legal Free Legal Advice

[centrino]

HELP!!!

 

I just upgraded from Win2K to XP... You know how it is when you log as a user sa XP di ba? You should simply click on the User (with Icon) then key in your password. Its not happening sakin eh, when i log I still have the Win 2000 login screen wherein may username and you have to type the password. i have tried to "change the way user log on / off" under control panel but this is what I get ...

[Agent_mulder]

For me ok lang ang pag-revive basta the one reviving it gives justice to it.....Also, bakit sa atin revival ang tawag while in the U.S. and other countries they call it cover? Like Aerosmith covering The Beatles' Come Together.....

[justx]

hi...magtatanong lang po...im not sure kung pwede po ba itong tanong ko dito...gusto ko po kasing malaman kung pwede po bang mag-direct hire ng security guard. ung guard po kse nmin sa isang leading convenience store, gusto ko i-direct hire para mas malaki ang swelduhin nya, kse po we pay the agency php 11,500 monthly, fix po un...ang nakukuha nya ay less than 8k a month, duty nya sa min ay 12 hours at walang day-off, no holiday pay, no ot's...ung sss nya, wala daw pong contri according to our guard...ok lang po ba na walang agency ang guard namin at i-direct hire namin sya, since ang sabi nya ay ung license naman nila ay individual...thanks po. i'll appreciate any help on this matter.

<{POST_SNAPBACK}>

 

 

You very well can. That is ideally what the situation should be. It may however interest you that the reason why security services are contracted through an agency by the managment is prevent the company from being tied up with rights and benefits that a direct hire has, once he has security of tenure. With security of tenure it is harder to dismiss the employee as compared to his being an agency-hired. Through an agency, you can more or less undertake replacement without much hassle.

[zaguuu]

MGA BRO KONG LAWYERS, I need help from you.

 

 

MERON KAMING LOT tapos may natakayong house yung mga kupal na relatives namin na kami din ang nagpatayo (with have receipts from the HARDWARE na kami ang nagbayad) tapos ngayon inaway mommy ko kaya pinapaalis na namin sila dun, kaso gusto nila babayadan namin sila for the house. TAMA BA YUN.

 

ANO bang legal move ang pwede naming gawin, pwwde ba naming sabihing magbayad din kayo ng rent sa amin, tska kami din kasi nagbabayad ng amiliar nung lot, meron bang mga articles na pwedeng basahin tungkol dito

 

 

SALAMAT PO

[bokam]

Shmilyso,

 

You can "hire" that person as a watchman or caretaker but not as a "security guard." He therefore cannot wear his uniform and represent himself as a security guard. And as justx said, he will be considered your employee and not that of the agency. Also, if he is your employee, whatever criminal acts he may commit will make you subsidiarily liable as an employer.

 

As to the firearm license issue, the license belongs to the security agency and not to the security guard concerned. If you will "direct hire" him then all you get is him and not the firearm and the firearms license. In this case, you will provide the dult licensed firearm.

 

In my opinion, it is safer and convenient for you to avail of the services of a security agency.

[bokam]

Cotton,

 

Children are obligated under law to support their parents when the latter are in need of support. If the child refuses, then the parent can compel them to.

 

The amount of support, however, is not fixed at a certain rate but shall be in proportion to the resources or financial capacity of the giver and the needs of the recipient.

[Cardinal SIN]

hindi 100 percent passing ang up law kasi may kilala ako ka batch ko bagsak sya sa bar 2004

[bokam]

Zaguuu,

 

M lousy at tagalog. Could you instead restate your query in english?

[bokam]

Cardinal SIN,

 

Maybe what was referred to was the passing percentage of the fresh grads...just a though thoh.

 

 

 

 

Enyway, do we rily have to reach 500 before we can edit our own posts? If not, culd sumbody teach me how to edit.

[zaguuu]

OK Here it goes,

 

SCENARIO

 

We have a compound in batangas about 850 sqm and another set of farm land. There are two houses within the compound, 1 is the ancestral house of my grandparents, and the other is the house of their eldest son. MY father has 8 other siblings 6 boys and 3 girls. all the boys are married but all the girls are not. the 3 sisters of my father was fortunate enough to land very nice jobs thus making them the bread winners. The house of their eldest brother "KUYA" was built within the compound of the ancestral house without any agreements or lease contract, nor any other contract for that matter. It was financed by the eldest of the 3 girls out of respect and thru the request of my lola. My grandfather died in 1983 but before he died he left a letter confirming the sale of the land to her 3 daugthers, signed by him and my grandmother. this was done January of 1983 and he died August of 1983. there was also a last will and testament that the FARM LAND will be divided accordingly with the 6 boys and my granmother. Year 2000 came and my grandmother died again she left a testament which states that her share of land will be given to her youngest daugther. before I forget 1 of my 3 aunts died without leaving any last will and testament.

 

 

NOW here are my Questions.

 

1. With all this, DOES my eldest uncle have any rights with the ancestral compound, (Since he wants to sell it), and does my aunt need to pay him and his family in case we want them out of the compound. BTW he lives there free of rent since 1965 and my aunt has all the receipts for the construction of his house.

 

2. Can they claim any property of my aunt who died. including her shares in the land.

 

3. Can they claim custody of the ANCESTRAL since he is the eldest.

 

4. What Philippine law can help us, take him and his family out of the compound since they have been terrorizing my aunts, who btw has heart problems. Can we file any case againts them so they can be evicted.

 

5. They want my aunt to PAY them the value of the house so they will move out.

 

Thank you

[matsutsu]

HI!

Sorry if this question has been asked before but the search function doesn't seem to work at all.

I'm currently in Iloilo in search of an agricultural land.

 

What do I need to do to make sure that the agricultural land I'm buying is clean?

What is the procedure?

 

I nearly purchased a land from issued to a tenant under the Comprehensive Agrarian Reform Program.

When I consulted a lawyer, they don't have the right to sell the land since it was only a "right" to use the land.

 

Many thanks!

[bigbang theory]

are you guys going up to baguio next week? will be there for the IBP national convention...

 

any MTC hottie babes going to baguio next week by any chance????

[Batabatuta™]

Cotton,

 

Children are obligated under law to support their parents when the latter are in need of support. If the child refuses, then the parent can compel them to.

 

The amount of support, however, is not fixed at a certain rate but shall be in proportion to the resources or financial capacity of the giver and the needs of the recipient.

<{POST_SNAPBACK}>

 

Specifically under what law sir?

[bokam]

Zaguuu,

 

Your case is quite complicated. Disputes that involve family members usually are.

 

Answer 1:

If the sale of the ancestral land existed bewteen your grandfather and your 3 aunts, then the latter are considered the owners of said property. In this case, your uncle aka "KUYA" does not have any right over the ancestral lot and therefore cannot sell the property.

 

However, it would be difficult to prove the existence of such sale if the only evidence of it is the "letter" of your grandpa confirming the sale in January 1983 and not the actual "deed of sale" itself. If your auntie cant prove that then the property belong to the estate of their grandfather....and consequently, as successor/heir to the estate of his father, KUYA has a share and therefore a right as co-owner over the ancestral lot. Furthermore, as co-owner, he does not have the right to dispose of the "entire" property but only as to his share.

 

On another point, ownership over a certain property belongs to the one who acquired it thru any of the modes provided by law. Since it was your auntie who paid for the labor and materials for the construction of the house then she is considered the owner. However, if this goes to court, these allegations must be proved. The receipts of the materials (presumably in the name of your auntie as payor) might help, but is still not sufficient in itself to support a favorbale judgement. For that, you need a good lawyer.

 

If your auntie can prove that she is the owner of the house and lot, then she does not have to pay a single cent to her bro and his family for them to leave the property.

 

 

Answer 2:

Yes, "KUYA" has a share over the estate of his sister. In cases of intestate succession(there is no last will and testament), collateral relatives (ie. bro n sis) shall succeed to the entire estate of the deceased if there are no descendants (children of deceased), ascendants(parents of deceased), or surviving spouse.

 

 

Answer 3:

No, "KUYA" cannot solely claim custody over the property. He is only a co-owner of the property (assuming if ownership over the property cannot be established by your aunt). As co-owner, his rights over the property are no better than the other co-owners.

 

Answer 4:

Since co-ownership still applies, he cannot be evicted from the property. However, his siblings may file a case for the partition of the property so that each share of the sibling is delineated and defined.

 

 

Answer 5:

Although KUYA cannot compel your aunt to pay in order for them to leave, still, it is a better alternative than being harrassed continually by him.

But take note thoh, he still has a right over the property and he or his heirs may still claim it even though they are no longer residing there.

[bokam]

Cotton,

 

Republic Act No. 5487