legal Free Legal Advice

[Dr_PepPeR]

For our WISEMEN...

 

 

Sirs my brother's motorcycle was stolen at a paid parking last Nov.'07. It's a Suzuki Raider 150 that he paid for 3yrs and was only stolen in a matter of hours in a paid parking lot. As he states, he parked at around 1pm outside his school at Perps las pinas and went back to get the vehicle around 4pm and realize it as lost. The ticket remains w/ him. He reported the incident to the parking attendant w/c logged the whole story. Then went to police station for blotter. The next day I went assisted him to the scene and checked where he parked and where the attendants are, the ticketing booth (w/c was almost only 8-10 meters away from the stolen vehicle). Ask the attendants how his vehicle was stolen w/o surrendering the ticket. I asked for the person who I can talk w/ at Perps. I got the tel#s of Perps who I can talk w/ but all they say is that they don't have liablity to what happened. At the back of the ticket 1st states..."We are not liable for any lost of items, vehicles or damage to your vehicles", thats what they are telling us. But at the end of the ticket also states that...."Ticket must be surrendered upon exit of vehicle"! Days have past since the lost of our vehicle, nothing happened and little by little we're just accepting that it was lost.

 

 

My question Sirs..."Do we have a case against the parking owner/ attendants w/c we still can win? Even if days have past and we still have the ticket and formal blotter?

 

Also my concern is the money that will be spent for atty's fees. I know its not easy to sue...time and money is critical. We also don't know anybody w/c can help us w/ our legal problem that's why it also reached this day (PAO).

 

pls. help...need your advise.

 

 

eto yung mga problema na nangyayari sa atin ehmay mga limit of liabilities and mga parking lot operators for damages, stolen items or stolen vehicles.

i am not a lawyer, but imho, may case pa din yan against the parking owner or attendants dahil they are charging for the maintenance and upkeep of the area. and besides, may onting conflict dun sa terms na naka print sa ticket mo which is "the ticket must be surrendered upon exit of the vehicle". even though may sinurrender na parking ticket yung nagnakaw ng motorcycle, it is the responsibility of the attendant to make sure that the plate number written on the ticket is equal to the plate number of the motorcycle. i am sure this will be a long case, wherein if you have other options like insurance of the motorcycle, i think it is better to go to that option.

 

sa PAO naman, may financial considerations ata before they can consider you. i think you have to receive a certain salary a month (i really don't know how much), before they can consider it.

 

a suggestion though, why not approach the Integrated Bar of the Philippines kung talagang maghahabol kayo dun sa parking lot owners/attendants? Or baka may mga kind hearted lawyers dito who can charge you at a lower cost.

 

Clauses appearing on contracts of adhesion limiting liability of the operator, like those in the parking ticket will not protect the parking operator if there was negligence on their part, which appears to be the case here, considering that it was taken out without the parking stub. I have seen drivers who have lost their tickets showing their registration and driver's license to the guards to prove that they are really the authorized drivers of those vehicles, and which details are taken down in a logbook by the guards. But of course you may have to file a court case, and you already know that this takes time and money and patience.

[mlpf]

sa PAO naman, may financial considerations ata before they can consider you. i think you have to receive a certain salary a month (i really don't know how much), before they can consider it.

 

If I am not mistaken, the PAO will accept a civil case if it has merit and your monthly family income does not exceed Php 16,000.00.

[jettison_last]

I'm not sure if this should be posted here though, but just the same...

 

How/where do you report a business/office that has been setup locally but is operating without the necessary licenses, permits, registration, what-not? Also will that office be considered a "business" even though that office is not doing business per se, nor soliciting clients locally but is merely a back-office with the hq in the US?

 

thanks

[maxsurban77]

Legally, No.

 

As long as she gives a proper turnover, that's enough.

 

Here are some considerations: True that the labor code stipulates a 30 day notice, but your wife cannot be forced to work, notwithstanding as the latter will constitute involuntary servitude. Company will have a ground to sue for damages though if 30 days notice will not be complied. Of course, one could come up with so many defenses such as health, family situation, turn over has been made, etc. Company seldom pursue case against an employee who does not want to work for them

[Google]

I'm not sure if this should be posted here though, but just the same...

 

How/where do you report a business/office that has been setup locally but is operating without the necessary licenses, permits, registration, what-not? Also will that office be considered a "business" even though that office is not doing business per se, nor soliciting clients locally but is merely a back-office with the hq in the US?

 

thanks

 

 

hmmm. sa SEC.. tapos BIR for taxes.. even your local mayor's office for the presence of the necessary business permits.

[jojobata]

here's a question - is pornographic film production legal in the Philippines?

[Talahib]

eto yung mga problema na nangyayari sa atin ehmay mga limit of liabilities and mga parking lot operators for damages, stolen items or stolen vehicles.

i am not a lawyer, but imho, may case pa din yan against the parking owner or attendants dahil they are charging for the maintenance and upkeep of the area. and besides, may onting conflict dun sa terms na naka print sa ticket mo which is "the ticket must be surrendered upon exit of the vehicle". even though may sinurrender na parking ticket yung nagnakaw ng motorcycle, it is the responsibility of the attendant to make sure that the plate number written on the ticket is equal to the plate number of the motorcycle. i am sure this will be a long case, wherein if you have other options like insurance of the motorcycle, i think it is better to go to that option.

 

sa PAO naman, may financial considerations ata before they can consider you. i think you have to receive a certain salary a month (i really don't know how much), before they can consider it.

 

a suggestion though, why not approach the Integrated Bar of the Philippines kung talagang maghahabol kayo dun sa parking lot owners/attendants? Or baka may mga kind hearted lawyers dito who can charge you at a lower cost.

 

 

 

Thanks for the reply sir!

[bonito99]

Now that's a trick question.

 

[LordJaden]

Sirs, eto po situation and then question ko. I am currently working as bldg. administrator. The bldg that i am managing is now to be leased to another company. I have worked here for 8 years already and I can say that I am a valued employee. My boss wants to transfer me to his other company probably in the same capacity also and salary range although final talks will be done in a week or so. My question is don't they have the obligation to pay me my separation pay if I decide not to accept their offer? The situation in the company where I will be transferred is not so good as compared to my present job here and I fear that once transferred there, I might eventually decide to resign and thus lose my opportunity to get a separation pay. Although the company that I presently work for and the company where I will be transferred are both owned by one person, they are different entities, with different SEC registrations, etc.

 

Thanks po..

[aspirecaptured]

Hello guys, I had a problem regarding BIR. My family has a business and we pay right on time, the problem is BIR is telling us that we did not declare the exact amount in 2005.. 2008 na bakit ngaypn lang to? My mother was thinking na baka humihingi ng lagay.. Tsk.. Tsk.. Any solutions? Thanks!

[Talahib]

Clauses appearing on contracts of adhesion limiting liability of the operator, like those in the parking ticket will not protect the parking operator if there was negligence on their part, which appears to be the case here, considering that it was taken out without the parking stub. I have seen drivers who have lost their tickets showing their registration and driver's license to the guards to prove that they are really the authorized drivers of those vehicles, and which details are taken down in a logbook by the guards. But of course you may have to file a court case, and you already know that this takes time and money and patience.

 

 

 

Sir thanks for the advise....highly appreciated. I guess we just have to accept the fact that our bike was stolen.

 

 

rgrds,

talahib

[jojoendejr]

Sirs, eto po situation and then question ko. I am currently working as bldg. administrator. The bldg that i am managing is now to be leased to another company. I have worked here for 8 years already and I can say that I am a valued employee. My boss wants to transfer me to his other company probably in the same capacity also and salary range although final talks will be done in a week or so. My question is don't they have the obligation to pay me my separation pay if I decide not to accept their offer? The situation in the company where I will be transferred is not so good as compared to my present job here and I fear that once transferred there, I might eventually decide to resign and thus lose my opportunity to get a separation pay. Although the company that I presently work for and the company where I will be transferred are both owned by one person, they are different entities, with different SEC registrations, etc.

 

Thanks po..

 

You are right! If you rersign, you are no longer entitled to separation pay. So what's the best step to take? Do not resign. Once your present position is terminated by reason of the lease and eventuazl take-over of the new administration, you are automatically entitled to all your benefits. Bear in mind that once your present employment is terminated, your transfer is legally considered as a new employment. As you said your present work place and the prospective transferree are two distinct juridical entities separately registered at SEC. Even if you decide not to accept the offered new position, you are still entitled to your benefits (13th month, accrued leave benefits, etc.) as well as separation fee. Regards!

[jojoendejr]

Hello guys, I had a problem regarding BIR. My family has a business and we pay right on time, the problem is BIR is telling us that we did not declare the exact amount in 2005.. 2008 na bakit ngaypn lang to? My mother was thinking na baka humihingi ng lagay.. Tsk.. Tsk.. Any solutions? Thanks!

 

 

I will not keep from you the fact that I my line is in criminal law although I handle corporate cases every now and then coz of my retained clients. However, I will give you pointers about my actual experience which ended in a favorable (to me and my client's) interest:

 

1. First, This is the beginning of the first quarter of the year kaya't tax people are also beginning to review taxpayer's old accounts. That is most probably the reason kaya ngayon lang sila sumulat sa inyo.

 

2. Write a letter asking for a reconsideration addressed to the BIR Regional director (where the BIR letter came from). Tell them that your 2005 financial audit was prepared after taking into account all your documents and that when it was filed for that taxable year, the BIR examiner/assessor who handled your 2005 account did not call your attention to any discrepancy, if any and that consequently, it led to your honest belief that nothing is amiss (after all, it was approved at that time by BIR, right?). Ask for a reconsideration if the amount being charged may be waived. If not, at least ask for a probable discount with waiver of whatever penalty is being charged. Deliver the letter personally to the BIR.

 

3.Follow-it up personally after having it received. Most possibly, you will be referred to a BIR examiner who will handle your account and possible favorable action.

 

4. In the similar cases I handled like this, this strategy never failed so I hope, it will also benefit you. Regards!

[MNdMud4s3x]

question po. if the summons from the prosecutor were not received by the respondent as the respondent is erroneously identified, thereafter, the crim case was resolved by the prosecutor on the basis of the complaint, does the respondent have any recourse now that the case is pending in court? what is the time frame for the filing of the case in court if the case is slight physical injuries (two counts)

[mlpf]

question po. if the summons from the prosecutor were not received by the respondent as the respondent is erroneously identified, thereafter, the crim case was resolved by the prosecutor on the basis of the complaint, does the respondent have any recourse now that the case is pending in court? what is the time frame for the filing of the case in court if the case is slight physical injuries (two counts)

 

File a motion for reinvestigation in court within ten days from the time you learned of the filing of the case against you. However, the judge has the discretion whether or not to grant your motion. A case of slight physical injuries is considered a light offense. Some judges would rather continue with the court case instead of ordering a reinvestigation. More often than not, the accused will just file his counter-affidavit and those of his witnesses and proceed with the court case.