legal Free Legal Advice

[jake_roxas]

:cool: pano po kung yung marriage contract nyo ay hindi nakapirma yung wife mo pero nung kinasal kayo pumirma sya pero nung lumabas na yung marriage contract namin walang pirma applicable ba yun walang maaring problema dun guy ineed yuor opinion

 

 

Unfortunately, your marriage is still VALID.

 

EXECUTIVE ORDER NO. 209 or the THE FAMILY CODE OF THE PHILIPPINES provides as follows:

 

Chapter 1. Requisites of Marriage

 

Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a)

 

Art. 2. No marriage shall be valid, unless these essential requisites are present:

 

(1) Legal capacity of the contracting parties who must be a male and a female; and

 

(2) Consent freely given in the presence of the solemnizing officer. (53a)

 

Art. 3. The formal requisites of marriage are:

 

(1) Authority of the solemnizing officer;

 

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

 

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)

 

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

 

A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n)

 

Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a)

 

Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

 

In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer. (55a)

 

From the above, it appears that the marriage you have contracted, unfortunately, is still VALID.

[jake_roxas]

ako po ulet, help namn po sa direction sa IBP, and whom should i look for. salamat ulet!

 

Address:

 

IBP Building, No.15 Julia Vargas Avenue

Ortigas Center, Pasig City, Philippines

 

Secretariat

Tel. Nos.

631-3018, 631-3014, 634-4697

Fax Nos.

631-3014 & 634-4697

 

Commission on Bar Discipline

Tel. No.

631-26-44

Fax No.

910-0407

 

National Committee on Legal Aid

Tel. Nos.

631-3016, 910-0408

Fax No.

631-3013

 

Accounting

Tel. Nos.

631-3017, 634-4696

 

 

Publications

TeleFax No.

634-4696

 

 

FOR DIRECTIONS: see attached map

[Waterbearer]

Im sorry but I dont quite agree. If an employee is asked to resign and he refuses then the company will most likely initiate dismissal proceedings against the said employee. If the ground is as flimsy as "kung di mo ako makasundo resign ka", then it wont hold water. True, if the employee resigns then he might be able to save face especially if he will surely be dismissed anyway.But then again, a resigning employee will not have the benefit of any separation pay unless company policy provides otherwise (most likely retirement pay siguro). My point is, it doesnt necessarily follow that the company is doing you a favor. Depende na rin kung talagang mabigat ang ground for dismissal, otherwise, mas ok pa na ilaban mo na lang. But then again, case to case basis yan.

Very true.

 

But Like i said.... from what i understood. I identified the problem mostly with probationary employees who are not to be made permanent. I also identified the problem with permanent employees who may have done justifiable cause against the company tantamount to dismissal......But Jake is right.....eitherway constructive dismissal proves that there was dismissal.....in disguise. Moreover, I agree with what he said and i quote

 

"This can be a tricky area, an employee can resign and claim Constructive Dismissal due to the employer's behaviour, but the employer could turn around and say that he (the employer) breached the employment contract, but that it was done, for example, because of the reorganisation of the business. The chances are that the employer will be given the benefit of the doubt. The reason for this is that Employment Tribunals do not like to interfere with business management. If on the other hand the employee resigned because he or she thought that they had been treated too harshly over a disciplinary matter, it would be easier for the Tribunal to look for and find unfairness"

 

Thank you for correcting me.

 

Peace.

Edited September 5, 2006 by Waterbearer

[hitme!!]

I suspect you have a virus in your PC. try to scan your files and look in the documents and settings of your PC. Try also yung mga hidden files mo.. baka naka hide sya.. hope this helps.

[simple_denise]

Tanong lang po:

 

Is there anyway na pwedeng malaman ang status ng isang tao, ie. kung married na ba sya o hindi pa?

 

Thanks.

[rocco69]

i have a problem with my surname and middle name it was mispelled. all my records in school and other docs carries the same name except my BC (birth cert). local registry told me na kailangan ko pa daw umatend ng hearing next year march. it they also asked me to pay Php1500. i needed this birth cert for my passport application. i am due to leave this year. can somebody help me on this? need reply asap.

 

 

tama ang payo nung iba na kailangan talagang dumaan yan sa Civil Registrar. Ang problema mo kasi this year ka aalis, while ang hearing mo ay next year pa, baka di umabot sa planned date of departure mo. Note that the DFA, pag nag-iissue ng passport ang sinusunod sa passport ang pangalan na nag-aappear sa birth certificate.

 

Your other option, aside from applying with the Civil Registrar for correction (mukhang matatagalan ka dito eh, baka di umabot sa plano mong date ng pag-alis), is to just apply for a passport using the current (yung may maling spelling) birth certificate. Bale, ang lalabas na pangalan sa passport mo ay yung maling spelling. Then, to reconcile this name with all your other records, ang babaguhin mo, yung school records mo at other documents. For correction of elementary and high school records, punta ka sa Legal Division ng DECS sa Pasig, meron sila doong list of requirements for correction of records (dun ka na rin mag-aaplay) para magtugma na yung passport mo at school records mo. Yung sa college, sa school registrar ka mag-aaplay (kasi di na sila covered ng DepEd, at sabi ng CHED school na ang bahala dito). Same with SSS, GSIS, etc. Dun ka na rin mag-aaplay for correction of the name appearing on their records. You will probably need to execute an affidavit stating that your name and the wrong name refer to one and the same person. Probably, another affidavit of the same tenor to be executed by your parents or two other disinterested but knowledgeable and credible persons.

 

Pero, this step means you will now have to use the incorrectly spelled surname and middle name that appears on your birth certificate. If you can live with this, then you can opt for this solution. Otherwise, kung gusto mo talagang gamitin yung tamang spelling, then apply with the Civil Registrar for correction.

 

Also, before you opt for this, ask the authorities involved kung magagawa nilang ma-correct yung school and other records mo within the year, otherwise, kung di rin naman, eh di sa correction of entry ka na with the Civil Registrar.

[rocco69]

Tanong lang po:

 

Is there anyway na pwedeng malaman ang status ng isang tao, ie. kung married na ba sya o hindi pa?

 

Thanks.

 

Sa pagkaka-alam ko, the NSO issues Certification of No Marriage (Cernoma). Dito lumalabas kung kinasal na ba ang isang tao o hindi. Di ko lang alam kung pwedeng mag-apply ang kahit sino with respect to a certain person. Pero, theoretically, dapat kahit sino pwedeng pag-apply, otherwise, how can prospective brides or grooms check on the status of their partners. Anyway, kung enterprising ka naman, I think you can find a way around this should the NSO require an authorization from the person whose status is being checked.

[simple_denise]

Sa pagkaka-alam ko, the NSO issues Certification of No Marriage (Cernoma). Dito lumalabas kung kinasal na ba ang isang tao o hindi. Di ko lang alam kung pwedeng mag-apply ang kahit sino with respect to a certain person. Pero, theoretically, dapat kahit sino pwedeng pag-apply, otherwise, how can prospective brides or grooms check on the status of their partners. Anyway, kung enterprising ka naman, I think you can find a way around this should the NSO require an authorization from the person whose status is being checked.

 

 

Thanks

[talaba24]

i have been working for this company for 10 years already and during this period, i managed to rise from the ranks. in the course of my employment, i had access to various information that should be kept confidential especially from competitors. now, the company is asking me to sign a "confidentiality agreement" which states that in order for the company to protect its investments in terms of research, client base, i can not work for another company of the same nature if ever i separate (for whatever reason) from the company.

 

eto yung part of the contract:

 

The OBLIGOR acknowledges and recognizes that the COMPANY has invested enormous time, effort, money and other resources in developing its clientele and in recruiting and training its officers and staff. Accordingly, the OBLIGOR agrees that in the event of resignation, retirement or separation from the COMPANY, he shall not, within three (3) years from the effective date of the termination of employment or relation with the COMPANY: (i) be employed with, or work for, another person or entity which has the same business as, or otherwise competes with, the COMPANY; or (ii) solicit any business, employment, or work from any of the COMPANY’s clients; or (iii) recruit or employ the services of any member of the COMPANY’s officers, employees, consultants or affiliates, without prior written consent of the COMPANY.

 

should i sign this? what if i decide to leave them for a better opportunity? maliit lang ang market for my profession, and in all likelihood, yung mapupuntahan kong company (if ever) is a competitor.

thanks

[jake_roxas]

Tanong lang po:

 

Is there anyway na pwedeng malaman ang status ng isang tao, ie. kung married na ba sya o hindi pa?

 

Thanks.

 

The quickest and the most inexpensive thing to do is to ask the person him/herself. Then verify with her/his friends, etc.

 

And if all these fail, you can ask for professional help - http://www.philippinedetectives.com/

[jake_roxas]

Anyway, kung enterprising ka naman, I think you can find a way around this should the NSO require an authorization from the person whose status is being checked.

 

I hope we are not suggesting forgery or falsification.

[jake_roxas]

i have been working for this company for 10 years already and during this period, i managed to rise from the ranks. in the course of my employment, i had access to various information that should be kept confidential especially from competitors. now, the company is asking me to sign a "confidentiality agreement" which states that in order for the company to protect its investments in terms of research, client base, i can not work for another company of the same nature if ever i separate (for whatever reason) from the company.

 

eto yung part of the contract:

should i sign this? what if i decide to leave them for a better opportunity? maliit lang ang market for my profession, and in all likelihood, yung mapupuntahan kong company (if ever) is a competitor.

thanks

 

i think its fair enough although with or without that provision, you are still bound in confidence based per se on the nature of the relationship.

 

just ensure that what you are receiving will be commensurate to the the 3 yrs in which you will not be gainfully employed in the same profession.

[the messiah]

More on constructive dismissal:

 

The legal basis of CD is anchored on Art. 285 of the Labor Code. Although an employee terminates the employment relationship with the employer, she does so not on her own volition. Constructive dismissal exists as an involuntary resignation on the part of the employee due to the harsh, hostile and unfavorable conditions set by the employer. In other words, it is an act amounting to dismissal but made to appear as if it were not. In fact, the employee who is constructively dismissed may be allowed to keep on coming to work. Constructive dismissal is therefore a dismissal in disguise.

 

Verily, constructive dismissal is brought about where there is clear discrimination, insensibility or disdain by an employer and this becomes unbearable to the employee. The law recognizes and resolves this situation in favor of employees in order to protect their rights and interests from the coercive acts of the employer. Whereas valid termination by the employee under Art. 285 of the Labor Code contemplates such act to be voluntary, an employee who is forced to relinquish the position held through the employer’s unfair or unreasonable acts is deemed to have been illegally terminated or discharged, as such the termination is implied to be involuntary.

 

The test of constructive dismissal is whether a reasonable person in the employee’s position would have felt compelled to give up his position under the circumstances.

 

[source: G.R. No. 150092. October 20, 2003, GLOBE TELECOM vs. FLORES available at http://www.supremecourt.gov.ph/resolutions...2Oct/150092.htm]

 

See also the case of THE PHILIPPINE AMERICAN LIFE AND GENERAL INSURANCE CO. vs. ANGELITA S. GRAMAJE, [G.R. No. 156963. November 11, 2004] at http://www.supremecourt.gov.ph/jurispruden...2004/156963.htm

 

so using the mere word alone cant be considered as constructive dismissal?? its shud be backed up by an action or anything to that effect??

 

another question, i overheard from a businessman that he is not paying their employee the minimum wage required by law n yet he is doing it legally, is there truth to this?? is there a loophole in the minimum wage law??

[agentjackbauer]

If Im not mistaken, yeah, meron mga exempt like yung mga small enterprises employing 15 (if I remember correctly) employees or less.

[agentjackbauer]

i have been working for this company for 10 years already and during this period, i managed to rise from the ranks. in the course of my employment, i had access to various information that should be kept confidential especially from competitors. now, the company is asking me to sign a "confidentiality agreement" which states that in order for the company to protect its investments in terms of research, client base, i can not work for another company of the same nature if ever i separate (for whatever reason) from the company.

 

eto yung part of the contract:

should i sign this? what if i decide to leave them for a better opportunity? maliit lang ang market for my profession, and in all likelihood, yung mapupuntahan kong company (if ever) is a competitor.

thanks

 

 

Go ahead sign it. Its void anyway. He he. That provision is actually not a confidentiality clause but a non-compete (non-competition) one. Based on a very recent Supreme Court decision (I promise to look for it within the week), this non-compete clause may be deemed void for being vague and for overbreadth. There must be a definitiveness as to the area (territory) where one may not be employed plus I think 3 years is also too long for it to be valid. Anyway, before I rattle on from memory, I better stop and look for that darn case, ha ha.

 

Do check also if there is a provision for liquidated damages in your contract in the event that you breach it.

Edited September 5, 2006 by agentjackbauer