legal Free Legal Advice

[MNdMud4s3x]

mga atty ka mtc uso ba sa atin dito sa pinas ang kaso misrepresentation? bale dealer ako ng isa sikat na product tapos para lang makuha ng ahente mga commision nya he told us nasa top three kami sa awardee, so kami naman kuha kahit madami pa stock tsk. another thing mga tao ko lang ang witnesses paro lahat willing to testify against him. ano parusa sa ganito? thanks in advance

 

as a rule, there is no cause of action for misrepresentation per se, unless otherwise, provided by law or the contract.

 

sa tingin ko sa kaso mo pre, la naman contract existing between you and the agent. given the facts, it appears that you relied solely on his MISREPRESENTATION which caused loss on your part. kung baga, nag sales talk lang siya sayo tapos naniwala ka naman. that is allowed.

 

the bitter fact is, you incurred losses and pano mo mahahabol to? from the given facts, wala ka magagawa dun. there was injury on your part but there is no damage which could be a reason for you to go after the agent:damnum absque injuria.

 

i would suggest that you continue marketing the surplus products you ordered para di ka na lang malugi. :cry:

[jon]

as a rule, there is no cause of action for misrepresentation per se, unless otherwise, provided by law or the contract.

 

sa tingin ko sa kaso mo pre, la naman contract existing between you and the agent. given the facts, it appears that you relied solely on his MISREPRESENTATION which caused loss on your part. kung baga, nag sales talk lang siya sayo tapos naniwala ka naman. that is allowed.

 

the bitter fact is, you incurred losses and pano mo mahahabol to? from the given facts, wala ka magagawa dun. there was injury on your part but there is no damage which could be a reason for you to go after the agent:damnum absque injuria.

 

i would suggest that you continue marketing the surplus products you ordered para di ka na lang malugi. :cry:

 

 

maraming2 salamat dorb (brod) i notice magkasunod pasok natin dito mtc oldtimers ba ga, pahabol na question e kung gusto ko lang mag scandal ng konti? i would just like to make some noise na hinabla ko yung ahente especially sa company nya, dami din kasi asar sa kanya dun masyadong yumabang dahil nga naabot nya madali target sales nya, gagastos ako yes and mag mumukha ako doble talo pero lam mo na gusto ko lang mapahiya sya. so maybe sasagot mo "its up to me" heheh. last parting word of wisdom from you dorb? thanks

 

 

as a rule, there is no cause of action for misrepresentation per se, unless otherwise, provided by law or the contract.

 

sa tingin ko sa kaso mo pre, la naman contract existing between you and the agent. given the facts, it appears that you relied solely on his MISREPRESENTATION which caused loss on your part. kung baga, nag sales talk lang siya sayo tapos naniwala ka naman. that is allowed.

 

the bitter fact is, you incurred losses and pano mo mahahabol to? from the given facts, wala ka magagawa dun. there was injury on your part but there is no damage which could be a reason for you to go after the agent:damnum absque injuria.

 

i would suggest that you continue marketing the surplus products you ordered para di ka na lang malugi. :cry:

 

 

maraming2 salamat dorb (brod) i notice magkasunod pasok natin dito mtc oldtimers ba ga, pahabol na question e kung gusto ko lang mag scandal ng konti? i would just like to make some noise na hinabla ko yung ahente especially sa company nya, dami din kasi asar sa kanya dun masyadong yumabang dahil nga naabot nya madali target sales nya, gagastos ako yes and mag mumukha ako doble talo pero lam mo na gusto ko lang mapahiya sya. so maybe sasagot mo "its up to me" heheh. last parting word of wisdom from you dorb? thanks

 

 

as a rule, there is no cause of action for misrepresentation per se, unless otherwise, provided by law or the contract.

 

sa tingin ko sa kaso mo pre, la naman contract existing between you and the agent. given the facts, it appears that you relied solely on his MISREPRESENTATION which caused loss on your part. kung baga, nag sales talk lang siya sayo tapos naniwala ka naman. that is allowed.

 

the bitter fact is, you incurred losses and pano mo mahahabol to? from the given facts, wala ka magagawa dun. there was injury on your part but there is no damage which could be a reason for you to go after the agent:damnum absque injuria.

 

i would suggest that you continue marketing the surplus products you ordered para di ka na lang malugi. :cry:

 

 

maraming2 salamat dorb (brod) i notice magkasunod pasok natin dito mtc oldtimers ba ga, pahabol na question e kung gusto ko lang mag scandal ng konti? i would just like to make some noise na hinabla ko yung ahente especially sa company nya, dami din kasi asar sa kanya dun masyadong yumabang dahil nga naabot nya madali target sales nya, gagastos ako yes and mag mumukha ako doble talo pero lam mo na gusto ko lang mapahiya sya. so maybe sasagot mo "its up to me" heheh. last parting word of wisdom from you dorb? thanks

[jojoendejr]

oh sorry heres the case. i had an ex fubu. shes a decent goodlooking girl with a good career but she extremly horny. when i stopped seeing her because of i kinda feel she was falling for me na, she texted me na she will destroy my family so that my wife will leave me and i can be hers na. She even has sex video and photos of us which she threatens to show my wife given the chance. Thats why i asked if i can get the same protection as the VAWC me being a guy

 

 

U mean u gave her ur true address? And u even had a sex video taken? Shucks! U committed the mortal sin among chickboys! Hehe.

 

Mabigat nga problem mo. But u know, ang isang taong determined to do something, will move heaven and hell to do it. Just look at the assassins of Washington, Ninoy, etc. They won't care even if they got killed in the attempt. This means, ur problem is beyond legal. Why don't u just meet her and explain that it will not do both of u any good if she insist on her demands? Kahit guluhin niya ang misis mo, that doesn't mean na siguradong iiwan ka ni misis. And even if ur wife leaves you, there is nothing that can force you to be with that ex-fubu if ur decision is to get away from her. Try diplomacy pare.

 

Pag wala pa ring mangyari, i-ignore mo na lang. In my legal experience, I sometimes get threats. But its just that. Mere threats. Siyempre, pag gagawan ka ba ng masama ng isang tao, magpapaalam pa muna sa iyo? Just a brotherly advice from me.

[Meloy]

U mean u gave her ur true address? And u even had a sex video taken? Shucks! U committed the mortal sin among chickboys! Hehe.

 

Mabigat nga problem mo. But u know, ang isang taong determined to do something, will move heaven and hell to do it. Just look at the assassins of Washington, Ninoy, etc. They won't care even if they got killed in the attempt. This means, ur problem is beyond legal. Why don't u just meet her and explain that it will not do both of u any good if she insist on her demands? Kahit guluhin niya ang misis mo, that doesn't mean na siguradong iiwan ka ni misis. And even if ur wife leaves you, there is nothing that can force you to be with that ex-fubu if ur decision is to get away from her. Try diplomacy pare.

 

Pag wala pa ring mangyari, i-ignore mo na lang. In my legal experience, I sometimes get threats. But its just that. Mere threats. Siyempre, pag gagawan ka ba ng masama ng isang tao, magpapaalam pa muna sa iyo? Just a brotherly advice from me.

 

thanks for the advice bro. She was with me for 2 years and her parents kinda found out about us na bec of what she did and its actually the parents pushing her to do such stuff. i evven offered her money just to stay away pero she declined it. i'll keep your advice in mind.

[MNdMud4s3x]

maraming2 salamat dorb (brod) i notice magkasunod pasok natin dito mtc oldtimers ba ga, pahabol na question e kung gusto ko lang mag scandal ng konti? i would just like to make some noise na hinabla ko yung ahente especially sa company nya, dami din kasi asar sa kanya dun masyadong yumabang dahil nga naabot nya madali target sales nya, gagastos ako yes and mag mumukha ako doble talo pero lam mo na gusto ko lang mapahiya sya. so maybe sasagot mo "its up to me" heheh. last parting word of wisdom from you dorb? thanks

 

write the CEO or team manager nya or whoever has charge over the agent. just so to inform him how he got the quota hes bragging about. make the company realize that their agents have bad marketing practices, they deviate from the corporate policies, etc.,. point out that this will make them lose clients, etc., if this continues. name the agent. demand that proper action fro the management for a continued transaction with your company. :thumbsupsmiley:

[RSSS]

My mom received a registered mail yesterday from the homeowners association of a certain village. We were shocked when the letter states that my mom owes them 100k+ for the association dues. That includes 60k+ penalty that was imposed, since the letter states that she did not pay the dues since 1980.

 

My mom said that she will pay the association dues right away but for the penalty, she wanted they must waive it for the following reason:

 

She does not go to that place for a long time already so she wasen't aware of the rules the association makes. Since she is a member, she should be sent mails about new or changes made about the policies of the association. First of all she must be notified upon the first year when she did'nt pay the dues. She was not notified or mailed about the fees since 1980. They only informed her now when the dues had piled up. Thats why the penalty is more than the association dues.

 

To all lawyers here or people who have encountered this, what advise can you make regarding this dilemma? Thank you in advance.

[kadafy]

mga paps, baka naman po may contact num kayo ng law office ni atty. katrina legarda. a friend wants to get her services for her annulment case. pa-pm na lang po if ever. thanks a bunch!

[Roubaix]

mga paps, baka naman po may contact num kayo ng law office ni atty. katrina legarda. a friend wants to get her services for her annulment case. pa-pm na lang po if ever. thanks a bunch!

 

Check the yellow pages, her firm is listed there. But I warn you, to get her services personally is going to be at least 6 figures for the acceptance fee.

[kadafy]

Check the yellow pages, her firm is listed there. But I warn you, to get her services personally is going to be at least 6 figures for the acceptance fee.

 

 

thanks man. already tried that. called all the firms with "legarda". no success. perhaps you can give me the name of her firm?

 

thanks for the heads-up. i'm pretty sure my friend has an idea how much legarda's sevices will cost her.

[MNdMud4s3x]

My mom received a registered mail yesterday from the homeowners association of a certain village. We were shocked when the letter states that my mom owes them 100k+ for the association dues. That includes 60k+ penalty that was imposed, since the letter states that she did not pay the dues since 1980.

 

My mom said that she will pay the association dues right away but for the penalty, she wanted they must waive it for the following reason:

 

She does not go to that place for a long time already so she wasen't aware of the rules the association makes. Since she is a member, she should be sent mails about new or changes made about the policies of the association. First of all she must be notified upon the first year when she did'nt pay the dues. She was not notified or mailed about the fees since 1980. They only informed her now when the dues had piled up. Thats why the penalty is more than the association dues.

 

To all lawyers here or people who have encountered this, what advise can you make regarding this dilemma? Thank you in advance.

 

better talk to the officers of the association. follow your agrument "First of all she must be notified upon the first year when she did'nt pay the dues. She was not notified or mailed about the fees since 1980. They only informed her now when the dues had piled up. Thats why the penalty is more than the association dues". hindi dapat ganito ang nangyari if she has been notified.

 

As a rule, a party cannot be considered in default when there is no demand or notification. Corollary, notwithstanding the demand, surcharges shall not automatically accrue without a stipulation in the contract, by-laws, issuance, etc of the association. Moreover, the law provides that the provision in the contract should explicitly state that surcharges shall acrrue in case of default even without prior notification.

 

Yan ang mga precepts na pwede nyong gamitin to deny liability for the surcharges.

 

I suggest that you get a copy of the by laws or issuances of the association. look for provisions regarding the accrual of surcharges in case of default in the payment of asso dues. dapat explicit it at kung anung rate ang surcharges. kung wala nun, you can always deny payment of the surcharges. Anyways, the association will most likely agree on settling the issue, kung dues din lang naman ang usapin.

[linux_distro]

This is one instance you should not ignore the demand letter as it looks like the association is preparing to file a collection suit. May I suggest you write the association a letter explaining your position why you are not paying the penalty, and that you are tendering the full amount for the association dues. You deliver the letter together with the amount; have the letter properly received and the amount receipted. The receipt may indicate that the amount you paid refers only to the dues and that excludes the penalties. You can ask HLURB at 9273061 for additional advice, also ask HLURB if the association has lost its right to collect the dues after certain number of years - prescription.

 

Good luck.

 

My mom received a registered mail yesterday from the homeowners association of a certain village. We were shocked when the letter states that my mom owes them 100k+ for the association dues. That includes 60k+ penalty that was imposed, since the letter states that she did not pay the dues since 1980.

 

My mom said that she will pay the association dues right away but for the penalty, she wanted they must waive it for the following reason:

 

She does not go to that place for a long time already so she wasen't aware of the rules the association makes. Since she is a member, she should be sent mails about new or changes made about the policies of the association. First of all she must be notified upon the first year when she did'nt pay the dues. She was not notified or mailed about the fees since 1980. They only informed her now when the dues had piled up. Thats why the penalty is more than the association dues.

 

To all lawyers here or people who have encountered this, what advise can you make regarding this dilemma? Thank you in advance.

[archer_fox]

gud day sir,,regarding ito sa auto loan,,,nag loan kami sa bpi,,,ipinangalan ito sa kapatid ko na babae...pro ako ang nagbabayad sa bangko,,,me incident na gusto nya kuhanin yung sasakyan ay di ko binibigay sa kanya knowing na ako ngbabayad,,nasa cutody ko ito ngayon,,,kung legal ang paguusapan,,talo tlga ako kasi nakapangalan sa kanya,,,ano ho ba ang pwede ko gawin dto...

[RSSS]

@ MNdMud4s3x & linux_distro:

 

Thank you for your inputs sir, it helped a lot since I really don't know anything when it comes

with the laws of those homeowner's associations. I hope this would be settled in our favor.

 

BTW what does HLURB stands for?

[mlpf]

@ MNdMud4s3x & linux_distro:

 

Thank you for your inputs sir, it helped a lot since I really don't know anything when it comes

with the laws of those homeowner's associations. I hope this would be settled in our favor.

 

BTW what does HLURB stands for?

 

Housing and Land Use Regularity Board. It is located along Kalayaan Avenue right next to the QC Hall.

[mlpf]

gud day sir,,regarding ito sa auto loan,,,nag loan kami sa bpi,,,ipinangalan ito sa kapatid ko na babae...pro ako ang nagbabayad sa bangko,,,me incident na gusto nya kuhanin yung sasakyan ay di ko binibigay sa kanya knowing na ako ngbabayad,,nasa cutody ko ito ngayon,,,kung legal ang paguusapan,,talo tlga ako kasi nakapangalan sa kanya,,,ano ho ba ang pwede ko gawin dto...

 

Does your sister give you any written receipt every time you give her the monthly payment? You need proof that the money used for paying the car loan in the name of your sister actually came from you.

[Dr_PepPeR]

Does your sister give you any written receipt every time you give her the monthly payment? You need proof that the money used for paying the car loan in the name of your sister actually came from you.

 

This is easy to prove. If you paid by checks, just get the returned checks from your bank. If it was via direct deposit, then just keep the deposit slips. If you paid directly, then you would have the OR for the amortizations. If you gave the cash to your sister without any receipt, well then it would be a bit more difficult.

[darth_johnnie_walker]

To MTC's GreaT Lawyers,

 

I've been in an accident recently with another car and sad to say

 

its my fault.. Wala naman ako balak takbuhan kaso madyo di ko kasi

 

masyado kasundo yung nkabanga ko,mdyo ayaw kasi makipag-usap ng

 

maayos.. In short,gusto ko na sana takbuhan.. Kinuha nya plate number

 

and number ng linsensya ko,kaso di ko binigay exact details ko (address

 

and name).. Balak ko sana is lost lisence ko na lang lisensya ko para di nila ko

 

mahabol na.. Advise nyo sana ko kung tama gagawin ko at kung may habol

 

pa sa akin yung other party..

 

Tnx..

 

DJW

Edited February 13, 2008 by darth_johnnie_walker

[ej_qn]

Mga sirs/maam,

 

do you know any labor attorneys? Really need a labor attorneys input. Nagkaka gulangan na sa sweldo ng kapatid ko eh. Could you pls pm me. Salamat po ng malaki.

[moichi]

sirs,

 

question po. yung company ng sister ko may isasara na dept.

 

buong dept i-outsource nila sa agency.

 

di po ba bawal yun?

 

 

sirs,

 

question po. yung company ng sister ko may isasara na dept.

 

buong dept i-outsource nila sa agency.

 

di po ba bawal yun?

[Google]

sirs,

 

question po. yung company ng sister ko may isasara na dept.

 

buong dept i-outsource nila sa agency.

 

di po ba bawal yun?

 

 

sirs,

 

question po. yung company ng sister ko may isasara na dept.

 

buong dept i-outsource nila sa agency.

 

di po ba bawal yun?

 

hindi po bawal yun. its a management prerogative on when to outsource or do things in-house, because of cost efficiency.

but they have to either, re-assign the affected employee in an another department or kung walang assignment, they should pay for severance.

[Google]

To MTC's GreaT Lawyers,

 

I've been in an accident recently with another car and sad to say

 

its my fault.. Wala naman ako balak takbuhan kaso madyo di ko kasi

 

masyado kasundo yung nkabanga ko,mdyo ayaw kasi makipag-usap ng

 

maayos.. In short,gusto ko na sana takbuhan.. Kinuha nya plate number

 

and number ng linsensya ko,kaso di ko binigay exact details ko (address

 

and name).. Balak ko sana is lost lisence ko na lang lisensya ko para di nila ko

 

mahabol na.. Advise nyo sana ko kung tama gagawin ko at kung may habol

 

pa sa akin yung other party..

 

Tnx..

 

DJW

 

its not a legal issue, but an ethical issue. bakit mo kailangang takbuhan whereas you admitted that you are at fault. wala ka bang insurance sa oto or something? if this thing would happened to you, let's say, ikaw ang naging victim, would you be happy na tatakbuhan ka ng may kasalanan? kung ganyan ang attitude mo, hwag ka na lang mag drive. parang hit and run na rin yan. kung hindi kayo magkasundo, ask a lawyer to be there during your discussions so you come up with an agreement where both party wins.

 

maski i lost license mo yang license mo, pwede ka nyang itembre dahil alam nya license plate mo. maiimpound pa yang oto mo, na pwedeng maging problema if in case iba ang nagmamaneho o gumagamit nyan.

 

tsk.tsk.tsk... :thumbsdownsmiley:

Edited February 15, 2008 by Google

[darth_johnnie_walker]

kung hindi kayo magkasundo, ask a lawyer to be there during your discussions so you come up with an agreement where both party wins.

 

maski i lost license mo yang license mo, pwede ka nyang itembre dahil alam nya license plate mo. maiimpound pa yang oto mo, na pwedeng maging problema if in case iba ang nagmamaneho o gumagamit nyan.

 

tsk.tsk.tsk... :thumbsdownsmiley:

 

To Google,

 

Tnx for the advise dude.. Wala naman din talaga balak takbuhan talaga yung

 

tao.. Badtrip lang talaga ko dahil magulo makipag-usap.. Pero nagka-usap na kami

 

ulit and thing are going well na naman.. :thumbsupsmiley:

 

DJW

[moichi]

hindi po bawal yun. its a management prerogative on when to outsource or do things in-house, because of cost efficiency.

but they have to either, re-assign the affected employee in an another department or kung walang assignment, they should pay for severance.

 

but how does his work? i asked kung meron bang announcement tungkol dito. memo or notice sa bulletin board, wala naman.

 

today, feb 15, they were all asked to go to their HR dept. pagdating dun, they were given their paychecks. tapos sinabihan sila na wag na pumasok sa monday, dahil sarado na daw dept nila.

 

next monday, agency na daw magpatuloy ng kanilang trabaho. no turn-over. no endorsement. nothing.

 

yung paychecks naman nila, as in feb 1 - 15 lang ang covered.

 

walang additional to cover any separation or what.

 

basta ganun lang. binayaran ng last paycheck and then wag na daw pumasok.

 

ganun na lang ba yun?

[legalavatar]

but how does his work? i asked kung meron bang announcement tungkol dito. memo or notice sa bulletin board, wala naman.

 

today, feb 15, they were all asked to go to their HR dept. pagdating dun, they were given their paychecks. tapos sinabihan sila na wag na pumasok sa monday, dahil sarado na daw dept nila.

 

next monday, agency na daw magpatuloy ng kanilang trabaho. no turn-over. no endorsement. nothing.

 

yung paychecks naman nila, as in feb 1 - 15 lang ang covered.

 

walang additional to cover any separation or what.

 

basta ganun lang. binayaran ng last paycheck and then wag na daw pumasok.

 

ganun na lang ba yun?

sorry to butt in dudes. i think it depends. hindi pwede ang outsourcing if what you are outsourcing are positions which are "usually necessary or desirable in the usual trade or business of the employer".

 

file ka na lang ng illegal dismissal sa nlrc (sa ppsta banawe) then mag claim ka na rin ng lahat ng benefits including separation pay, para covered assuming na valid yung closure ng department.

 

my guess is, illegal practice to. example - a school cannot suddenly dismiss all its teachers tapos i-outsource yung teaching dahil in a school, a teach is a position which is usually necessary or desirable in the usual trade or business of the employer, which is a school.. kuha mo pards?

[legalavatar]

sorry to butt in dudes. i think it depends. hindi pwede ang outsourcing if what you are outsourcing are positions which are "usually necessary or desirable in the usual trade or business of the employer".

 

file ka na lang ng illegal dismissal sa nlrc (sa ppsta banawe) then mag claim ka na rin ng lahat ng benefits including separation pay, para covered assuming na valid yung closure ng department.

 

my guess is, illegal practice to. example - a school cannot suddenly dismiss all its teachers tapos i-outsource yung teaching dahil in a school, a teaching position is one which is usually necessary or desirable in the usual trade or business of the employer,. kuha mo pards?

 

kung ganoon ka indispensable ang department mo, tapos regular employees na kayo, thats clear illegal dismissal to my mind.

 

 

please forgive my previous post. newbie :-)