legal Free Legal Advice

[senestroring]

Is there a provision in Philippines law to file for personal bankruptcy?

[dylandark]

Ask ko lang po.. Ano po ba ung AGABON doctrine? sa agabon vs. nlrc. And paano ito marelate sa serrano vs. NLRC. ?? Thank yu po!

Best Regards

[Pinoymale]

On the other hand, your mother can use this "dilemma" to negotiate for a lower price. Further, your mother may offer partial payment of the price, the balance payable upon expiration of the 2 year period - just make sure she takes immediate possession of the property.

 

Good luck.

 

My mom made some inquiries and found out that the BIR won't allow ownership of the property to change hands unless an extra-judicial settlement is made and taxes are paid, so that's that. You can always count on the BIR to insist on strict compliance when going after their share, hehe.

[Wolf]

Ask ko lang po.. Ano po ba ung AGABON doctrine? sa agabon vs. nlrc. And paano ito marelate sa serrano vs. NLRC. ?? Thank yu po!

Best Regards

Assignment ba ito?

 

Ang sabi lang sa Agabun ay magbabayad ng indemnity ang employer sa illegally dismissed employee kapag di nag-comply sa twin notice requirement ang employer pero may just cause sa dismissal. Inalis sa Serrano ang doctrine na ito. Bale babalik na sa Wenphil doctrine na may indemnity.

 

Goodluck! :thumbsupsmiley:

[linux_distro]

Ask ko lang po.. Ano po ba ung AGABON doctrine? sa agabon vs. nlrc. And paano ito marelate sa serrano vs. NLRC. ?? Thank yu po!

Best Regards

 

"The Serrano ruling awarded full backwages and separation pay to the employee who was dismissed for just cause but without the observance of the procedural due process requirement. However, in Agabon v. NLRC, this Court modified the Serrano ruling and awarded nominal damages in the amount of thirty thousand pesos (P30,000.00) including holiday pay, service incentive leave and thirteenth month pay to the petitioners in the said case. This case clarified the criticisms and answered the questions created by the Serrano ruling.

 

The Agabon doctrine enunciates the rule that if the dismissal is for just cause but statutory due process was not observed, the dismissal should be upheld. While the procedural infirmity cannot be cured, it should not invalidate the dismissal. However, the employer should be held liable for non-compliance with the procedural requirements of due process.

 

Where the dismissal is for just cause, as in the instant case, the lack of statutory due process should not nullify the dismissal, or render it illegal, or ineffectual. However, the employer should indemnify the employee for the violation of his statutory rights. The indemnity to be imposed should be stiffer to discourage the abhorrent practice of “dismiss now, pay later,” which we sought to deter in the Serrano ruling. The sanction should be in the nature of indemnification or penalty and should depend on the facts of each case, taking into special consideration the gravity of the due process violation of the employer.

 

The violation of the petitioners’ right to statutory due process by the private respondent warrants the payment of indemnity in the form of nominal damages. The amount of such damages is addressed to the sound discretion of the court, taking into account the relevant circumstances. Considering the prevailing circumstances in the case at bar, we deem it proper to fix it at thirty thousand pesos (P30,000.00). We believe this form of damages would serve to deter employers from future violations of the statutory due process rights of employees. At the very least, it provides a vindication or recognition of this right granted to employees under the Labor Code and its Implementing Rules."

 

It may be also argued that actual or compensatory damages may be recovered in employment termination cases. Actual or compensatory damages are not available as a matter of right to an employee dismissed for just cause but denied statutory due process. The award must be based on clear factual and legal bases and correspond to such pecuniary loss suffered by the employee as duly proven. Evidently, there is less degree of discretion to award actual or compensatory damages."

(Maquiling v. Phil.tuberculosis, G.R. No. 143384. February 4, 2005

http://www.supremecourt.gov.ph/jurispruden...005/143384.htm)

 

"the doctrine in Serrano had already been abandoned in Agabon v. NLRC" (King of Kings v. Mamac, G.R. No. 166208, June 29, 2007, http://www.supremecourt.gov.ph/jurispruden...007/166208.htm)

[linux_distro]

Is there a provision in Philippines law to file for personal bankruptcy?

 

Act No. 1956

 

it is sited in

http://ca.supremecourt.gov.ph/cardis/CV71418.pdf

http://ca.supremecourt.gov.ph/cardis/CV69384.pdf

[bonito99]

@all: last post was on the topic of nbi monitoring this forum. apologies...

 

@bonito99: thanks bro. fyi: the company didn't even provide training for my friend; no formal class or certificates. it was all a farce 'coz it was the job itself so called "on-the-job training" disguised as "training". technically, they spent on the trip and accomodations but these are job-related. necessities for accomplishing your tasks. what do you think?

 

 

 

Not a strong case for them to file.

[game_boy]

How much will cost to hire a lawyer for collecting bouncing checks?

 

 

not woth it, i am pursuing a case for bounced checks since 2003 and up to now we haven't reached pre-trial. tiyagain mo na lang kulektahin. tama ang sabi nila wala talagang justice dito sa atin....puro just-tiis lang

[linux_distro]

not woth it, i am pursuing a case for bounced checks since 2003 and up to now we haven't reached pre-trial. tiyagain mo na lang kulektahin. tama ang sabi nila wala talagang justice dito sa atin....puro just-tiis lang

 

True. It's quite frustrating. Thr Courts apparently realized that they have unwittingly become collecting agents in bouncing checks laws and to counter that perception they have consciously render bouncing checks law less effective. This may explain why Courts impose more fines instead of imprisonment, and even if imprisonment is imposed accused can apply for probation. Also, the poor complainant has to pay filing fees.

 

Kaya, one might be better off filing a civil case, pray for preliminary attachment, and ask for consequential damages otherwise difficult to recover from a criminal case. Moreover, in a civil case, one does not need the presence of fiscal for the hearing to proceed.

 

Siguro, if you can craft a situation where a bouncing check will qualify as estafa under PD 818, then maybe you can exert a lot of pressure on the accused who is detained without bail while the case is pending. Check the Bail Bond Guide http://www.doj.gov.ph/bail_d2e1.html, which provides that ESTAFA (Art. 315, Par. 2(d) as amended by PD 818) If the amount of fraud is P32,000.00 or over the penalty is Reclusion perpetua and No Bail is allowed. Check the law here http://www.chanrobles.com/presidentialdecr...ecreeno818.html

[specs]

i have a question for the experts. Pls do try to shed some light into it.

A certain bank is asking us to settle the remaining charges and interest occured over two years.

They threatened to freeze our assets thru other banks and take away the house that we owned along with the car.

 

Now the funny thing was this so called "charges and interest rates" were based on our annual fees. We called up their representative and had them terminate the card before the due date of expiry. They claimed that nobody from their company received our calls.

 

We still have the names (in fact three of their reps) who spoked to us and said it will be terminated when upon expiry of the card.

 

What really irks me was that EVERYTHING we bought was paid for and on time.

Now they are asking 13,000 for the card that was never used nor seen? Annual fees and interest of that started 2 years ago.

 

So mga bosses di ba dehado naman tayo masyado!!!

Hoping you guys can give some advice.

Thanx

[linux_distro]

i have a question for the experts. Pls do try to shed some light into it.

A certain bank is asking us to settle the remaining charges and interest occured over two years.

They threatened to freeze our assets thru other banks and take away the house that we owned along with the car.

 

Now the funny thing was this so called "charges and interest rates" were based on our annual fees. We called up their representative and had them terminate the card before the due date of expiry. They claimed that nobody from their company received our calls.

 

We still have the names (in fact three of their reps) who spoked to us and said it will be terminated when upon expiry of the card.

 

What really irks me was that EVERYTHING we bought was paid for and on time.

Now they are asking 13,000 for the card that was never used nor seen? Annual fees and interest of that started 2 years ago.

 

So mga bosses di ba dehado naman tayo masyado!!!

Hoping you guys can give some advice.

Thanx

 

You can write to Bangko Sentral through Chairman Amando M. Tetangco, Jr., Governor and Chairman of the Monetary Board, Bangko Sentral ng Pilipinas, A. Mabini St. cor. P. Ocampo St., Malate Manila, Philippines 1004, Tel. No. : (632) 524.70.11, Fax No. : (632) 523.62.10.

 

I once complained against my bank for issuing me a credit card and charging me fees for it without my consent, BSP wrote the Bank, and the Bank apologized profusely and cancelled the unauthorized charges.

 

Good luck.

[DELISYUS]

pasensya if i'm not phrasing my questions well but i'd like to know lang din the ff:

 

 

1) scope of adultery/concubinage (up to w/c point it cannot be denied? testimonies from the women? pictures on cellphones? text messages?)

 

2) automatic repercussions (will the unfaithful party have to be officially filed a case against before the spouse can seize control of assets? kasi what if you just want to protect the assets but don't want the father naman to go to jail? how much would she be entitled to? does she need to file for legal separation muna before getting control of the assets? can the kids do it in her stead? how much are the kids entitled to? can they seize control over properties 'given away' or 'bought' if these fall under conjugal property, like if the father bought the mistress a house? and what if mistress was named as an incorporator sa company, can she be removed from her post, so to speak, by virtue of her having an affair with a married man? ano pa kaya ibang penalties pede gawin dun sa mistress?)

[specs]

Thanx Linux.

Hope it works coz my wife is freakin out

[rocco69]

1) scope of adultery/concubinage (up to w/c point it cannot be denied? testimonies from the women? pictures on cellphones? text messages?)

 

Ang adultery ay kapag ang isang babaeng may-asawa ay makipagtalik sa ibang lalaki. Makipagsex lang siya, may krimen na.

 

Ang concubinage ay kung ang isang lalakeng may-asawa ay:

a) patitirahin sa bahay nilang mag-asawa ang kanyang kabit (bilang kabit simula sa simula ng pagtira dun)

b)makikipagtalik sa isang bababeng hinid niya asawa sa ilalim ng eskandalosong sitwasyon; o

c) makikisama sa ibang babae sa ibang lugar bilang mag-asawa

 

Depende sa ebidensya ang pagpapatunay nito. Kalimitan naman na ang pakikipagtalik ay hindi ginagawa sa lugar na marami ang nakakakita. Usually nga, ang nakakakita lang nito ay ang mga sangkot lang. Sa adultery, pwedeng gamitin ang picture sa cellphone at testimonya ng sangkot dito. Ang text message, medyo malabo pa, pero pwede ring gamitin kasama ang ibang ebidensya. Pag nagka-anak ang babaae at ito ay napatunayang hindi anak ng lalaki (at wala namang artificial insemination), yun ay mabigat na ebidensya ng adultery.

 

Sa concubinage, ang pakikipagtalik lamang sa ibang babae ay hindi concubibage. Kahit may pictures ka pa na nagtatalik sila, kung ito naman ay hindi ginawa sa eskandalosong sitwasyun (ang eskandaloso ay tulad, halimbawa, ng pakikipagtalik sa harap ng Rizal Monument), di ito concubinage. Walang kaso.

 

2)

i) automatic repercussions (will the unfaithful party have to be officially filed a case against before the spouse can seize control of assets?

 

walang automatic repercussions dito, kailangang may kaso, pero dahilan nga na ang pakikipagtalik ng isang lalaki sa iba ay di krimen, hindi criminal case ang kasagutan, kundi civil case lang. Sa ilalim ng Family Code, ang "legal separation" ay pwedeng isampa kapag ang lalaki ay nakipagtalik sa ibang babae.

 

ii) kasi what if you just want to protect the assets but don't want the father naman to go to jail?

 

as stated earlier, walang criminal case kapag sex lang ang nangyari.

 

iii) how much would she be entitled to?

 

ang importante, ang mag-asawa ay parehong may-ari ng kanilang ari-arian. Hindi ito pwedeng ibenta, ipamigay, o isangla ng walang pahintulot ng parehong mag-asawa. Kapag ginawa ito ng lalaki, pwedeng habulin ang mga ari-arian ng babae. KIeep in mind na pati ang sweldo ng lalaki ay pag-aari nilang pareho.

 

iv) does she need to file for legal separation muna before getting control of the assets?

 

kahit pa magfile siya ng legal separation, hindi lahat ng assets ay mapupunta sa babae, she will, however, get one-half. Kapag napatunayan na guilty si lalake ng pakikipagtalik sa iba, malaking porsyento ng parte niya ay ma-foforfeit at mapupunta sa kanilang mga anak (see Art 63[2], Family Code).

 

v) can the kids do it in her stead?

 

hindi pwede na ang mga anak ang magfa-file ng legal separation at ito ay personal lamang sa mag-asawa.

 

vi) how much are the kids entitled to?

 

kung may fofeiture, sila ay entitled dun sa share sa "net profits" sa ari-arian ng kanilang ama (see Art. 63[2] at 102[4] ng Family Code.

 

vii) can they seize control over properties 'given away' or 'bought' if these fall under conjugal property, like if the father bought the mistress a house?

 

The wife can file an action to recover, kasi nga di naman puwedeng ipamigay ng lalaki ang kanilang ari-arian sa iba without getting the consent of his wife (see Art. 96, Family Code).

 

viii) and what if mistress was named as an incorporator sa company, can she be removed from her post, so to speak, by virtue of her having an affair with a married man?

 

hindi ito actually ground for removal of a director kasi wala namang koneksyon sa pagpapatakbo ng corporation, pero if 2/3 of the stockholders vote to remove her, pwede, kahit walang dahilan

 

ix) ano pa kaya ibang penalties pede gawin dun sa mistress?)

 

Kung ito ay government employee, pwede siyang makasuhan sa Civil Service ng immorality

 

pasensya if i'm not phrasing my questions well but i'd like to know lang din the ff:

1) scope of adultery/concubinage (up to w/c point it cannot be denied? testimonies from the women? pictures on cellphones? text messages?)

 

2) automatic repercussions (will the unfaithful party have to be officially filed a case against before the spouse can seize control of assets? kasi what if you just want to protect the assets but don't want the father naman to go to jail? how much would she be entitled to? does she need to file for legal separation muna before getting control of the assets? can the kids do it in her stead? how much are the kids entitled to? can they seize control over properties 'given away' or 'bought' if these fall under conjugal property, like if the father bought the mistress a house? and what if mistress was named as an incorporator sa company, can she be removed from her post, so to speak, by virtue of her having an affair with a married man? ano pa kaya ibang penalties pede gawin dun sa mistress?)

[DELISYUS]

sabi ko nga am not phrasing my questions well

 

 

 

so ok... kung ang tatay ay nakikipagtalik/nakikipaglandian ng hubad sa kung sino-sinong babae at may pruweba nito (pictures nila habang nagtatalik/naglalandian ng hubad), ano yung civil case na pwedeng ipataw sa kanya?

 

and pwede ko rin ba itanong bakit ang laki ng diperensya ng status ng kaso/kailangang ebidensya sa adultery at concubinage? syempre am looking at it as parehong pagiging unfaithful... and parehong pag-create ng chance na magkaron ng anak outside of the marriage...

 

 

thanks so much po!