legal Free Legal Advice

[fauxhead]

I always thought being up all night before the exam and on the verge of a hang-over helps in passing the exam.

 

 

Oh, that. Don't worry, you don't have to review laws. The questions are structured so that it first discusses the law (or quotes a provision of law) then you're given several situations. You'll have to determine if the law discussed applies to the situations given. So, all you really need to do is to understand the law.

My thoughts exactly. And it also helped that AL is so organized that you don't really have to deal with stuff other than studying (or having fun.)

 

And boibastos is right, have plenty of sleep and eat breakfast before the exam. It's difficult to answer questions when you're sleepy or hungry.

<{POST_SNAPBACK}>

[oliverjohnholmes]

 

isn't it supposed to be an aptitude exam...meaning determining the capacity of the applicant...rather than knowledge exam...one designed to test your acquired knowledge...

 

it isnt just the cost of the school...there are many other costs to consider when undergoing law school...not unless you have a blank check then thank your high heavens for the support...

 

good luck on your exam...may the force be with you...

 

 

 

 

Two roads diverged in a wood, and I--

I took the one less traveled by,

And that has made all the difference.

Robert Frost, “The Road Not Taken”(1920)

 

[bonito99]

Remember!

 

It's not in the school, it's in the student.

 

We all read the same law books, anyway.

 

[jackl]

Questions lang para sa mga abogados at wannabe abogados:

 

Can a legal easement be pursued with indemnification over a homestead prior to the lapse of the prohibitory period for any encumbrance or disposition?

 

If the indemnication was documented as DOAS, will this be material?

 

You may answer as a cold impartial judge or as lawyer for the dominant estate.

 

This is an actual case.

[MrSouth]

Hello mga attorneys na gwapo ng MTC. :mtc: I just need you guys to shed me some light on this issue.

 

My brother, an undergraduate is currently working at a Bank as a clerk (ung nagaayus ng mga envelopes) due to some financial situation (f**k You Platinum plans! :thumbsdownsmiley: ) anyway.. so ayun nag work nga xa.. eventually there's an employee na palakas sa manager nila sa night shift at sinumbong xa na natutulog daw though my brother is denying it. anyway to cut the story short he was transferred to the morning shift because of what happened. Unfortunately the Manager assigned in the evning and the one in the morning is not in good terms. There are some hearsays that the manager on the morning shift would not accept employees that were handled by the manager on the evening shift. So in short naiipit yung kapatid ko. he was able to go to work for several days in the morning shift but a while ago he was instructed by the am mgr to go back to the evening shift and she clearly stated that she doesn't accept undergraduates to pile the envelopes. TO PILE THE ENVELOPES! to be sent to the customers. my brother now is in pending status, he cannot go to work because the morning shift doesnt want to accept him and the mgr on the evening shift would do the same because she believed on what the straw employee told her.

 

Now here are my questions:

 

1. Are they violating the Labor Code? the reason why I asked this is, first of, my brother signed a contract. Can the am manager tell him that she's not accepting undergrads on her shift though my brother signed a contract to work with them?

 

2. In the event that we have proven that she have undergrads on her shift (pertaining to the am manager), what charges can we file if there is?

 

3. In the event that my brother was called to get back to work, is there a possibility to extend his working days on the contract since they forced him to leave?

 

4. Last, if we have proven that he's not sleeping on the evening shift, is that Libel against the other employee?

 

I will greatly appreciate all your suggestions mga kapatid. Maraming salamat po. :thumbsupsmiley: :mtc:

[noah]

Hello All the Attorneys,

I am planning to start a business and I would like to know if any of you specializes in business legal issues. If you are or if you know someone, would you please PM. Thank you much and I greatly appreciate it....noah

[tentacle]

Remember!

 

It's not in the school, it's in the student.

 

We all read the same law books, anyway.

 

<{POST_SNAPBACK}>

 

true. unfortunately, employers think otherwise.

[redax]

Remember!

 

It's not in the school, it's in the student.

 

We all read the same law books, anyway.

 

<{POST_SNAPBACK}>

This could be true, but a graduate from a school which has a consistent 90% passing rate in the bar exams would have a better chance of passing the bar exams and becoming a member of the IBP.

[agentjackbauer]

Remember!

 

It's not in the school, it's in the student.

 

We all read the same law books, anyway.

 

<{POST_SNAPBACK}>

 

 

 

To a certain extent, you are right. But all things being equal, it certainly wont hurt if one goes to a good law school. A good student plus a good law school is a better combination than a good student and a bad school right?:-)

 

 

"THE BUSINESS OF A LAW SCHOOL IS NOT SUFFICIENTLY DESCRIBED WHEN YOU MERELY SAY THAT IT IS TO TEACH LAW, OR TO MAKE LAWYERS. IT IS TO TEACH LAW IN A GRAND MANNER, AND TO MAKE GREAT LAWYERS."

- O.W. HOLMES

[fauxhead]

Linus,

 

An employer must hire a probationary employee if he has passed the standards set for him to acquire regular status. A probationary employee can only be denied regular employment after the probationary period if he did not pass the standards set for him or if he is dismissed for cause (both just and authorized, those under Articles 282,283 or 284). That is why the employer is required to inform the probationary employee of the requirements he must meet at the start of the employment. If the performance appraisal was the only standard by which the probationary employee is to be judged and he passes it, then he/she must be given a regular status after the probationary period. The employer would be guilty of violating the employment contract if he fails or refuses to do so.

 

The employer cannot deny the issuance of a property clearance or COE without a valid justification. It smacks of arbitrariness and a whimsical regard for the rights of the employee. While it may have a right to ask for damages because of the failure of the employee to observe the 4-week notice rule, such damage must first be proved before it can ripen into a justified reason to withhold property clearance or COE.

 

On the third question, it must be first determined whether the prior contractual employment refers to activities which are usually necessary or desirable in the usual business or trade of the employer or whether it is a project employment, i.e. where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee (to include seasonal employment). If it is the former, the subsequent contract might be declared as void for trying to circumvent the rule on security of tenure . If it is the latter, however, the subsequent contract will be valid. The effect of such on the question on diminution of benefits would thus be clearer. On the first case, the employment would thus be seen as continuous and the removal of the 10% premium would be considered a diminution of benefits which should be disallowed. On the second, it would be valid.

 

 

 

Pañeros and pañeras:

 

I have a bit of a problem, my knowledge on labor law is rusty at best. I seek the learned opinions of esteemed colleagues in MTC. 

 

Firstly, if a probationary employee has passed the perfromance appraisal, albeit barely (76 on passing rate of 75 out of 100), is the employer without recourse to terminate him?

 

Secondly, may an employer validly refuse the issuance of a property clearance and/or COEs of an employee who resigned abruptly (meaning non compliance with 30 day notice rule)?

 

Finally, a contractual employee has finished his contract and is being eyed for a more permanent employment by the owner. Since the contract of employment included a premium (since no other benefits accrue, a 10% premium was added on top of the normal salary rate for the position), would there be a diminution of benefits if the employee goes through the normal probationary status (6 months) and the 10% premium was removed?

 

I have an idea of the attack, just seeking other learned opinions.

 

Thanks!

 

linus larrabee

Two roads diverged in a wood, and I--

I took the one less traveled by,

And that has made all the difference.

- Robert Frost, “The Road Not Taken”(1920)

<{POST_SNAPBACK}>

[oliverjohnholmes]

 

Thanks faux...

 

Brent v Zamora is still controlling...but i haven't found a decision on contractual employment being a question on diminution of benefits if and when the former contractual employee is being offered to undergo the process of regularization (meaning probationary for at most 180 days, performance appraisal, and then regularization)...i am thinking along the lines of accrued benefits (earning of VLs and SLs) as replacement for the 10% premium benefit for contractuals with a net effect of non-diminution of benefits...

 

Thank you pañero...

 

Linus

 

 

 

 

Two roads diverged in a wood, and I--

I took the one less traveled by,

And that has made all the difference.

Robert Frost, “The Road Not Taken”(1920)

 

 

[bonito99]

To a certain extent, you are right. But all things being equal, it certainly wont hurt if one goes to a good law school. A good student plus a good law school is a better combination than a good student and a bad school right?:-)

"THE BUSINESS OF A LAW SCHOOL IS NOT SUFFICIENTLY DESCRIBED WHEN YOU MERELY SAY THAT IT IS TO TEACH LAW, OR TO MAKE LAWYERS. IT IS TO TEACH LAW IN A GRAND MANNER, AND TO MAKE GREAT LAWYERS."

- O.W. HOLMES

<{POST_SNAPBACK}>

 

That's UP's marquee line.

 

Anyways, just because one is not from the Top 5 law Schools, it does not mean one can not be a successful law practitioner.

 

It all boils down to the individual.

[bonito99]

Like what all barristers say, " pantay-pantay lahat yan pag dating ng Bar"

[oliverjohnholmes]

 

from what i heard, there are only two law schools in the Philippines...

 

U.P. and others...

 

just passing information along...

 

 

 

Two roads diverged in a wood, and I--

I took the one less traveled by,

And that has made all the difference.

- Robert Frost, “The Road Not Taken”(1920)

 

[bonito99]

let's add 3, based on last year's performance.

 

-UST

-Lyceum

-Arellano

[bonito99]

Well, you got to hand it to the UP lawyers.

[cdma]

Good  Evening Lawyers,,, :goatee:

 

I am planning to take the Ateneo Law School Admission Test,,,

 

I would very much appreciate it if you guys can provide me tips regarding the test.

 

It would be better if I could get a higher score, to boost my chances of availing for a scholarship,,,

 

My thanks to all,,, :goatee:

<{POST_SNAPBACK}>

 

 

You may find the following useful:

 

1. Refresh your English grammar rules and vocabulary.

 

2. Practice with a few IQ tests.

 

3. Sharpen your common sense.

 

Passing the Ateneo Law School Entrance Exams is not a problem. The challenge is getting a grade that is in the upper 20%. Of about a few thousands that apply, Ateneo accepts about 300 max. The same is true in UP and San Beda.

 

good luck

[bonito99]

Alrrrrrrrright..... (Justice Relova)

 

Let's get back to giving Free Legal Advice.

[MrSouth]

Hello mga attorneys na gwapo ng MTC. :mtc: I just need you guys to shed me some light on this issue.

 

My brother, an undergraduate is currently working at a Bank as a clerk (ung nagaayus ng mga envelopes) due to some financial situation (f**k You Platinum plans! :thumbsdownsmiley: ) anyway.. so ayun nag work nga xa.. eventually there's an employee na palakas sa manager nila sa night shift at sinumbong xa na natutulog daw though my brother is denying it. anyway to cut the story short he was transferred to the morning shift because of what happened. Unfortunately the Manager assigned in the evning and the one in the morning is not in good terms. There are some hearsays that the manager on the morning shift would not accept employees that were handled by the manager on the evening shift. So in short naiipit yung kapatid ko. he was able to go to work for several days in the morning shift but a while ago he was instructed by the am mgr to go back to the evening shift and she clearly stated that she doesn't accept undergraduates to pile the envelopes. TO PILE THE ENVELOPES! to be sent to the customers. my brother now is in pending status, he cannot go to work because the morning shift doesnt want to accept him and the mgr on the evening shift would do the same because she believed on what the straw employee told her.

 

Now here are my questions:

 

1. Are they violating the Labor Code? the reason why I asked this is, first of, my brother signed a contract. Can the am manager tell him that she's not accepting undergrads on her shift though my brother signed a contract to work with them?

 

2. In the event that we have proven that she have undergrads on her shift (pertaining to the am manager), what charges can we file if there is?

 

3. In the event that my brother was called to get back to work, is there a possibility to extend his working days on the contract since they forced him to leave?

 

4. Last, if we have proven that he's not sleeping on the evening shift, is that Libel against the other employee?

 

I will greatly appreciate all your suggestions mga kapatid. Maraming salamat po. :thumbsupsmiley:  :mtc:

<{POST_SNAPBACK}>

 

mga ser wala pa ba tayong suggestions? help pls... :mtc:

[bonito99]

Ok.... let's get back to the topic, shall we?

[bonito99]

@sidiyo: what was written in the employment contract?

[oliverjohnholmes]

 

further to what bonito99 asked...has he tried seeking the assistance of the HR Department? Or the union, if there is one for employees such as himself (rank and file, i would surmise), even if he is not a member...furthermore, was there any formalities involved in the transfers and the refusal by one manager, be it the am or pm?

 

to try to answer your queries:

 

For No. 1) Check all his documents. If he signed a contract, it should have detailed there his position, work schedule, department assignment, functions and accountabilities. If he does not have a copy, then ask the HR Dept to furnish you one, through a letter request. Only after you've read this can you determine the cause of action available vis a vis the Labor Code;

 

For No. 2) Check the Employee's Handbook of the Company, or their Code of Conduct. That at the very least determines internally if some injustice or violation occurred;

 

For No. 3) Forced to leave, or just placed on floating status? wouldn't it be conventional wisdom to finish his contract and go somewhere else...i do understand it isn't easy finding other work, but at least he would have a certificate of employment as one up against the others...

 

For No. 4) Libel, is printed word...may move for intriguing against honor or slander...tenuous but feasible...

 

i hope it sheds some light...

 

 

Two roads diverged in a wood, and I--

I took the one less traveled by,

And that has made all the difference.

- Robert Frost, “The Road Not Taken”(1920)

 

[Macy]

I have a serious situation that needs an immediate solution...

 

It involves a young Moslem lady, of legal age, currently pregnant with fraternal twins and willing to have the babies given up for adoption. Her BF died early this year. He was a Christian. She has been warned that she will be stoned or flogged for 40 days if she reveals herself so we are keeping her well hidden from her family who is well connected in the Moslem community since they are from a well-to-do family. Her father works for a foreign airline company. She herself carries a Dubai passport. She will be due in mid-to-late October, earlier than expected as it was thought to be a single birth at first prior to her last ultrasound.

 

I just want to know if there are any legal repercussions should I help her out.

[Guest Leviticus]

Hello to computer enthusiasts here.

 

Medyo out of date na ako when it comes to computers (specifically pagdating sa hardware).

 

Plano ko ang mag-buo na lang ng computer on my own.

 

Habang nagtitingin ng mga price lists and what nots I came upon a motherboard with a description as: Dual processor core.

 

 

What is that? What type of processor will it be using?

 

Any info would be appreciated...

[oliverjohnholmes]

I have a serious situation that needs an immediate solution...

 

It involves a young Moslem lady, of legal age, currently pregnant with fraternal twins and willing to have the babies given up for adoption.  Her BF died early this year.  He was a Christian.  She has been warned that she will be stoned or flogged for 40 days if she reveals herself so we are keeping her well hidden from her family who is well connected in the Moslem community since they are from a well-to-do family.  Her father works for a foreign airline company.  She herself carries a Dubai passport.  She will be due in mid-to-late October, earlier than expected as it was thought to be a single birth at first prior to her last ultrasound. 

 

I just want to know if there are any legal repercussions should I help her out. 

<{POST_SNAPBACK}>

 

 

some ruminations...

 

how young is she?

 

what kind of help are you extending...by keeping her hidden from her family may already have repercussions...not too familiar with the muslim personal laws on capacity..but if found that she has no personal capacity, you would be dealing with the persons with parental authority over her...how they see things are very different from what your intent and acts are...

 

secondly, immorality would play a very crucial role here...the flogging is essentially a penalty imposed on act in violation of the Qu'ran..application of the very same rules to non-Islam faithful is not a new concept, albeit unpracticed here but not disallowed ( Code of Muslim Personal Laws PD 1083) but i have not encountered one as of yet...we have other specialists for that...

 

thirdly, as foreign citizens (or at the very least persons of dual citizenship) venue of trial for her actions would be critical...if it is here in the Philippines, then there are some options available which have yet to find jurisprudence on... but your primary defense would be found in PD1083 itself...

 

fourth, liability...as i always believed, there is no bar to file complaints against you for whatever reason...but filing complaints is a world of difference from being able to prove your complaint...but off the top of my head slight illegal detention may be the case...

 

be safe...i hope this helps...