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Butsoy

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Tanong lang po, appreciate your answer,

 

I have a friend under sya sa Agency, he started working on April, 2004, And when he recieved his 13th month it was computed from April 1 to Nov. 15 the excuse of the employer is they have a company policy for cut off's.

 

When I read PD 851, it is stated their that the basis of 13th month is calendar year. although according to the employer they can receive naman daw yung 13th month year. tama ba yun, pwede nya ba nahabulin agad yun from Nov 16 to Dec 31, 2004. Kasi ang implication dyan is ginagamit nila in advance yung 13th month mo di b?

 

Any bright lawyer to elaborate this. Thanks ng marami in advance, if you need further info pls pm me.

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xhibay,

 

Im not familiar with Citibank or HSBC's policy on stolen credit cards. First of all, please try to read the terms and conditions agreed upon when your friend applied for the credit card.

 

Anyway from what i know, precautionary measures are imposed by credit card companies on business establishments to minimize fraudulent/unauthorized transactions on their client's account. Among these measures are the cardholder's picture/ID and signature. If there is no signature at the back of the card or that the signature on the card does not match the signature in the receipt, then the business establishment may refuse the cardholder from using his card as payment for the transaction. If they accept, they do so at their own risk.

Remember, credit card transaction receipts are made in three copies: Bank, Establishment, and Cardholder. Whether or not its your friend’s signature on these copies will be known after examining them.

Another measure is the picture/ID. Some credit cards have the cardholder's picture on it and some dont. If there's a pic then its easier for the business establishment to verify whether the user is really the cardholder. If there's no picture on the card then the business establishment is required to demand from the cardholder an ID.

 

That said, I believe that you and the bank can trace those transactions and determine whether ot not those reciepts are forged.

 

Anyhting new pops up. Feel free to post again.

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adrienne888,

 

Sorry, dont understand what ur saying in the 2nd par.

 

Anyway, basically, 13th month pay is computed by adding all of the monthly salary received within a calendar year (Jan 31-Dec31) and divide it by 12.

 

In your case its (April 15 - Dec 31 salary) / 12 = 13th month pay.

 

In case you have further inquiries, please post it here.

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xhibay

 

regarding credit card theft , not sure doon sa HSBC , but citibank have a policy , if your friend have paid a certain insurance that comes w the annual fee's eh waive automatically purchase , 2 hours prior to the incident , do check w the customer support.

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Good Day Counsels!

 

My friend is seeking legal advice since she told me yesterday that she had received a final demand letter from HSBC stating that she needs to pay the full amount due on her credit card or else they will file a civil case against her and or a CRIMINAL CASE as well due to R.A. 8484. Both of us got puzzled since we know that no one gets jailed for non-payment of debt unless that person issues a check that bounced to pay for his/her debt in which I believe is a totally different case. So my friend is quite scared right now because of this because first of all she didn't do this in purpose. She's been a good payer eversince she had gotten her credit card its just that she's in a financial crisis right now that's why even if she has a job she still can't allocate some funds for her CC payment.

 

So is this really true? Can you now be charged a criminal case because of non-payment of your credit card debt? I think RA 8484 is credit card fraud which is a totally different thing. This is the first time that I've heard this. So any inputs from our dear counsels would be very helpful.

 

Thanks in advance!

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adrienne888,

 

Sorry, dont understand what ur saying in the 2nd par.

 

Anyway, basically, 13th month pay is computed by adding all of the monthly salary received within a calendar year (Jan 31-Dec31) and divide it by 12.

 

In your case its (April 15 - Dec 31 salary) / 12 = 13th month pay.

 

In case you have further inquiries, please post it here.

Thanks po Bokam,

 

regarding the second paragraph, the employer only paid him from april 15 - to Nov. 15 because the employer said they have a company policy using cut-offs. Meaning instead of paying 9 months (apr to Dec) they only gave him 7 1/2 months because of the cut off policy. Is that allowed by the law?

 

Thanks po uli, hope for prompt reply.

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hello peeps!

 

would like to inquire about a problem, your help will be most welcome.

 

2 years ago my dad died and he left, among other things, a house and lot in his name. not one of us 5 children would want to live there though as we all have our own residences. now the question, if we are to sell this, how do i go about this? i heard that this is still subject to inheritance taxes, and we still have to make an ad in leading newspapers for other "hidden" claimants, and so on..

 

how much will be the inheritance tax? will this be based on the market value of the property? or the city hall's assessment? if one of us children decides to take over the property, what will be the requirements in order to transfer this into his name?

 

thanks in advance for the help. good day!

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hey hey! I'm reviewing for the bar...starting with Rem. Maybe you can help me with a game plan? Would appreciate any tips...number one...how do you force yourself to study for hours on end?

 

/bats

 

 

Bat's (winged or without?)

 

you should have started your review when you were in your first year.. anyway thats impossible now. Start your review yesterday and keep this in mind... "no matter what, I will become a lawyer" recite that before sleeping and in the morning when you wake up... then go to yuor favorite church... and when you read... dont read your books like you're reading comics... read it like reading a favorite pocket book. try studying between the hours of 2:00 am and 6:am... thats what I did during my review... Good Luck

 

Butsoy

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hello peeps!

 

would like to inquire about a problem, your help will be most welcome.

 

2 years ago my dad died and he left, among other things, a house and lot in his name. not one of us 5 children would want to live there though as we all have our own residences. now the question, if we are to sell this, how do i go about this? i heard that this is still subject to inheritance taxes, and we still have to make an ad in leading newspapers for other "hidden" claimants, and so on..

 

how much will be the inheritance tax? will this be based on the market value of the property? or the city hall's assessment? if one of us children decides to take over the property, what will be the requirements in order to transfer this into his name?

 

thanks in advance for the help. good day!

 

 

 

Hippo:

 

You have to prepare an extra judicial settlement of estate... its an out-of-court adjudication of properties left by a decedent via notarial document to be executed by all the decedent's heirs. payment of estate taxes is computed by the BIR.. for a good result consult your favorite lawyer..

the lawyers fees in that case may cost you between 15 thou to 25thou and above depending on the value of the estate of your father.

 

Butsoy

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Bat's (winged or without?)

 

you should have started your review when you were in your first year.. anyway thats impossible now. Start your review yesterday and keep this in mind... "no matter what, I will become a lawyer" recite that before sleeping and in the morning when you wake up... then go to yuor favorite church... and when you read... dont read your books like you're reading comics... read it like reading a favorite pocket book. try studying between the hours of 2:00 am and 6:am... thats what I did during my review... Good Luck

 

Butsoy

 

hey butsoy! thanks for the tips. oo nga late na yung advise mo na "you should have...in your first year." I was actually asking for recommended reading lists....when did you take the bar? What do you think I should read for Rem? Everyone keeps saying codal lang but I don't think its working for me.

 

if i read like i'm reading a fave pocketbook...tataba ako! heheh

 

is it true carpio's the chairman? baka may hot tips ka on the examiners...hehehe

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Mga Sir really need your advice on this one, Thanks! :)

Good Day Counsels!

 

My friend is seeking legal advice since she told me yesterday that she had received a final demand letter from HSBC stating that she needs to pay the full amount due on her credit card or else they will file a civil case against her and or a CRIMINAL CASE as well due to R.A. 8484. Both of us got puzzled since we know that no one gets jailed for non-payment of debt unless that person issues a check that bounced to pay for his/her debt in which I believe is a totally different case. So my friend is quite scared right now because of this because first of all she didn't do this in purpose. She's been a good payer eversince she had gotten her credit card its just that she's in a financial crisis right now that's why even if she has a job she still can't allocate some funds for her CC payment.

 

So is this really true? Can you now be charged a criminal case because of non-payment of your credit card debt? I think RA 8484 is credit card fraud which is a totally different thing. This is the first time that I've heard this. So any inputs from our dear counsels would be very helpful.

 

Thanks in advance!

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ill be coming home this year to file my annulment can you give me a counsel, bro i need it badly kung pwede less than six months may result na...may ex is living in the USA with her own family now we havent seen each other for around 6 years now...and how much it will cost me...and how can i contact you..thanks

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No one gets imprisoned for non-payment of debt. That is still the rule today.

Your friend will be criminally liable under RA8484 RE::Access Devices if she committed any fraudulent act in connection with the access device/credit card.

 

If your friend did not use any falsified documents or made any misrepresention to the credit card company in her application or changed her address as stated in her credit card application without informing the credit card company then she would be fine.

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