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Butsoy

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It's hard to study law. My advice is, you must be sure that this is what you really want.

 

Apart from logic and good grammer, you also need good memory and good analyzing skills.

 

Speed reading skill is also a plus.

 

Btw, kung magaling kang mag-bola sa class recitation, magagamit mo 'yan sa law school at sa court. Naging useful sa practice ko ito. hehehe

 

thank you sa mga tip bossing...

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Good day!

 

 

I need your help... This morning I recieved a memo from the accounting office sating this:

 

Ms. (*^^$ and Ms. (*&^*%$&^$:

Kindly remind the following class advisers to return to the accounting office the acknowledgemnt reciepts for the refund of sportsfest t-shirt. Their salaries will be "on hold" tomorrow and will be released upon submission of the AR. The concerned teachers are as follows:

 

Ms. &*%#^%*^%*

Mr. $(&%#&)_$@& -- ako yun

Mr. ^%(**&%$

Ms. *&%%&$#)_

Ms. %$$$^#%^*(*&

Mr. ^&(**&&^%#

----

 

nagrsearch ako ng konti and nakita ko sa labor code book 3 chapter 4 article 116:

Art. 116. Withholding of wages and kickbacks prohibited. It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker's consent.

 

Ano ba pwede gawin dito? Yung AR na di ko pa naibabalik sa kanila ay nasa parents pa ng student ko. I have consistently reminded the student to return it as soon as possible. pero laging di available yung parents nya everytime tinatawagan ko para iremind about sa AR. Medyo nakakapikon na din dito sa school kaya gusto ko sanang matindi ang buwelta ko sa kanila... ano pwede gawin dito?

 

Thanks!

Edited by tio_pot
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Good day!

 

 

I need your help... This morning I recieved a memo from the accounting office sating this:

 

Ms. (*^^$ and Ms. (*&^*%$&^$:

Kindly remind the following class advisers to return to the accounting office the acknowledgemnt reciepts for the refund of sportsfest t-shirt. Their salaries will be "on hold" tomorrow and will be released upon submission of the AR. The concerned teachers are as follows:

 

Ms. &*%#^%*^%*

Mr. $(&%#&)_$@& -- ako yun

Mr. ^%(**&%$

Ms. *&%%&$#)_

Ms. %$$$^#%^*(*&

Mr. ^&(**&&^%#

----

 

nagrsearch ako ng konti and nakita ko sa labor code book 3 chapter 4 article 116:

Art. 116. Withholding of wages and kickbacks prohibited. It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker's consent.

 

Ano ba pwede gawin dito? Yung AR na di ko pa naibabalik sa kanila ay nasa parents pa ng student ko. I have consistently reminded the student to return it as soon as possible. pero laging di available yung parents nya everytime tinatawagan ko para iremind about sa AR. Medyo nakakapikon na din dito sa school kaya gusto ko sanang matindi ang buwelta ko sa kanila... ano pwede gawin dito?

 

Thanks!

 

Excellent research. For you, the provision should be read like this:

Art. 116. Withholding of wages prohibited. It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker by any other means whatsoever without the worker's consent.

 

Reading the law and applying the facts, there is definitely a violation. Please keep the memo for your records. It's up to you if you want to report this to DOLE. Doing so jeopardizes your "status" at your place of work because you became a snitch. But that should not stop from enforcing your rights.

 

Remind your employer that such is not a valid reason for withholding the salary and you may report this to DOLE. I wish you luck.

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The Maceda law is RA 6552, otherwise known as the Realty Installment Buyer Protection Act.

 

In the words of Baviera:

 

the law provides in sales or financing of real estate on installment payments where the buyer has paid at least two years of installments that in case he defaults in the payment of succeeding installments, he has a right to pay, without additional interest, the arrears within a grace period of one month for every year of installment payments made; and if the contract is cancelled, the seller shall refund to the buyer the cash surrender value of payments made, equivalent to 50% of the total payments made and an additional 5% for every year after five years of the life of the contract and its extensions, if any. Actual cancellation shall not take place until after 30 days from receipt by the buyer of the notice of cancellation or demand for rescission by a notarial act, and only upon full payment of the cash surrender value to the buyer. Downpayments, deposits or options in the contract shall be included in the computation of the total number of installments made. The right to pay the arrears within the grace period could only be availed of by the buyer once in every five years of the life of the contract.

 

In case less than two years of installments were paid, the grace period within which to pay the arrears shall not be less than 60 days from the date the installment became due.

================================================================================

 

Sir Rocco and sa lahat ng Lawyers who may have answers to this:

 

Meron po kasi ako dating hinuhulugan na rowhouse sa bacoor, cavite then, nung mawalan ako ng trabaho, natigil yung pagbabayad ko.

 

Binabayaran ko siya noon sa Asiatrust bank. Bale, ang sistema, binayaran siya ng bangko sa developer tapos ako ngayon ang nagbabayad sa bangko. Mahigit po sa 2 years ko siyang binayaran sa bangko.

 

Lately, tinawagan ako ng Asiatrust regarding sa mga arears ko, and they are telling me na forfeited na raw ung property na binabayaran ko kasi nga hindi na ako updated sa pagbabayad.

 

Meron pa po ba akong habol sa mga naibayad ko na as far as Maceda Law is concern?

 

Baka pwede naman po ninyo akong mabigyan ng further information sa kung ano ang habol ko at sa kung ano pa ang pwede kong gawin kung may mahahabol pa ako.

 

Maraming salamat po sa lahat. Mabuhay kayo!

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Good day!

 

 

I need your help... This morning I recieved a memo from the accounting office sating this:

 

Ms. (*^^$ and Ms. (*&^*%$&^$:

Kindly remind the following class advisers to return to the accounting office the acknowledgemnt reciepts for the refund of sportsfest t-shirt. Their salaries will be "on hold" tomorrow and will be released upon submission of the AR. The concerned teachers are as follows:

 

Ms. &*%#^%*^%*

Mr. $(&%#&)_$@& -- ako yun

Mr. ^%(**&%$

Ms. *&%%&$#)_

Ms. %$$$^#%^*(*&

Mr. ^&(**&&^%#

----

 

nagrsearch ako ng konti and nakita ko sa labor code book 3 chapter 4 article 116:

Art. 116. Withholding of wages and kickbacks prohibited. It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker's consent.

 

Ano ba pwede gawin dito? Yung AR na di ko pa naibabalik sa kanila ay nasa parents pa ng student ko. I have consistently reminded the student to return it as soon as possible. pero laging di available yung parents nya everytime tinatawagan ko para iremind about sa AR. Medyo nakakapikon na din dito sa school kaya gusto ko sanang matindi ang buwelta ko sa kanila... ano pwede gawin dito?

 

Thanks!

 

 

write a letter/memo/answer to the admin. explain your side and tell them that it is not your fault. make sure that you have a received copy in case you might be interested in filing a labor case with the NLRC.

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to dr. pepper, nice comment on baviera and ambion, and good recollection of the 1982 ericta bar scandal.

 

to rocco69, excellent research.

 

yes the 1982 ericta bar scandal was a blackeye to the SC and the legal profession. Based on the quoted news article, CJ Fernando should not have been reappointed by Marcos for admitting he helped A colleague's son pass the bar by lowering or adjusting the passing grade. Yes, J. Ericta and J Fernandez, the chair of the bar exms, were not re--appointed. J. Fernandez also managed to help the son of Ericta somehow. And yes , the SC allowed the son of j ericta to pass and take his oath.

 

The more recent scandal involving J Purisima and his nephew saw a different result. J Purisima's nephew actaully passed the 1999 bar but was not allowed to take his oath. The son of J. Ericta should not have passed but passed bec of the lowering of the passing grade in one subject which i forget. J Purisima was reprimanded by the SC (he didnt resign nor was he removed) and half his bar fee was forfeited (about P500th)

 

 

Yung 1999 bar scandal, ito ba yung questioned moral character nung bar passer?

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================================================================================

 

Sir Rocco and sa lahat ng Lawyers who may have answers to this:

 

Meron po kasi ako dating hinuhulugan na rowhouse sa bacoor, cavite then, nung mawalan ako ng trabaho, natigil yung pagbabayad ko.

 

Binabayaran ko siya noon sa Asiatrust bank. Bale, ang sistema, binayaran siya ng bangko sa developer tapos ako ngayon ang nagbabayad sa bangko. Mahigit po sa 2 years ko siyang binayaran sa bangko.

 

Lately, tinawagan ako ng Asiatrust regarding sa mga arears ko, and they are telling me na forfeited na raw ung property na binabayaran ko kasi nga hindi na ako updated sa pagbabayad.

 

Meron pa po ba akong habol sa mga naibayad ko na as far as Maceda Law is concern?

 

Baka pwede naman po ninyo akong mabigyan ng further information sa kung ano ang habol ko at sa kung ano pa ang pwede kong gawin kung may mahahabol pa ako.

 

Maraming salamat po sa lahat. Mabuhay kayo!

 

 

Dahil naghulog ka ng lampas dalawang taon, ayun sa batas, merong kang 60 na araw mula sa due date para magbayad, kung hindi, may karapatan na ang bangko na kanselahin ang bentahan. Sa panlasa ko, base sa kwento mo, lampas 60 araw na mula sa due date ay hindi ka pa nakabayad, kaya may karapatan ang bangko na kanselahin na ang kontrata.

 

Pero, ayun na rin sa batas, magkakabisa lang ang pagkakansela kung ang pagbibigay alam ng bangko sa iyo tungkol dito ay sa pamamagitan ng notaryadong dokumento, at kailangan din isoli sa iyo ang 50% ng naihulog mo. Habang hindi nila nagagawa ito, walang bisa ang pagkakansela ng bentahan. Kung ayaw mo nang maghabol sa lupa, puntahan mo ang Aisatrust at hingin ang 50% ng iyong naihulog. Kung hindi nila ibibigay, pwede kang lumapit sa abogado para magawa ang demand letter para maisoli sa iyo ang 50% ng naihulog mo.

 

Kung gusto mo pang habulin ang lupa, kausapin mo rin ang Asiatrust kung pwedeng marestructure ang loan mo. Otherwise, kakailanganin mo ring lumapit sa abugado.

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Yung 1999 bar scandal, ito ba yung questioned moral character nung bar passer?

 

Nope, this involved the failure of Fidel Purisima, the chairman of the bar examinations, to disclose that a nephew was taking the bar. There were further allegations that the nephew had access to the bar examination questions.

 

While, indeed, J. Purisima was merely removed as bar chairman and he forfeited half of his fee, feelings ran high at the Supreme Court at that time. The Supreme Court was probably low-key on the matter in order to defuse the matter with the public. Notably, the practice at the SC is that a retiring justice holds a retirement party, with all the remaining justices feting the outgoing one, and dignitaries from the different branches of govt., as well as from the private sector, being invited to the event. For J. Purisima, it was common knowledge at the SC that that he was advised that should he decide to hold a retirement party, none of the other justices would attend. He opted not to have one. In fact, it seems he was considered as persona non grata during his last days at the SC.

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Dahil naghulog ka ng lampas dalawang taon, ayun sa batas, merong kang 60 na araw mula sa due date para magbayad, kung hindi, may karapatan na ang bangko na kanselahin ang bentahan. Sa panlasa ko, base sa kwento mo, lampas 60 araw na mula sa due date ay hindi ka pa nakabayad, kaya may karapatan ang bangko na kanselahin na ang kontrata.

 

Pero, ayun na rin sa batas, magkakabisa lang ang pagkakansela kung ang pagbibigay alam ng bangko sa iyo tungkol dito ay sa pamamagitan ng notaryadong dokumento, at kailangan din isoli sa iyo ang 50% ng naihulog mo. Habang hindi nila nagagawa ito, walang bisa ang pagkakansela ng bentahan. Kung ayaw mo nang maghabol sa lupa, puntahan mo ang Aisatrust at hingin ang 50% ng iyong naihulog. Kung hindi nila ibibigay, pwede kang lumapit sa abogado para magawa ang demand letter para maisoli sa iyo ang 50% ng naihulog mo.

 

Kung gusto mo pang habulin ang lupa, kausapin mo rin ang Asiatrust kung pwedeng marestructure ang loan mo. Otherwise, kakailanganin mo ring lumapit sa abugado.

===============================================================================

 

 

Sir,

 

Maraming maraming salamat po sa reply. Malaking tulong sa'kin ito.

 

Biro mo, may chance pala talaga ako para makuha pa ung 50% ng lahat ng ibinayad ko.

 

Alam din naman ng bangko, Sir yung tungkol sa Maceda Law diba? Kasi iniisip ko baka mamaya pagpunta ko sa bangko e mapahiya ako. Pero hindi naman siguro.

 

Ulit, marami pong salamat. Naliwanagan ako.

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i was an insider during the 1999 bar scandal and the following bar scandal that followed, the 2003 bar scandal which involved the leaked mercantile law questions.

J purisima was given a private retirement ceremony with incumbents attending, in the en banc meeting room only (not the session hall where ceremonies are held). He was still given the traditional court souvenirs like the gavel, robe, book, pen, book of decisons, SC seal, nameplate, etc. However, no traditional dinner party where the retiring justice invites his family and friends was held.

His nephew is the son of his brother, retired Judge Amante Purisima. J Purisima denied knowledge that his nephew was taking the bar. The thing is, he should have known that his nephew was taking the bar, and his nephew should have told him, so as not to put his uncle in the dilemma which ultimately compromised him. No one believed his denial.

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hello mtc lawyers,

 

need insights lang...

my father is part of a group of pinoy ofws who filed a class suit against their american employer. the case was filed in 1984, and until now the plaintiffs havent received the proceeds from the case.

 

this is a long read but this link B&R case i believe is an abridged overview, though not updated, of the said case. my parents together with the plaintiffs have been attending meetings but so far i don't see anything promising. sen herrera, a judge, etc have assisted them to expedite release of proceeds but to no avail. the case has been dragging for more than 2 decades.

 

they said the money is already here in pinas but my question is where exactly and who or what entity is entrusted to hold the proceeds for safekeeping before awarding it to the claimants.

 

do you think a class suit like this would ever be successful knowing how slow our judicial system is?

Edited by transcience
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i was an insider during the 1999 bar scandal and the following bar scandal that followed, the 2003 bar scandal which involved the leaked mercantile law questions.

J purisima was given a private retirement ceremony with incumbents attending, in the en banc meeting room only (not the session hall where ceremonies are held). He was still given the traditional court souvenirs like the gavel, robe, book, pen, book of decisons, SC seal, nameplate, etc. However, no traditional dinner party where the retiring justice invites his family and friends was held.

His nephew is the son of his brother, retired Judge Amante Purisima. J Purisima denied knowledge that his nephew was taking the bar. The thing is, he should have known that his nephew was taking the bar, and his nephew should have told him, so as not to put his uncle in the dilemma which ultimately compromised him. No one believed his denial.

 

 

Yeah, who would believe him after what happened. 1982, 1999, 2003 bar scandal surely tainted the reputation of the Supreme Court and the legal profession and they are supposed to be the protector of our civil liberties -_-. Nowadays, integrity is a word that can only be found within the pages of our textbooks.

 

BTW, speaking of controversies, what do you think of the controversial case about PIATCO? The SC ruled among others that the bidding committee violated its own implementing rules and regulations in the pre-bidding qualification where the qualified bidder should have an equity of 30% and the rest of the 70% can be financed. However, records shown in the audited financial statement of PIATCO that they only have 6.08% of equity. Hence, the disparity will be detrimental to the public interest where PIATCO may not be able to finish the NAIA terminal III.

 

But before the case has been filed, the NAIA III has already been completed. Bakit ganon?

 

Moreover, the case involving Manila Hotel and the Malaysian bidder rendered a decision by the SC in favor of the government. According to the SC the constitutional provision where the rights, privileges, and concessions covering national economy and patrimony will be accorded to a preferred Filipino which the same is self-executing. The Manila Hotel was declared as something that covers the national patrimony due to its historical record of 84 yrs in existence specifically where Mcarthur stayed at the said hotel. Hence, even if the malaysian won the bid fair and square the said bid is void due to an exisiting, "First Filipino Policy".

 

But I am puzzled why a hotel is considered as something that covers a patrimony which is not a national treasure. If memory serves me right what is being sold here is not the land or building but shares of stocks. Had it been a national treasure or a movable property where it can be moved from point A to point B I think this covers a patrimony. Just my 2 cents. What do you think?

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Guest Leviticus

Here's an interesting problem:

 

At the office we are the IT support. There was this one case where the user's screen "rotated" 90 degrees. Yup, ROTATED and stayed that way. just imagine laying your monitor on it's side or tilting your head horizontally to see the images on the monitor. This is not a monitor setting. The user accidentally made a few keybaord combinations and then poof, that happened.

 

Screen resolution, desktop icons, all other display settings appear normal. The images in the screen were proportional to the rotation of the screen.

 

How did that happen? I've tried searching the internet but I am having trouble describing it in the search box.

 

I tried restarting the system but it booted to the rotated screen always.

 

We resolved it by doing a system restore during boot up, so it means this is a windows setting and not a hardware thing. The OS is WinXP SP2.

 

Any input would be appreciated.

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Here's an interesting problem:

 

At the office we are the IT support. There was this one case where the user's screen "rotated" 90 degrees. Yup, ROTATED and stayed that way. just imagine laying your monitor on it's side or tilting your head horizontally to see the images on the monitor. This is not a monitor setting. The user accidentally made a few keybaord combinations and then poof, that happened.

 

Screen resolution, desktop icons, all other display settings appear normal. The images in the screen were proportional to the rotation of the screen.

 

How did that happen? I've tried searching the internet but I am having trouble describing it in the search box.

 

I tried restarting the system but it booted to the rotated screen always.

 

We resolved it by doing a system restore during boot up, so it means this is a windows setting and not a hardware thing. The OS is WinXP SP2.

 

Any input would be appreciated.

 

 

try pressing CTRL + ALT + left or right ARROW KEY, also check the video card settings.

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Hello Legal people! I would like to get your insights about a matter... This is regarding labor...

 

but first, kung ipo-post ko ba dito yung contract na pinapipirmahan samin for all of you to scrutinize, meron bang kaso yun? Im planning to post the contract here para naman actual talaga...

 

Go ahead. Just post the salient terms and conditions and try to avoid mentioning company names.

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hello mtc lawyers,

 

need insights lang...

my father is part of a group of pinoy ofws who filed a class suit against their american employer. the case was filed in 1984, and until now the plaintiffs havent received the proceeds from the case.

 

this is a long read but this link B&R case i believe is an abridged overview, though not updated, of the said case. my parents together with the plaintiffs have been attending meetings but so far i don't see anything promising. sen herrera, a judge, etc have assisted them to expedite release of proceeds but to no avail. the case has been dragging for more than 2 decades.

 

they said the money is already here in pinas but my question is where exactly and who or what entity is entrusted to hold the proceeds for safekeeping before awarding it to the claimants.

 

do you think a class suit like this would ever be successful knowing how slow our judicial system is?

 

HI transcience.

 

I tried reading the SC 1994 decision, I have to admit, it was quite long and complex. Just a few questions though, I noticed that several petitioners either withdrew the case, agreed to a compromised, or their case was dismissed. The SC came about with several decisions pertaining to different batches. To what specific batch do your parents belong?

 

Do they belong to the batch whose complaints were dismissed? Or to those who were required to present additional evidence? Or to those who were awarded by the NLRC?

 

Thanks

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blessed day lawyer's! need help po...

 

ask ko lang sana kung paano ang process na magpatitulo ng lupa, im from laguna,

and we believe na wala pang title ang kinatitirikan ng bahay/lupa namin, we've been here from

10 yrs. plus na,and developed na rin ang lugar namin,gusto sana naming patituluhan, ano po gawin nmin?

or paano po kami makakakuha ng right's? pag sinabi bang may right's kami sa lupa namin may document

kaming galing sa munisipyo? thank's po! don't know kung natanong na po dito 2, nagback read npo me' kso di ko makita..

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blessed day lawyer's! need help po...

 

ask ko lang sana kung paano ang process na magpatitulo ng lupa, im from laguna,

and we believe na wala pang title ang kinatitirikan ng bahay/lupa namin, we've been here from

10 yrs. plus na,and developed na rin ang lugar namin,gusto sana naming patituluhan, ano po gawin nmin?

or paano po kami makakakuha ng right's? pag sinabi bang may right's kami sa lupa namin may document

kaming galing sa munisipyo? thank's po! don't know kung natanong na po dito 2, nagback read npo me' kso di ko makita..

 

Go to the Municipal Assessor's Office and check with their tax map kung kanino nakapangalan ang lugar na kinatitirikan ninyo. Kung merong nakapangalan, check nyo kung may titulo siya o wala. Pag me titulo siya, wala na, TAPOS NA ANG BOKSING - di nyo mapapatitulohan. Kung wala siyang titulo, lumalabas na siya (yung taong pinapangalanan sa Assessor's Office) ang nagbabayad ng amillar (sa kanya nakapangalan ang tax declarations). Mahihirapan kayo pag me tax declarations ang lupa sa pangalan ng ibang tao.

 

Question ko rin, paano napunta sa inyo ang lupa (did you buy this 10 years ago or basta na lang kayo nagtayo dun)

 

Kung walang titulo ang lupa, pinaka-importanteng malaman kung ito ay alienable and disposable land of the public domain. Tingnan nyo sa Land Management Bureau (LMB) ng Laguna atsaka sa Community Environment and Natural Resources Office (CENRO) kung ano ang status ng lupang kinatatayuan ninyo. Tanungin nyo na rin kung me taong nagfile na ng public land application o land patent application sa lupa nyo. Note na kung hindi classified as alienable and disposable land ang lupa nyo, di ito pwedeng patitulohan.

 

Assuming na alienable and disposable land ang kinatatayuan ninyo at walang ibang claimant, there are two ways by which you can have your land titled:

 

1. File a case in court to prove that you have been occupying the land since June 12, 1945 (by yourself and through the persons from whom you got the property); or

2. Public land patent (apply kayo to buy the land from the government - through the Bureau of Lands [ito na yata ngayon ang LMB)

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HI transcience.

 

I tried reading the SC 1994 decision, I have to admit, it was quite long and complex. Just a few questions though, I noticed that several petitioners either withdrew the case, agreed to a compromised, or their case was dismissed. The SC came about with several decisions pertaining to different batches. To what specific batch do your parents belong?

 

Do they belong to the batch whose complaints were dismissed? Or to those who were required to present additional evidence? Or to those who were awarded by the NLRC?

 

Thanks

 

thank you. i thought there'll be no takers for my questions :D

 

anyway, my father belongs to the batch awarded by the NLRC. he submitted all pertinent docs years ago. right now, their batch has monthly meetings headed by their lawyer.

 

i even accompanied my mother to sign documents in the lawyer's office -- that we are agreeing that 25% of the proceeds will go to the lawyer.

 

whenever my parents bring up this topic, i get frustrated. it seems that the case is going in circles.

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Guest Leviticus
try pressing CTRL + ALT + left or right ARROW KEY, also check the video card settings.

thanks. I think this works for the SiS video cards.. don't know for others though. :thumbsupsmiley:

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We had the same problem here at the office 2 days ago.

 

It was resolved by checking your display settings.

 

Somewhere in the advance tab, the user unintentionally changed the orientation of the screen.. Check mo, theres another tab there, I could not recall exactly but the key is go the advance settings of your display properties.

 

Goodluck.

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