legal Free Legal Advice

[agentjackbauer]

There is no ned to go to PLEB, NAPOLCOM or IAS if you are going to file a complaint with the Ombudsman. Just state in your affidavit-complaint with the Ombudsman that the affidavit is for filing criminal AND ADMINISTRATIVE CHARGES (for gross misconduct, oppression, abuse of authority, and conduct prejudicial to the service) against the cop. The Ombudsman also has administrative supervision over government employees so they can hear and decide this. Mas maganda pa kasi mahihirapan siyang lakarin ang kaso dun, unlike sa NAPOLCOM, IAS, at PLEB na baka may kakilala siya. Also, this is more convenient kasi isa lang ang pupuntahan mong lugar, sa Agham Road lang. In your affidavit complaint, you can also ask at the end thereof that the respondent be preventively suspended (tingnan mo ang nangyari kay Mayor Trinidad), which you can't do with the others.

 

Correct me if Im wrong since my admin law is a bit rusty, but isnt there a minimum salary grade that a public officer must belong to in order for the Ombudsman to acquire jurisdiction over a case? And althoough there is an Ombudsman for the military, iba ang proseso pag pulis. Sensya na, hehe, not really my area of expertise, just commenting based on what I remember and the few cases I handled before the PLEB and Ombudsman. I handled an admin complaint before against a policeman and we filed it with the PLEB while the admin complaint against the BJMP personnel (handled by another lawyer) was filed before the Ombudsman (with criminal cases filed before the regular courts). Come to think of it, mababa lang ata sahod nung taga BJMP ah. Hmm...

Edited September 12, 2006 by agentjackbauer

[moichi]

guys, question lang po.

 

pede po ba gumawa ng general power of attorney that will cover anything and everything?

 

my mom is leaving for the states. and ngayon lang namin nalaman na ang dami pala niyang iiwan na mga aasikasuhin e.g. sa SSS, Business permit sa Mayor's Office, with the banks, etc.

 

meron pang mga transakyon with private individuals kung saan may utang siya or may utang sa kanya.

 

can a general power of attorney to transact for and on behalf of her attend to ALL these?

[murdock_anal]

thank you sa mga advice mga bossing. nalinawan po ako. sana lang kahit saang venue ko ma-file, justice will be mine in the end. salamat pong muli and more power to all of you bros!

[rocco69]

Correct me if Im wrong since my admin law is a bit rusty, but isnt there a minimum salary grade that a public officer must belong to in order for the Ombudsman to acquire jurisdiction over a case? And althoough there is an Ombudsman for the military, iba ang proseso pag pulis. Sensya na, hehe, not really my area of expertise, just commenting based on what I remember and the few cases I handled before the PLEB and Ombudsman. I handled an admin complaint before against a policeman and we filed it with the PLEB while the admin complaint against the BJMP personnel (handled by another lawyer) was filed before the Ombudsman (with criminal cases filed before the regular courts). Come to think of it, mababa lang ata sahod nung taga BJMP ah. Hmm...

 

You're probably referring to RA 7975. However, this refers to the jurisdiction of the Sandiganbayan, which basically says that for violations of the anti-graft law, as well as other offenses committed in rel'n to their office, committed by government employees salary grade 27 and up, you file these criminal cases with the Sandiganbayan. For govt. employees below SG27, these are filed with the regular courts (pero dadaan pa rin ang preliminary iinvestigation sa Ombudsman).

 

For the Ombudsman, its RA 6770, Section 15 of which states

 

Sec. 15. Powers, Functions and Duties. - The Office of the Ombudsman shall have the following powers, functions and duties:

(1) Investigate and prosecute on its own or on complaint by any person, any act or omission of ANY public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases;

 

In summary, all criminal complaints against a govt. official has to pass thru the Ombudsman's preliminary investigation process. If its a high-ranking govt. official, the case will be filed with the Sandiganbayan, if low-ranking, with the regular courts.

 

For admin. cases, you can opt for the Ombudsman, or the regular Civil Service process, with the agency first acquiring jurisdiction excluding the other, i.e. if you file with the regular agency, you can no longer file with the Ombudsman.

 

For military and police officers (regardless of rank), criminal and administrative complaints (just state in the complaint-affidavit that you are filing criminal and admin. charges against the respondent. The Ombudsman will already docket this as two cases - one criminal, one admin) will be handled by the Ombudsman for the Military and Other Law Enforcement Officers. Kung complainant ka, mas maganda sa Ombudsman kasi makakahingi ka ng 6-mos. preventive suspension (just add it as a prayer at the end of the affidavit-complaint).

[rocco69]

guys, question lang po.

 

pede po ba gumawa ng general power of attorney that will cover anything and everything?

 

my mom is leaving for the states. and ngayon lang namin nalaman na ang dami pala niyang iiwan na mga aasikasuhin e.g. sa SSS, Business permit sa Mayor's Office, with the banks, etc.

 

meron pang mga transakyon with private individuals kung saan may utang siya or may utang sa kanya.

 

can a general power of attorney to transact for and on behalf of her attend to ALL these?

 

Articles 1876-1880 of the Civil Code are the provisions relevant to your query.

 

Art. 1876. An agency is either general or special.

The former comprises all the business of the principal. The latter, one or more specific transactions. (1712)

 

Art. 1877. An agency couched in general terms comprises only acts of administration, even if the principal should state that he withholds no power or that the agent may execute such acts as he may consider appropriate, or even though the agency should authorize a general and unlimited management. (n

 

Art. 1878. Special powers of attorney are necessary in the following cases:

(1) To make such payments as are not usually considered as acts of administration;

(2) To effect novations which put an end to obligations already in existence at the time the agency was constituted;

(3) To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to waive objections to the venue of an action or to abandon a prescription already acquired;

(4) To waive any obligation gratuitously;

(5) To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration;

(6) To make gifts, except customary ones for charity or those made to employees in the business managed by the agent;

(7) To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under administration;

(8) To lease any real property to another person for more than one year;

(9) To bind the principal to render some service without compensation;

(10) To bind the principal in a contract of partnership;

(11) To obligate the principal as a guarantor or surety;

(12) To create or convey real rights over immovable property;

(13) To accept or repudiate an inheritance;

(14) To ratify or recognize obligations contracted before the agency;

(15) Any other act of strict dominion. (n)

 

Art. 1879. A special power to sell excludes the power to mortgage; and a special power to mortgage does not include the power to sell. (n)

 

Art. 1880. A special power to compromise does not authorize submission to arbitration. (1713a)

 

Clearly, hindi pwede ang GPA sa lahat ng transaksyon. For the transactions listed in 1878, kailangan ay SPA.

[jake_roxas]

boss jake roxas, please help me out.

 

i was once flagged down by a cop manning a checkpoint. was asked to step down but i refused to abide since there was no reason to do so. after a heated exchange of words, this cop pulled out his service firearm and pointed it to my face. luckily, a concerned motorist passing by shouted "hoy, bawal yan!" which made the cop stand down. i'm in the process of filing a criminal case against this cop. however, i also want to file an adminstrative case. question is, where do file it aside from the ombudsman? should it be with the concerned PLEB, NAPOLCOM or IAS? thanks bro

 

please call the IBP Legal Aid office for immediate assistance.

 

I suppose you can file with as many agencies/tribunals as you want as long as you tweak your causes of action to fall under the jurisction of each agency.

 

Thanks.

[agentjackbauer]

Thanks Rocco, now I remember, ha ha.

[Dr_PepPeR]

Articles 1876-1880 of the Civil Code are the provisions relevant to your query.

 

Art. 1876. An agency is either general or special.

The former comprises all the business of the principal. The latter, one or more specific transactions. (1712)

 

Art. 1877. An agency couched in general terms comprises only acts of administration, even if the principal should state that he withholds no power or that the agent may execute such acts as he may consider appropriate, or even though the agency should authorize a general and unlimited management. (n

 

Art. 1878. Special powers of attorney are necessary in the following cases:

(1) To make such payments as are not usually considered as acts of administration;

(2) To effect novations which put an end to obligations already in existence at the time the agency was constituted;

(3) To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to waive objections to the venue of an action or to abandon a prescription already acquired;

(4) To waive any obligation gratuitously;

(5) To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration;

(6) To make gifts, except customary ones for charity or those made to employees in the business managed by the agent;

(7) To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under administration;

(8) To lease any real property to another person for more than one year;

(9) To bind the principal to render some service without compensation;

(10) To bind the principal in a contract of partnership;

(11) To obligate the principal as a guarantor or surety;

(12) To create or convey real rights over immovable property;

(13) To accept or repudiate an inheritance;

(14) To ratify or recognize obligations contracted before the agency;

(15) Any other act of strict dominion. (n)

 

Art. 1879. A special power to sell excludes the power to mortgage; and a special power to mortgage does not include the power to sell. (n)

 

Art. 1880. A special power to compromise does not authorize submission to arbitration. (1713a)

 

Clearly, hindi pwede ang GPA sa lahat ng transaksyon. For the transactions listed in 1878, kailangan ay SPA.

 

A simple expedient is to simply put all the special powers in one agency agreement. You must be as specific as possible especially when it involves a sale or disposition of the principal's property and when dealing with banks.

[complicated8]

long bootup with resources full.

 

I installed quicktime (free) and then di nag-install ng maayos so nag uninstall ako but failed. SO nag delete ako ng mga folders/files.

 

Now ito ang na-encounter ko. Yung DVD-ROM ko wala na sa list of devices and yung ethernet/lan ports ko disabled din

 

How can I fix this?

[kelvin]

I installed quicktime (free) and then di nag-install ng maayos so nag uninstall ako but failed. SO nag delete ako ng mga folders/files.

 

anong files ba ang na delete mo??? please give more details... bka kasi system files ng windows ang na delete mo. hope not.

 

Now ito ang na-encounter ko. Yung DVD-ROM ko wala na sa list of devices and yung ethernet/lan ports ko disabled din

 

How can I fix this?

 

Medyo madali lang ito:

 

1. Highlight my computer, right click and choose manage

2. go to device manager (magbabago ung right pane)

3. on the root computer, highlight again and right click... choose scan for hardware changes (para sa DVD rom mo)

4. about sa NIC card, go to network adapters subdirectory

5. right click the NIC card applet then choose enable

 

You can also enable the nic sa network connection

 

Hope nasagot ko ng maayos yung query mo...... :headsetsmiley:

 

[_Pabling]

long bootup with resources full.

 

I installed quicktime (free) and then di nag-install ng maayos so nag uninstall ako but failed. SO nag delete ako ng mga folders/files.

 

Now ito ang na-encounter ko. Yung DVD-ROM ko wala na sa list of devices and yung ethernet/lan ports ko disabled din

 

How can I fix this?

 

have you tried system restore??? if not yun muna or you can follow kelvin's advise. HTH

[Guest xHANGMANx]

Do we have any Labor Lawyer in the House?

 

here is the scenario

 

If you resigned from your employer and they asked you to go on terminal leave 20 days before the effectivity of your resignation and you were not yet able to accomplish complete turn over of your responsibilities (any pending work, cash advances)

 

then you inquired how your clearance will be processed and they gave you a verbal assurance that they will take care of it

 

then after more than a month, they send you a letter listing down items that according to them you failed to accomplished and they are ordering you to explain why such were remained unfinished

 

am I still legally required to answer their queries?

 

if not answering their queries delays the issuance of my clearance, what are my legal options?

 

if I answered their letter with this "asking me to go on terminal leave is tantantamount of clearing me of any outstanding responsibilites", am I correct on this line of reasoning?

 

with my reasoning above, they send me a letter threatening criminal prosecution if I don't reply to their queries, do I have legal right to sue them and claim moral damages?

 

would appreciate your answer even if you are not a practicing labor lawyer

When they asked you to go on "terminal leave" 20 days prior to your intended resignation date, was this in writing? if so, you better keep that letter. If it was not in writing, I suggest you write them a reply letter and emphasized that you intended to make proper turn-over, liquidation and accounting but was pre-empted from doing so, when they directed you to go on terminal leave coupled with the assurance that your clearance would be properly taken care of.

 

I further suggest that you request for details and copies of supporting documents in connection with the supposed "list of items" that you were not able to finish before you reply to their inquiries and even before you make an explanation. While it would always be prudent to reply and give an explanation, however, try to ascertain first if the letter is "inquisitorial" or accusatory, that is, if you think that your explanation wont matter anymore and that the company is hell-bent on filing criminal cases against you, then, dont explain anymore. Just request for supporting documents. If you do decide to make an explanation, make it short and concise. Remember, less talk, less mistake.

 

Hope this helps.

Just gather all supporting documents stemming from the query, Dictum is right, less talk, less mistake. I think mostly verbal ang mga arrangements ninyo so it's a my word vs. yours kinda thing. No offense dude pero ang sa akin lang kasi, it doesn't necessarily follow na they gave you a terminal leave e pwede ka nang maging negligent sa duties mo. You knew this outcome was possible and yet you failed to prepare. Again tama si Dictum, honga....what's the use of explaining when they are hell-bent of filing a case against you.....fraud is one since may cash na involved. Kung pwede pang maareglo, sana maareglo....in the end, ikaw din ang talo sa scenario na ito......think of it this way, unless your hiding something, last hurrah na nila ito.....after this, you don't have to deal with them anymore....kung di naman ganun kabigat ang hinihingi nila sa yo, baka naman pwede mo na lang tapusin ang pwede pang tapusin...maglelegal action pa kayo e pwede naman pagusapan yan internally....less stressful yon

Excellent advice from the two gents. Prepare for a fight by documenting everything. The first step is asking for a bill of particulars or the specifics of your alleged offense. Also put in writing the fact that you were asked to take a terminal leave. Be careful of what you write down with the perspective that this can be used against you.

Since the instruction to go on terminal leave is merely "verbal", I suggest you document it by sending a letter emphasizing that you were pre-empted from making a proper turn-over because there was already a verbal directive to go on terminal leave coupled with the assurance that your clearance would be properly taken care of as a matter of course. You may further add, that you were made to understand that you have already been "cleared" of all employee obligations.

 

Also, please ask for documents in connection with their charges against you. Insist that without these documents, you would not be able to make an intelligent explanation of the charges against you.

 

Please remember to choose your words carefully having in mind that whatever you say may be used against you, in case, this develops into a full-blown legal matter.

 

Please keep us posted on development thru this site so we may be able to properly guide you on what steps to do.

 

Good luck.

 

 

 

 

 

it's almost three weeks since my brother in law answered all the accusations of his former employer

 

as of today, no reply/letter was received from the employer

 

my sister is growing impatient everyday, she wants to file a case with the NLRC

 

she already contacted a labor lawyer with regards to this

 

my sister doesn't care with any outstanding monetary claims that my brother in law may still have with the former employer

 

all she want is the employment clearance as my brother in law is applying for a job overseas

 

what should be our legal options right now?

 

and she wants to file claim for emotional distress

Edited September 13, 2006 by xHANGMANx

[jake_roxas]

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.

 

 

Hi Jack,

 

May we please have the title and the other details of this case? Thanks.

[Waterbearer]

Hi Jack,

 

May we please have the title and the other details of this case? Thanks.

I agree. I was also browsing at the SC website for court decisions relating to this but couldn't find one.....

 

The closest thing i got was an exact case but somewhere in LA i think

[pogingpogi2x]

may way ba para magamit ulit yung product ID ng Win XP SP2 para ma activate yung win xp mo?

 

na ka pag activate na kc ako b4 same product key pero this time dina pede yung isa... any help?

 

thanks