legal Free Legal Advice

[legalavatar]

You can't force someone to be your guarantor, and personally I avoid being a co-maker. In short, you can't do anything if you cannot convince someone to be a co-maker. As to prospective employees, they have a choice. Either they get a co-maker or they look for employment elsewhere. Is it fair? Maybe not but that's the way life goes.

 

right on bro!

[Dr Love]

What they said are true. Kaya lang sana, you have thought of all the possible repercussion of your relationship to a married woman especially if you got her pregnant. At this point in time, you have very limited if not no control over the possibility of being included as respondent if ever her husband files a case of adultery.

 

Seeking expert advice, got my girlfriend pregnant, problem is she's still married though she's living independently from her husband, we don't want to abort the child since its against our values. I read that adultery cases are punishable with imprisonment. Also read that there's a clause that as long as we don't cohabit I shouldn't worry on spending time in jail. Is this true? Also another concern is what becomes of her since as far as what I have read, the law is very strict on women when it comes to this subject. Hope someone can enlighten me on this and provide guidance regarding the issue. Thanks.

[Pinoymale]

Seeking expert advice, got my girlfriend pregnant, problem is she's still married though she's living independently from her husband, we don't want to abort the child since its against our values. I read that adultery cases are punishable with imprisonment. Also read that there's a clause that as long as we don't cohabit I shouldn't worry on spending time in jail. Is this true? Also another concern is what becomes of her since as far as what I have read, the law is very strict on women when it comes to this subject. Hope someone can enlighten me on this and provide guidance regarding the issue. Thanks.

 

The part about not spending time in jail if you don't cohabit is unfortunately wrong. What determines if you'll do time in jail is if the prosecution can prove that you were aware that your girlfriend was married. If they can't prove this you're safe from imprisonment. As to your girlfriend, the fact that she's pregnant with a child not of her husband's is proof of adultery. She'll be liable for jail time. The good news is that if she can convince her husband to forgive/pardon her then he would have waived his right to file a criminal case against either of you.

 

At any rate, I hope everything works out for the best.

[huntforredoctober]

duly noted mga masters... thanks so much for your wisdom

[complicated8]

You can't force someone to be your guarantor, and personally I avoid being a co-maker. In short, you can't do anything if you cannot convince someone to be a co-maker. As to prospective employees, they have a choice. Either they get a co-maker or they look for employment elsewhere. Is it fair? Maybe not but that's the way life goes.

 

Thanks! Sana lahat ng employees will decline the co-maker requirement. para hindi ma-bully ng companies...

[capt KK]

query about TAX.

taxable ba ang PROFIT SHARING ng isang company? ilan %?

midyear bonus?

 

tnx2

[jomi_schwartz]

query about TAX.

taxable ba ang PROFIT SHARING ng isang company? ilan %?

midyear bonus?

 

tnx2

 

 

same question....

[ngadzzz]

same question....

 

 

Yes, same as the tax of your regular compensation. but the first P30k is exempted.

[legalavatar]

Yes, same as the tax of your regular compensation. but the first P30k is exempted.

 

yes i would agree with this... however, the exemption might change or increase. i heard a new tax law was passed increasing the exemptions... haven't seen the news for more than a month now so i'm clueless..

 

any companeros here care to confirm this?

 

would love to read the law... kung may digest, paki pm naman... hehe just kidding...

[Dr Love]

GMA signed into law RA 9504 I think 2 days ago and it will take effect 15days after publication in a daily of general circulation. This basically exempts all minimum wage earners from income tax. Moreover it increases Personal exemption to P 50K regardless of your civil status with an additional P25K exemption per every depedent children declaread. Lastly, holiday pay, night differential as well as OT pay are also no longer taxable.

 

However, it doesnt tackle the P 30K limit for bonuses or other allowances given to an employee by his employer. Most likely, that will not change.

 

yes i would agree with this... however, the exemption might change or increase. i heard a new tax law was passed increasing the exemptions... haven't seen the news for more than a month now so i'm clueless..

 

any companeros here care to confirm this?

 

would love to read the law... kung may digest, paki pm naman... hehe just kidding...

[legalavatar]

GMA signed into law RA 9504 I think 2 days ago and it will take effect 15days after publication in a daily of general circulation. This basically exempts all minimum wage earners from income tax. Moreover it increases Personal exemption to P 50K regardless of your civil status with an additional P25K exemption per every depedent children declaread. Lastly, holiday pay, night differential as well as OT pay are also no longer taxable.

 

However, it doesnt tackle the P 30K limit for bonuses or other allowances given to an employee by his employer. Most likely, that will not change.

 

 

thanks... no wonder my staff was clamoring about it this afternoon... that's really good news to them

 

Cheers!

Edited June 20, 2008 by legalavatar

[kg_snot]

GMA signed into law RA 9504 I think 2 days ago and it will take effect 15days after publication in a daily of general circulation. This basically exempts all minimum wage earners from income tax. Moreover it increases Personal exemption to P 50K regardless of your civil status with an additional P25K exemption per every depedent children declaread. Lastly, holiday pay, night differential as well as OT pay are also no longer taxable.

 

However, it doesnt tackle the P 30K limit for bonuses or other allowances given to an employee by his employer. Most likely, that will not change.

 

 

kasama ba rito mga call center agents earning 18k-20k?

[Dr_PepPeR]

kasama ba rito mga call center agents earning 18k-20k?

 

Everything except exemption from income tax. You earn that much? Big time.

[capt KK]

WTF!!! our company TAXED our profit sharing bonus this year, even the below 30k basic salary :zorro:

[Google]

WTF!!! our company TAXED our profit sharing bonus this year, even the below 30k basic salary :zorro:

imho, anything which you earned on an annual basis which is more than 30k is taxable... that includes your profit sharing bonus...

[Dr_PepPeR]

imho, anything which you earned on an annual basis which is more than 30k is taxable... that includes your profit sharing bonus...

 

That's true, and most of the time for your 13th month pay, the 30K has already been availed of.

[capt KK]

ahh

[julz2006]

,,,uhm,maiba nmna.hopefully pwede rin to dito..

 

here's the situation:may local company sa makati na parang call center,soliciting local credit cards to prospective clients over the phone,and are ope for investors.they require you 20k to invest and get monthly pre-calculated compensation(parang profit-sharing).there's a contract and everything is notarized and all required business and even personal papers (owners' sss,tin,etc.) are presented.now problem is,they cannot make the said payment (or share) on a regular basis on the pre-agreed date.it's alreay 4 months but they have so far only provided for two months payments (pinag sabay p ung two months)...i asked for my investment to be reimbursed instead and forget about the whole thing out of frustration and they agreed but like i said it's 4 months na pero wala p din...they can only come up with pathetic and irritating excuses...i just want my money back..is there a way to go after them legally and what could be my chances?

 

thanks much..

[cooldad]

Sirs.

 

Tanong lang ako.My officemate is being bugged by credit card collectors.Before laging tinatawagan siya at sinasabi sa kanya na pwede siya magbayad ng partial like 5K or 8K kung di niya kaya magbayad ng minimum amount ng bill.Dumating na sa point na even if he paid patrial,it wasn't deducted from his bill,in fact his bill which was at 52k when he finally cancelled the card,ngayon 94k na!And that was within 6 months from cancelling his card.Napagod na ang co-worker,streesed out at problemado-so he decided to ignore the calls,just pay whenever may sobra siyang cash (1 to 2 K) a month.Now he receives a letter stating there's a criminal case against him RA 8484 yata.

 

Ang question,may nakulong na ba for non payment of credit card bill?My officemate is not hiding,nakukulitan lang siya sa kung sino sino ang tumatawag-and sasabihin pa na bale wala yung nga binayad niya because hindi daw ang firm nila ang kausap noon.

 

BTW-My officemate did not apply for the credit card.It was just send to him activated na.Gulat nga niya.

 

I'm sure we have some members out there who either is going through the same thing or know someone who did.

 

Thanks.

[azayco]

,,,uhm,maiba nmna.hopefully pwede rin to dito..

 

here's the situation:may local company sa makati na parang call center,soliciting local credit cards to prospective clients over the phone,and are ope for investors.they require you 20k to invest and get monthly pre-calculated compensation(parang profit-sharing).there's a contract and everything is notarized and all required business and even personal papers (owners' sss,tin,etc.) are presented.now problem is,they cannot make the said payment (or share) on a regular basis on the pre-agreed date.it's alreay 4 months but they have so far only provided for two months payments (pinag sabay p ung two months)...i asked for my investment to be reimbursed instead and forget about the whole thing out of frustration and they agreed but like i said it's 4 months na pero wala p din...they can only come up with pathetic and irritating excuses...i just want my money back..is there a way to go after them legally and what could be my chances?

 

thanks much..

 

Check your contract for provisions on termination and breach.

[azayco]

Sirs.

 

Tanong lang ako.My officemate is being bugged by credit card collectors.Before laging tinatawagan siya at sinasabi sa kanya na pwede siya magbayad ng partial like 5K or 8K kung di niya kaya magbayad ng minimum amount ng bill.Dumating na sa point na even if he paid patrial,it wasn't deducted from his bill,in fact his bill which was at 52k when he finally cancelled the card,ngayon 94k na!And that was within 6 months from cancelling his card.Napagod na ang co-worker,streesed out at problemado-so he decided to ignore the calls,just pay whenever may sobra siyang cash (1 to 2 K) a month.Now he receives a letter stating there's a criminal case against him RA 8484 yata.

 

Ang question,may nakulong na ba for non payment of credit card bill?My officemate is not hiding,nakukulitan lang siya sa kung sino sino ang tumatawag-and sasabihin pa na bale wala yung nga binayad niya because hindi daw ang firm nila ang kausap noon.

 

BTW-My officemate did not apply for the credit card.It was just send to him activated na.Gulat nga niya.

 

I'm sure we have some members out there who either is going through the same thing or know someone who did.

 

Thanks.

 

Negotiate with the card company for a repayment schedule. You may wish to negotiate the amount of total payments as well. For example, you can firmly say that you are only willing to pay principal. Make sure your agreement is documented. (The person you may be talking to right now will most likely be not around the next time you call the card company.)

 

Anyway, we have a constitutional provision prohibiting imprisonment for non-payment of debt. So a jail term for non-payment of debt is unlikely.

 

There are other instances which may (effectively) land your friend in jail. Examples are (i) issuance of checks to cover for the payments and the checks eventually bounce (the Bouncing Chicks, este Checks Law); and (ii) RA 8484 you cited, but most likely these will require an allegation of fraud or misuse of the card.

 

Please check whether what your friend received was just a letter or a pro-forma complaint (template lang, no signatures). If it is, panakot lang yan. :zorro: But do ask your friend to pay his card debts.

[cooldad]

Negotiate with the card company for a repayment schedule. You may wish to negotiate the amount of total payments as well. For example, you can firmly say that you are only willing to pay principal. Make sure your agreement is documented. (The person you may be talking to right now will most likely be not around the next time you call the card company.)

 

Anyway, we have a constitutional provision prohibiting imprisonment for non-payment of debt. So a jail term for non-payment of debt is unlikely.

 

There are other instances which may (effectively) land your friend in jail. Examples are (i) issuance of checks to cover for the payments and the checks eventually bounce (the Bouncing Chicks, este Checks Law); and (ii) RA 8484 you cited, but most likely these will require an allegation of fraud or misuse of the card.

 

Please check whether what your friend received was just a letter or a pro-forma complaint (template lang, no signatures). If it is, panakot lang yan. :zorro: But do ask your friend to pay his card debts.

 

Thank you ,sir. If it comes to that I'm sure I can find him a lawyer here in MTC who can defend him in any court including Victoria Court!

[julz2006]

Check your contract for provisions on termination and breach.

 

...thanks azayco,im doing it right now..while contacting some lawyer-brods too just in case...it may seem as just a minimal amount but it's been a pain in the a** lately..at d rin me mayaman.

 

"...the world is a vampire..."

[mistaj]

Good Morning MTC Lawyers!

 

A bank sent me a credit card. Since I did not apply for one, and I already have two credit cards from other banks, I did not activate it. After a month, I received a bill of Php1500.00 for annual fees. I got irked and called their customer service but all I got were either "All customer service assistants are busy..." or worse a busy tone. I emailed the bank and after 3 emails, they replied that they are willing to waive the annual fee and that should I wish to continue with the cancellation of the card, I shoul email them some personal info. I did. I thought that was the end of it.

 

This morning, I received another bill, this time Php1896.25 for the "unpaid annual fee", service charge, and late payment charges. I got pissed! I called the customer service again but all I got was the same recording that all customer service assistants are busy. I stayed on the line for 15 friggin' minutes getting the same recording again and again.

 

This is stressing me out and my blood pressure is shooting up. I want to get back at them for their inefficiency and lack of sensitivity. Can I do something about this legally?

 

Thanks and more power to the MTC legal thread!

[mistaj]

sorry na repost!

Edited July 2, 2008 by mistaj