legal Free Legal Advice

[massajr]

How does she go about to ask for support from his father?

 

so long as di niya kayang buhayin ang sarili niya, makakahingi siya (kahit me trabaho na, kahit nasa edad na).

demand letter muna, pag di sumunod sa demand letter, kailangan niyang maghabla (kumuha ng abugado)

 

kung siya ay minor, pwede niyang sampahan ng criminal case for child abuse ang ama niya (bumabagsak sa child abuse ang di pagsuporta sa anak)

 

Can her mother also ask for support from her husband too?

 

kung di rin kayang buhayin ng ina ang sarili niya, pwede rin siyang humingi ng suporta. demand letter din muna, tapos pag di sumunod, habla din sa korte

 

Can she & her mother legally force their father to give them support?

 

Oo, pero kailangan nilang magfile sa korte ng action for support

 

if yes, what steps should she carry in order to do this?

 

should she & her mother file separately?

 

yes, they can do this separately pero it's cheaper and more convenient to file a consolidated case

 

she also has 1 brother & 1 sister from the same father, can they also claim support too?

 

yes, all of them can claim

 

dear sir,

 

do they need to show proof that the father is capable of supporting them?

like source of income? properties owned by the father?

what if the father would not produce proof of his sources of income (either legitimate or illegitimate sources of income) , or put his ownership of his properties in the names ohter than himself?

Could they still ask the court for support from the father?

 

thanks

[rocco69]

in support cases, isang magandang depensa ang pagsasabi na kulang din ang kinikita ng taong hinihingan ng suporta (kung wala nga namang pera yung tao, kahit ano pa ang pangangailangan mo, di rin nya kayang tustusan, tsaka bago ang iba, siyempre kailangan muna niyang buhayin ang sarili).

 

Dahil dito, kailangang handa kang patunayan na may pera, ari-arian o pinagkakakitaan talaga yung taong hinihingan mo ng suporta. Ang una kasing reaction ng taong hinahabla ay ang magsabi na wala siyang pera para bumuhay ng iba.

 

Note, however, na pwedeng ipatawag yung tao ng korte upang interbyuhin (under oath) tungkol sa mga properties niya. Pag nagsinungaling siya, perjury yun.

 

Kapag inilagay naman niya sa ibang pangalan yung ari-arian niya, pwede pa rin itong habulin (mangangailangan talaga kayong kumunsulta sa abugado tungkol dito).

 

dear sir,

 

do they need to show proof that the father is capable of supporting them?

like source of income? properties owned by the father?

what if the father would not produce proof of his sources of income (either legitimate or illegitimate sources of income) , or put his ownership of his properties in the names ohter than himself?

Could they still ask the court for support from the father?

 

thanks

[dylandark]

Dear Lawyers,

 

What do you think is the rationale of the 13th month pay law? what's the lawmakers reason on implementing this law? why stop at 13th when we've got 14,15 or 20th.?

Thanks

[duralife]

Dear Lawyers,

 

What do you think is the rationale of the 13th month pay law? what's the lawmakers reason on implementing this law? why stop at 13th when we've got 14,15 or 20th.?

Thanks

 

 

PRESIDENTIAL DECREE NO. 851

REQUIRING ALL EMPLOYERS TO PAY THEIR EMPLOYEES

A 13th-MONTH PAY

 

 

WHEREAS, it is necessary to further protect the level of real wages from the ravage of worldwide inflation;

 

WHEREAS, there has been no increase in the legal minimum wage rates since 1970;

 

WHEREAS, the Christmas season is an opportune time for society to show its concern for the plight of the working masses so they may properly celebrate Christmas and New Year.

 

NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me by the Constitution, do hereby decree as follows:

 

Section 1. All employers are hereby required to pay all their employees receiving a basic salary of not more than P1,000 a month, regardless of the nature of their employment, a 13th-month pay not later than December 24 of every year.

 

Sec. 2. Employers already paying their employees a 13th-month pay or its equivalent are not covered by this Decree.

 

Sec. 3. This Decree shall take effect immediately.

 

Done in the City of Manila, this 16th day of December 1975.

 

 

 

Good for you that you have a better benefits than most of the Filipino workers...

[jojoendejr]

hi peeps.

 

last september 2006 nakabili ako ng kotse. wala kaming deed of sale kasi ang sabi sa akin naka financing ang car kaya ako na lang ang magtutuloy.. a downpayment of 140k and a monthly of 8k.

 

yon ang akala ko nung una.. pero lately kasi di na sya nagpakita. then it turned out na nakasangla pala ang car.

 

so nagtaka na ako i contacted his cousin, di na nga raw nagpakita at marami na syang pinagkautangan.

 

tinawagan ko yong akala kong bank na nag financing and then turned out na nakasangla pala ang kotse. pero kanya talaga ang kotse at naksangla lang pala. in short naloko ako. nagtiwala kasi agad ako since close friend ko ang cousin nya.

 

ano po bang pwede kong gawin. july 2008 ang maturity date ng car. so pwede mahila sa akin that time kung makita ang car.

ngayon katext ko yong legal department ng bank na pinagkasanglaan. anong pwedeng sabihin ko sa kanya.

wala pa naman akong complete identity sa kanila. ano kayang pwde kong gawin.

 

pwde ko bang itago na lang ang car kasi wala naman akong utang sa bangko at hindi naman ako ang may utang sa kanila.

or pwede ko bang i pa chop chop na lang ang car para mabawi ko man lang ang mga naibayad ko.

 

 

The replies of the other pañeros are legally sensible. But based on your statements, it sounds more like estafa to me. Perhaps you should try looking for that guy's whereabouts and contact a lawyer if you decide to file an estafa case against him.

[sexythang]

any lawyers (preferably immigration lawyer) available here for consultation? i have a problem with my ex-employer. medyo mahaba e, sana someone i can talk over the phone, in person or chat.

[alexzander]

mga bossing, hingi lang po sana ng advice on how to proceed in getting an insurance company of the taxi that bumped my car to fix up my damaged car. ito po yung story. a taxi bumped my car. lumabas na yung police report and the report shows that kasalanan talaga nung taxi. i already have a xeroxed copy of my car's OR/CR, drivers license and a copy of the police report for the insurance company ready. wala pong insurance yung sasakyan ko. eto po mga tanong ko po.

 

1. gusto ko po sa kasa ng toyota ipa-ayos yung car ko po, pede po ba ito at may karapatan bang tumanggi yung insurance?

 

2. sapat na po ba yung OR/CR, driver's license ko po at police report para maumpisahan gawin yung sasakyan ko?

 

3. hinahanapan pa ako ng certificate of no claim nung ahente ng insurance ng naka-bangga sa akin. may karapatan ba akong ipa-waive yun kasi wala nga akong insurance.

 

salamat po ng marami in advance sa makakapagreply sa queries ko po...

[BlackDiamond]

Sir, what if the father and mother are not in speaking terms for say like, 10 years,

Is there any way that the father can be kicked out if he does not provide support for ten years giving an alibi that "he does not have enough money to support himself" this is also given the fact that he is not excerting any effort to get a job.

 

The father has an illegitimate child that he only discloses with one of his legitimate children, he also has a girlfriend other than the mother of the illegitimate child.

He refuses to talk to the eldest with regards to fixing the current situation since he benefits from the current set-up (no rent , no bills) all of the bills are shouldered by the mother and children. In short, the father refuses to deal with the issue since he is a freeloader.

 

The mother is willing to file for annulment if she can afford it. My question is:

 

1.)Can the father be kicked out of the house?

2.)Can the father be charged for neglect of marital obligations?

3.)What is the best way to get out of the situation?

 

Thank you very much

[ramsstein21]

A frend of mine has a gf who already has a child. The child currently have her mom's surname kasi di naman nakapirma yung tatay nung bata sa birth cert.. Is there any way possible na maging surname nung frend ko yung gagamitin nung bata since di naman nakapirma yung tatay?

[fr0st06]

help naman po... may bond kasi ako sa company ko now na 1 year worth 100K. now, ayaw ko ng tapusin ang 1 year contract. ano gagawin nila sakin eh kung ayaw ko na talaga mag work sa kanila? hindi ko naman kaya bayaran ganun kalaking bond. ano pwede nila gawin sakin? tnx...

[BlackDiamond]

kung callcenter yan they rarely pursue it.. that's based on experience though...

[duralife]

A frend of mine has a gf who already has a child. The child currently have her mom's surname kasi di naman nakapirma yung tatay nung bata sa birth cert.. Is there any way possible na maging surname nung frend ko yung gagamitin nung bata since di naman nakapirma yung tatay?

 

yes, your friend should adopt the child of his gf.

[prespirit26]

Got question. Do certain company can formulate rules that they can force their employees to work during holidays even thougth its nature of business is a manufacturing? I've search the Labor code but seems that It wont shows that they can force employees to work during holidays and it they can discharge the said employees who did not work during that day?

[Dr_PepPeR]

Got question. Do certain company can formulate rules that they can force their employees to work during holidays even thougth its nature of business is a manufacturing? I've search the Labor code but seems that It wont shows that they can force employees to work during holidays and it they can discharge the said employees who did not work during that day?

 

If you had known that the company operates even during holidays before you signed an employment contract, then you would have no course of action. On the other hand, if the company, due to certain business exigencies (like if they have to fill a rush order), requires the employees to work on holidays, then they can ask the employees to report on holidays, provided that they pay the equivalent holiday pay scale. As to whether the employees can be discharged for not reporting on that day, generally they can't do that, unless the reason for termination is justified and due process is followed.

[rudolf]

my wife is a narcissist (NPD), we ended up arguing and fighting over almost everything,

 

now we want to have our separate ways, but still she wants to hoard the money and have the ATM card (from my payroll) with her and she will be the one to give me money.

 

I dont want to discuss this with her anymore because no one can win over a narcissist.

 

What I want to do is when were separated, I will obtain a new ATM card, and tell her later.

 

Any suggestion, what she can do legally, aside from harrassing me? Of course I will give her and my son fairshare of the money

 

Thank you

Edited January 2, 2008 by rudolf