legal Free Legal Advice

[Dr_PepPeR]

My thoughts exactly about those SPAs. The usual primary question I ask, when did the owner of the account leave the country? Sagot ex. dec 21, 2006. Tapos yung date ng notarization is January 15, 2007. Common sense would tell us to reject the SPA. Or minsan may discrepancy sa signature. Then AAwayin ka pa. Its really hard to educate our people

 

Unfortunately sometimes the decision to honor an SPA becomes a marketing decision. You may be legally and procedurally correct but your client may not take it lightly. So it comes to a choice between mollifying your client or being legally safe.

[rocco69]

Another supposition.

 

As what is stated above under the Family COde the child has the right to support even if you are not married. Supposing the father is willing to give support but files a case for custody of the child. What does the law say pertaining to child custody to unwed parents?

 

If the parents are unwed, the child would be illegitimate. Art. 176 of the Family Code provides: "Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code."

 

To be able to exercise parental authority, the mother MUST have custody over the child. Therefore, custody of illegitimate children, as a general rule, is given by law to the mother.

 

However, if the father is willing to give support, Article 204 of the Family Code also provides that "The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto."

 

In other words, the father can ask that he be allowed to give support by taking in the child. Should the mother be willing to give up the child to the father, no problem.

 

However, should the mother be unwilling to give up the child, she can refuse to give custody to the father saying there is a legal obstacle thereto — this would be Art. 176 (which says that custody should generally be given to the mother).

 

If the father insists on custody, he can file a case to get custody of the child, in which case he has to prove that it is for the betterment of the child that custody be granted to him. In this connection, Section 14 of the Rule on Custody of Minors should be kept in mind.

 

Section 14. Factors to consider in determining custody. - In awarding custody, the court shall consider the best interests of the minor and shall give paramount consideration to his material and moral welfare. The best interests of the minor refer to the totality of the circumstances and conditions as are most congenial to the survival, protection, and feelings of security of the minor encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the minor.

 

The court shall also consider the following:

(a) Any extrajudicial agreement which the parties may have bound themselves to comply with respecting the rights of the minor to maintain direct contact with the non custodial parent on a regular basis, except when there is an existing threat or danger of physical, mental, sexual or emotional violence which endangers the safety and best interests of the minor;

( The desire and ability of one parent to foster an open and loving relationship between the minor and the other parent;

© The health, safety and welfare of the minor;

(d) Any history of child or spousal abuse by the person seeking custody or who has had any filial relationship with the minor, including anyone courting the parent;

(e) The nature and frequency of contact with both parents;

(f) Habitual use of alcohol, dangerous drugs or regulated substances;

(g) Marital misconduct;

(h) The most suitable physical, emotional, spiritual, psychological and educational environment for the holistic development and growth of the minor; and

(i) The preference of the minor over seven years of age and of sufficient discernment, unless the parent chosen is unfit.

[b_9904]

Guys, kelan nag kakaroon ng employee-employer relationship?

[b_9904]

atsaka ano ano ang pwedeng contents ng collective bargaining agreement if employer mo is a religiuos institution?

[rocco69]

Guys, kelan nag kakaroon ng employee-employer relationship?

 

With all due respect, if you are a student (law or otherwise) please do your homework on your own. Read Book 1 of Azucena's "The Labor Code with Comments and Cases," the answers are there in Book III (e.g. control test, power of selection and engagement, payment of wages, power of dismissal).

[Dr_PepPeR]

Guys, kelan nag kakaroon ng employee-employer relationship?

 

If you are looking for a practical answer, the employer-employee relationship starts when you are considered a regular employee, and retroacts to the date when you are hired while on probation. This is relevant only if you are considering the benefits that an employee is entitled to under the Labor Code, a retirement plan or collective bargaining agreement.

[Dr_PepPeR]

atsaka ano ano ang pwedeng contents ng collective bargaining agreement if employer mo is a religiuos institution?

 

As long as the religious institution is considered an employer, whatever is valid under a CBA with any other employer is also valid.

[bonito99]

Hire-fire-pay-control

 

[M16A2]

Unfortunately sometimes the decision to honor an SPA becomes a marketing decision. You may be legally and procedurally correct but your client may not take it lightly. So it comes to a choice between mollifying your client or being legally safe.

 

 

I choose the latter

[shinta]

Hello guys!

 

I was recently involved in a vehicular accident where I bumped the back of another car. At the TMG, I agreed to reimburse their participation pay since they had comprehensive insurance and we shook on it, there was no signing of legal documents involved.

 

Recently I received their letter with the invoices. The insurance paid a total of 15k and the person I talked to shouldered around 6k. But they were billing me for the total 15k. Should I pay them? Can they do that?

 

Thanks in advance!

[shinta]

The person I bumped was using a company car. The company's billing me for the total amount of 15k but they only paid around 6k siguro as participation. The insurance covered the whole amount. Ang gusto nila sa letter bayaran ko sa company nila yung 15k... Is that legal? Is that the way things work?

 

Naka-compre din kasi ako dati, ngayon lang ako nag-third party liability, kaya di ko alam kung pano to.

[kenji_1989]

Question here guys. How will you predict or determine if your PSU is starting to deteriorate? Kasi Dynamo lang gamit kong PSU ngayon and Im switching over from GF6200 to GF7900GT. Siyempre after some long time maaring bumigay PSU ko diba? Para at least kung alam kong malapit na bumigay, mapalitan na kaagad.

[Kurtsky Keigee]

Every so often nag rerestart pc ko badtrip bakit ganito?

Eh bagong scan lang naman

[_Pabling]

Maybe also because I left my PC for long time baka overheated.

Or maybe dahil tagal ko mag encode ng videos..

Pero wala eh kahit after a fresh restart nangyayari to random kaya di ko ma pinpoint error!

 

Dunno nga eh

Pls help nakaka badtrip na talaga every how many minutes nag stastall pc ko or lockup ba tawag dun

Ung tipong not responding ung mga running programs tapos ayaw mag CTRL+ALT+DEL

Tapos ung mga installation at program na iloload ko super bagal Hayzzz!

Ano ba to !

 

you can try disabling automatic restart, click link.

 

tas check mo din yung sa event viewer kung ano problem. HTH

[The Designer]

Maybe also because I left my PC for long time baka overheated.

Or maybe dahil tagal ko mag encode ng videos..

Pero wala eh kahit after a fresh restart nangyayari to random kaya di ko ma pinpoint error!

 

Dunno nga eh

Pls help nakaka badtrip na talaga every how many minutes nag stastall pc ko or lockup ba tawag dun

Ung tipong not responding ung mga running programs tapos ayaw mag CTRL+ALT+DEL

Tapos ung mga installation at program na iloload ko super bagal Hayzzz!

Ano ba to !

 

 

Just an opinion, bro sa hard drive mo ba sinesave lahat ng videos na na-encode mo? check mo kung may enough HD space ka pa, it's normal for a pc to freeze sometimes lalo na kung low on resources na, yung tipong sobrang bagal just to open MS word or notepad, then sa sobrang bagal akala natin nag hang na... lately nangyari sa pc ko yan sa pagdownload ng mga pinoy movies sa kabilang thread na pinupuntahan natin :cool: