webmaster_ph Posted October 9, 2007 Share Posted October 9, 2007 @fryxxter: case closed; i assume? i agree. w/o documentary evidence of the so-called "training" they'd have a hard time proving it in court. Quote Link to comment
hmmidontknow Posted October 10, 2007 Share Posted October 10, 2007 @fryxxter: case closed; i assume? i agree. w/o documentary evidence of the so-called "training" they'd have a hard time proving it in court. i certainly hope so.... anyway thanks for the sympathy sir webmaster... but im still welcoming argument in the oppsite side....i must be prepare for those kind of argument.. in the future... and do what is necessary "preventioned is better than cure..." thanks a lot good lawyers.... Quote Link to comment
webmaster_ph Posted October 10, 2007 Share Posted October 10, 2007 better prepare to get a lawyer too; just in case. Quote Link to comment
charmed shannen Posted October 10, 2007 Share Posted October 10, 2007 A lessee has not been paying her rentals for more than 8 months. Despite repeated demands by the lessor, she refused to pay her arrears. Obviously irritated by the behavior of the lessee, the lessor went to the rented premises and obtained some appliances there. Now, lessee filed a case of coercion against the lessor. But the fiscal dismissed the coercion case but instead "upgraded" the crime to "robbery with force upon things". Questions: Is the act of fiscal legal?; Can the crime of coercion be "upgraded" to robbery? What are the possible remedies available for the lessor? thanks Quote Link to comment
pogingpogi2x Posted October 10, 2007 Share Posted October 10, 2007 Sir I got problem with credit card. they gave me an amnesty program sa payment unfortunately a small amount of 3k ang di ko nabayaran. after two months sinisingil nila ako ng more than 30k total overdue daw with interest of course. I am willing to pay naman kaya lang nagrequest ako sa knila ng statement of aacount para makita ko kun pano sila nag arrive sa ganun bill. ayaw nilang magbigay dahil total overdue na nga daw un. ngayon my tumawag sakin a certain tenyente guevarra at my warrant of arrest daw ako for swindling. and pa sheriff daw proprty ko. pwede ba nilang gawin un? Sir I got same problem, sa akin naman ginamit ng kaibigan ko yung pera tapos di sya makabayad yun ang katangahan ko. tapos ang laki ng sinisingil nila at ang laki ng interest. may ground ba talaga para mag kakaso or worst makulong ka? Quote Link to comment
agentjackbauer Posted October 10, 2007 Share Posted October 10, 2007 A lessee has not been paying her rentals for more than 8 months. Despite repeated demands by the lessor, she refused to pay her arrears. Obviously irritated by the behavior of the lessee, the lessor went to the rented premises and obtained some appliances there. Now, lessee filed a case of coercion against the lessor. But the fiscal dismissed the coercion case but instead "upgraded" the crime to "robbery with force upon things". Questions: Is the act of fiscal legal?; Can the crime of coercion be "upgraded" to robbery? What are the possible remedies available for the lessor? thanks This sounds like an exam question :hypocritesmiley: (1) Is the act of the fiscal legal? Yes, he has absolute authority to downgrade or upgrade the charge for as long as the Criminal Information has not been filed with the court yet and the said upgrading or downgrading has egal and factual bases. (2) See No. 1. (3) The remedy available to the lessor with regard to the non-paying lessee is to file a Complaint for Unlawful Detainer (more popularly known as Ejectment). Needless to say, the lessor must respond to the criminal charge against him by filing a Counter-Affidavit. Quote Link to comment
webmaster_ph Posted October 10, 2007 Share Posted October 10, 2007 A lessee has not been paying her rentals for more than 8 months. Despite repeated demands by the lessor, she refused to pay her arrears. Obviously irritated by the behavior of the lessee, the lessor went to the rented premises and obtained some appliances there. Now, lessee filed a case of coercion against the lessor. But the fiscal dismissed the coercion case but instead "upgraded" the crime to "robbery with force upon things". Questions: Is the act of fiscal legal?; Can the crime of coercion be "upgraded" to robbery? What are the possible remedies available for the lessor? thanks the lessor should have ejected the lessee. this is normally stated in the contract of lease. Quote Link to comment
mlpf Posted October 10, 2007 Share Posted October 10, 2007 This sounds like an exam question :hypocritesmiley: (1) Is the act of the fiscal legal? Yes, he has absolute authority to downgrade or upgrade the charge for as long as the Criminal Information has not been filed with the court yet and the said upgrading or downgrading has legal and factual bases. (2) See No. 1. (3) The remedy available to the lessor with regard to the non-paying lessee is to file a Complaint for Unlawful Detainer (more popularly known as Ejectment). Needless to say, the lessor must respond to the criminal charge against him by filing a Counter-Affidavit. The remedy of the lessor with respect to the criminal case for Robbery (the case has already been filed in court I assume) is to either file a Motion for Reconsideration before the Prosecutor's Office or a Petition for Review before the Department of Justice. Quote Link to comment
mlpf Posted October 10, 2007 Share Posted October 10, 2007 Sir I got same problem, sa akin naman ginamit ng kaibigan ko yung pera tapos di sya makabayad yun ang katangahan ko. tapos ang laki ng sinisingil nila at ang laki ng interest. may ground ba talaga para mag kakaso or worst makulong ka? Non-payment of a loan (including credit card bills) is normally not a ground for Estafa (swindling). It is a ground for a civil case for collection of a sum of money with damages. Quote Link to comment
pogingpogi2x Posted October 11, 2007 Share Posted October 11, 2007 Non-payment of a loan (including credit card bills) is normally not a ground for Estafa (swindling). It is a ground for a civil case for collection of a sum of money with damages. Thanks Sir. Regarding sa amnesty nila may sinsabi silang breach of contract? pag di ka kc naka bayad or na late ka i-chacharge ka nila ng buo plus charges, tapos they say i should hire daw a lawyer na kung di ako makabayad. Darating ba talaga sa punto na ganon? Quote Link to comment
webmaster_ph Posted October 11, 2007 Share Posted October 11, 2007 Regarding sa amnesty nila may sinsabi silang breach of contract? pag di ka kc naka bayad or na late ka i-chacharge ka nila ng buo plus charges, tapos they say i should hire daw a lawyer na kung di ako makabayad. Darating ba talaga sa punto na ganon? could'nt you file for bankruptcy? Quote Link to comment
mlpf Posted October 11, 2007 Share Posted October 11, 2007 Thanks Sir. Regarding sa amnesty nila may sinsabi silang breach of contract? pag di ka kc naka bayad or na late ka i-chacharge ka nila ng buo plus charges, tapos they say i should hire daw a lawyer na kung di ako makabayad. Darating ba talaga sa punto na ganon? The credit card companies have a legal department. They will not hesitate to sue anyone. If you are really unable to pay due to liquidity problems, one option is for you to file for bankruptcy under the Insolvency Law. You will have to hire a lawyer to help you though. Quote Link to comment
jps0218 Posted October 11, 2007 Share Posted October 11, 2007 Hi, I'm looking for a lawyer to take this case. Its kind of urgent, although the situation outlined is specific to me and unique there are around 11 employees willing to pursue the matter regarding unpaid separation pay and more on the sidelines. We've done some research on the matter but we would like to hear the opinion of a professional, if we can setup a meeting so details can be discussed. http://manilatonight.com/index.php?showtop...p;#entry4865033 Quote Link to comment
webmaster_ph Posted October 11, 2007 Share Posted October 11, 2007 The credit card companies have a legal department. They will not hesitate to sue anyone. If you are really unable to pay due to liquidity problems, one option is for you to file for bankruptcy under the Insolvency Law. You will have to hire a lawyer to help you though. why do offer amnesty when the amount to pay is much lesser than what was owed? Quote Link to comment
MyKaeLLa Posted October 11, 2007 Share Posted October 11, 2007 I'd like to ask for advice from the good lawyers of this thread: I am currently working with Employer A and am rendering the required 30 days' notice. I have already signed a contract with Employer B, to whom I'll be transferring when my 30-day service is complete. In the middle of serving in this period, Employer A offered me a more attractive package just for me to withdraw my resignation and stay with the company. My dilemma is: if I accept Employer A's offer, will I be liable for breach of contract with Employer B? What potential backlash would I be facing? Thank you very much for your advice. Quote Link to comment
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