual cost of litigation and the hours that will be spent, should you choose to pursue legal actions against your psycho ex-girlfriend.

 

Good luck, I wish you all the best!

[kingkamote87]

 

First, assuming that you both reside within the same Barangay, a quick fix on this would be the filing of a complaint before the Lupon of the Barangay and asking them for the issuance of a Temporary Protection Order (TPO) against your psycho ex-girlfriend. Here, they will try their best efforts for you and your ex-gf to reach a settlement or reconciliation at the very least. If no settlement or reconciliation is reached by the both of you, it is only then that they will issue a clearance for you to pursue legal actions from the courts.

 

Now, to answer your inquiry,

 

As to the cursing, there is none since her words would not fall as threats against the complainant as defined under the Revised Penal Code (RPC) nor can you claim Damages from such words under the pertinent provisions of the Civil Code since to claim for such, actual injuries and/or besmirched reputation must be sustained by the plaintiff.

 

As to her, messaging your relatives, there are two options:

 

 

A) File a civil case for Damages anchoring your claim on besmirched reputation, severe anxiety and sleepless nights; or

 

File a criminal case against her for Slander by Deed or Intriguing Against Honor.

 

 

Just a quick note:

 

In the filing of civil cases, the plaintiff merely asks the courts for payment of Damages, be it actual, compensatory, liquidated, etc. The remedy availed of here by the plaintiff is the mere payment of monetary value as prayed for in the complaint, whereas in the filing of criminal cases, the complainant actually seeks the imprisonment of the defendant/accused and/or the payment of fines.

 

So be really careful in choosing your option. Think twice and hard. Plus, think about the actual cost of litigation and the hours that will be spent, should you choose to pursue legal actions against your psycho ex-girlfriend.

 

Good luck, I wish you all the best!

 

Thanks for answering my query BBB.

 

one last question, if something bad happens to her (knock on wood) like hurting herself and slit her own wrists and ends up in the hospital.

Will i be held accountable?

 

Thank you.