legal Free Legal Advice

[nightingale]

EB? sama ako pwede? :upside:

[scott11373]

If you have a pending civil lawsuit in the Phils--can you travel outside the country?

[jpatricks1]

Sirs your input please

 

My gf's brother got married early. They had a son and broke up in good terms after a few years.

 

He then met another girl. Like him, she had a kid from a previous relationship though she wasn't married. They decided to live together and had two daughters. While 8 months pregnant on their 2nd daughter, he discovered she was cheating on him. When the 2nd daughter was 3 months old, she broke up with my gf's brother to be with the other guy. She left the 2 girls and even had the guts to ask for 10-thousand pesos "to start a new life".

 

After a year, she asked to see the 2 girls again. She was never deprived the right to see her kids even though she abandoned them. Finally one day while visiting, she took the 2 girls and ran off with them.

 

Now she's depriving the father the right to see his 2 little girls. She even said on a text message that "gagamitin ko ang mga bata laban sayo".

 

What's the best course of action for the father to see his daughters again? Thank you very much

[ela_bat]

If you have a pending civil lawsuit in the Phils--can you travel outside the country?

 

 

yup

[pol22366]

Sirs your input please

 

My gf's brother got married early. They had a son and broke up in good terms after a few years.

 

He then met another girl. Like him, she had a kid from a previous relationship though she wasn't married. They decided to live together and had two daughters. While 8 months pregnant on their 2nd daughter, he discovered she was cheating on him. When the 2nd daughter was 3 months old, she broke up with my gf's brother to be with the other guy. She left the 2 girls and even had the guts to ask for 10-thousand pesos "to start a new life".

 

After a year, she asked to see the 2 girls again. She was never deprived the right to see her kids even though she abandoned them. Finally one day while visiting, she took the 2 girls and ran off with them.

 

Now she's depriving the father the right to see his 2 little girls. She even said on a text message that "gagamitin ko ang mga bata laban sayo".

 

What's the best course of action for the father to see his daughters again? Thank you very much

 

There are many facts that must be clarified first. Did your GF's brother recognize her two daughters??? Did he sign the affidavit of acknowledgment at the back of their birth certificates??? If yes then he can ask for full or conditional custody with the Courts. He can also ask for full parental authority, if he can prove that the mother is not a good parent. If your GF's brother did not acknowledge the children, then he is not considered as the father of the two children, and must first prove paternity and then ask for conditional or full custody, or full parental authority.

[TaDo1981]

I would like to ask po for help regarding this

 

I am a smartbro subscriber before, I pay on time, minsan sobra pa sa 999 ang naibabayad ko, kahit na 128KBPS lang nakukuha ko, pinagtyatyagaan ko na lang. but there came an incident ng I lost my internet connection last december that made me loose my patience with the ISP, for almost one month I keep on calling them then the only answer that I am getting is they'll gonna forward my inquiry etc. so after one month saka lang bumalik ang connection ko. I asked if there will be adjustments with the bill since wala naman akong connection for one month. Then my bill came and I found out na they just cut 200 pesos from the 999 and telling me na yun na yung adjustment sa isang buwan na wala akong internet. Nainis ako sa kanila telling them na if they could cut the service i cut na lang nila dahil hindi na ako interested. Early months of 2008 I still pay pero leaving the december bill telling them na I will not pay it. April na miss ko ang cut off nila then they disconnected the service. then charging me a certain amount for reconnection. I am not interested of reviving the service so binayaran ko na lang yung isang billing then hinayaan ko nalang na disconnected. After paying the April bill I was wondering bakit may bill ako for the month of May samantalang disconnected na ang internet ko april pa lang, then they were charging me FIVE THOUSAND PESOS, kasama na ang pre-termination fee, I was so pissed off na hinayaan ko na lang silang magpadala nang kung ano anong notice thru mail sa akin. Iba ibang law office na ang sumusulat sa akin almost every month, tumatawag sa bahay, then after a few months they are now charging me THREE THOUSAND PESOS PLUS, inconsistent, wala silang pinapadalang malinaw na breakdown ng bill, then wala pa ring hinto ang mga mails pati na ang tawag sa phone, daig ko pa ang may malaking utang sa credit card, there was this law firm telling me na i am a delinquent payer and they will charge me, publishing my name sa Manila Bulletin, PDI, or Philippine Star, grabe for 3000+ wow napaka big deal ng utang ko, I can pay the 3000, but prinsipyo ko ang nangingibabaw, Smart Bro. is such an abusive and unfair company. Aren't they violating the consumer rights, and harassing their subscriber, making the deal always in favor for them. Yeah we all sign contracts, we pay for the services, but are we getting the quality service?

[bonito99]

Sue them.

[silverapollo]

hello fellow mtc members,

anyone here who handles annulment cases???

i would like to know the process....

thank you.....

[azayco]

I would like to ask po for help regarding this

 

I am a smartbro subscriber before, I pay on time, minsan sobra pa sa 999 ang naibabayad ko, kahit na 128KBPS lang nakukuha ko, pinagtyatyagaan ko na lang. but there came an incident ng I lost my internet connection last december that made me loose my patience with the ISP, for almost one month I keep on calling them then the only answer that I am getting is they'll gonna forward my inquiry etc. so after one month saka lang bumalik ang connection ko. I asked if there will be adjustments with the bill since wala naman akong connection for one month. Then my bill came and I found out na they just cut 200 pesos from the 999 and telling me na yun na yung adjustment sa isang buwan na wala akong internet. Nainis ako sa kanila telling them na if they could cut the service i cut na lang nila dahil hindi na ako interested. Early months of 2008 I still pay pero leaving the december bill telling them na I will not pay it. April na miss ko ang cut off nila then they disconnected the service. then charging me a certain amount for reconnection. I am not interested of reviving the service so binayaran ko na lang yung isang billing then hinayaan ko nalang na disconnected. After paying the April bill I was wondering bakit may bill ako for the month of May samantalang disconnected na ang internet ko april pa lang, then they were charging me FIVE THOUSAND PESOS, kasama na ang pre-termination fee, I was so pissed off na hinayaan ko na lang silang magpadala nang kung ano anong notice thru mail sa akin. Iba ibang law office na ang sumusulat sa akin almost every month, tumatawag sa bahay, then after a few months they are now charging me THREE THOUSAND PESOS PLUS, inconsistent, wala silang pinapadalang malinaw na breakdown ng bill, then wala pa ring hinto ang mga mails pati na ang tawag sa phone, daig ko pa ang may malaking utang sa credit card, there was this law firm telling me na i am a delinquent payer and they will charge me, publishing my name sa Manila Bulletin, PDI, or Philippine Star, grabe for 3000+ wow napaka big deal ng utang ko, I can pay the 3000, but prinsipyo ko ang nangingibabaw, Smart Bro. is such an abusive and unfair company. Aren't they violating the consumer rights, and harassing their subscriber, making the deal always in favor for them. Yeah we all sign contracts, we pay for the services, but are we getting the quality service?

 

Tado!

 

I think you answered your own question. Do check your contract with PLDT-Smart.

 

At any rate, it looks to me that all these people bugging you have spent more than the P3,000 they are trying to collect in terms of time and effort. I do not think the collection agency/"law firm", which probably works on a "no-cure, no pay" basis, will haul you to court for the amount of P3,000. The filing fees alone would be enough to turn them off. (I am not saying you shouldn't pay Smart-PLDT though. I leave that to your discretion and judgment.)

 

You can go to the DTI-NCR Office and file a consumer complaint. The office is in HV Dela Costa in Salcedo Village, Makati City. You can probably work on the angles of quality of service (as you mentioned), failure to deliver the promised service, and unfair collection practice.

 

Good luck bro!

[camerlengo]

10-year old Pocholo dearly loved his pet, a fat white chicken named Smith. He fed it, gave it baths, and slept with it on his banig every night. One day, his father, hungry and exhausted from working the fields, arrived at the house and discovered that his wife has not prepared his lunch. Pocholo's father then went out and grabbed one of the chickens loitering in their backyard. Unfortunately, daddy caught slow-moving Smith; and by 12nn, daddy had consumed every last juicy morsel of Pocholo's beloved pet.

 

When Pocholo discovered the slaughter, he went to the prosecutor and filed a crminal case against his father for violation of Section 5 (h)(4) of RA 9262 resulting in psychological and emotional abuse.

 

Will the case prosper?

 

 

no, suits between families cannot prosper even if it is a special law.

[kix™]

Question lang po mga sir, this happened a few years back. Nangyari to sa isa kong barkada humiram sa kanya ng 1ooK+. usapan nila is yung humihiram sa kanya will pay for it wdin 6 mos, so pumayag sya and my frend made a loan thorough ther cooperative sa office. after giving it to him, cguro tumakbo lang 1 buwan nagkaproblema. to cut the long story short, nag awol na sa office yung humiram ng 100K, it turned out na marami pala silang hiniraman nya. of course my friend made the loan. so the person who borrowed it sent a letter thru fax that my frend plus some other names are all his loans and he is the one liable. So the cooperative made a letter to members concerned that the loans which they availed was assumed by that person. but the person never really payed the cooperative, so they filed a case against that person. Now, the cooperative made a letter saying that they are reversing their decision and they will start deducting from the salaries of the persons involved.

 

Hope u get my story, need lang ng frend ko advice. Hindi ko lam tamang step o sabihin sa kanya . Thanks po mga sir :thumbsupsmiley:

[pol22366]

Question lang po mga sir, this happened a few years back. Nangyari to sa isa kong barkada humiram sa kanya ng 1ooK+. usapan nila is yung humihiram sa kanya will pay for it wdin 6 mos, so pumayag sya and my frend made a loan thorough ther cooperative sa office. after giving it to him, cguro tumakbo lang 1 buwan nagkaproblema. to cut the long story short, nag awol na sa office yung humiram ng 100K, it turned out na marami pala silang hiniraman nya. of course my friend made the loan. so the person who borrowed it sent a letter thru fax that my frend plus some other names are all his loans and he is the one liable. So the cooperative made a letter to members concerned that the loans which they availed was assumed by that person. but the person never really payed the cooperative, so they filed a case against that person. Now, the cooperative made a letter saying that they are reversing their decision and they will start deducting from the salaries of the persons involved.

 

Hope u get my story, need lang ng frend ko advice. Hindi ko lam tamang step o sabihin sa kanya . Thanks po mga sir :thumbsupsmiley:

 

Hello Kix:

 

You said the cooperative filed a case against the awol employee, so this means that the cooperative have legally made a claim against him for the loans obtained by the members and in turn borrowed by him. These members include your friend.

 

If they have already filed the case in Court, then they cannot file another case for the same amount against the borrowers without committing unjust enrichment under the law. As the saying goes they cannot have their cake and eat it too.

 

As long as they are collecting from the awol employee they cannot institute another action for the same obligation against your friend.

[bonito99]

no, suits between families cannot prosper even if it is a special law.

 

care to explain?

[peithe]

About LABOR issues naman ... would love to hear opinion of the experts.

 

 

case:

 

Ms. A currently is a proby employee and is due for permanency is less than a months time. Last Sept. 30, she filed for her resignation. Her immediate supervisor/boss would not want to accept/acknowledge the resignation letter since the supervisor is insisting that MS A stay for 45 days effective upon filing. THe supervisor wanter Ms A to change the effectivity of the resignation letter. Ms A consulted her "new employer" about the matter, whether she could report 45 days after but was declined since the position needs to be filled up ASAP. A week after, Ms A advised her Supervisior on this matter and insist that the initial 30 days notice is final. The supervisor was angered and tsaid that the 30 days notice should only start that day or from actual receipt (since her position was that she did not acknowledge the resignation when it was given to her last 9/30). When Ms A refuse, she hreatened to "TERMINATE" her that day for breach of Trust and confidence and no clearance will be given.

 

BTW, as an added insight, per company policy, proby employees are required 1 week notice for the effectivity of their resignation. There was no document/memo given pertaining to her being classified as a permanent employee todate.

 

 

QUESTION:

 

Does MS A's supervisor have the right to terminate her for Breach of Trust and Confidence?

 

Can Ms. A insist that the 30 days notice of her resignation should start from 9/30 even if her supervisor would not want to receive/acknowledge the said letter when it was brought to her attention?

 

 

 

MY OPINION:

 

As to the first, legally I think the supervisor has the right to terminate Ms A for Breach of Trust and COnfidence. It is the perogative of the employer to terminate the services of an employee with Just Cause. However, given the situation or the timing, I believe there is BAD FAITH if ever the supervisor decides to do so. Ofcourse, I belive that there should be due process by indicating or informing the employee what truly transpired to merit the breach of trust and confidence. Further, if there was really loss of trust and confidence, the supervisor should have immediately accepted Ms. A's resignation effective on the 30th day (or on the day itself) and no longer requested that it ammended to 45 days. What transpired clearly is a case of HARASSMENT ... trying to get back at Ms A.

 

As to the second question, the effectivity of the 30 days written notice should start from the time it was presented to the supervisor last 9/30 even if the supervisor would not want to acknowledge it. The LAW is clear when it states that what is required is submission of a written notice 30 days from the effectivity. Consent is NOT REQUIRED!!!. Also, Ms. A being a proby employee can cite the company's policy wherein proby employees only need 1 week notice.

 

WOULD APPRCIATE OPINIONS FROM LEGAL EXPERTS IN THIS FORUM ON THE SUBKECT MATTER ... What are the other legal rights of Ms A under the circumstance. If push comes to shove and she won't be given clearance, what legal case can she file?

[ela_bat]

About LABOR issues naman ... would love to hear opinion of the experts.

 

 

case:

 

Ms. A currently is a proby employee and is due for permanency is less than a months time. Last Sept. 30, she filed for her resignation. Her immediate supervisor/boss would not want to accept/acknowledge the resignation letter since the supervisor is insisting that MS A stay for 45 days effective upon filing. THe supervisor wanter Ms A to change the effectivity of the resignation letter. Ms A consulted her "new employer" about the matter, whether she could report 45 days after but was declined since the position needs to be filled up ASAP. A week after, Ms A advised her Supervisior on this matter and insist that the initial 30 days notice is final. The supervisor was angered and tsaid that the 30 days notice should only start that day or from actual receipt (since her position was that she did not acknowledge the resignation when it was given to her last 9/30). When Ms A refuse, she hreatened to "TERMINATE" her that day for breach of Trust and confidence and no clearance will be given.

 

BTW, as an added insight, per company policy, proby employees are required 1 week notice for the effectivity of their resignation. There was no document/memo given pertaining to her being classified as a permanent employee todate.

 

 

QUESTION:

 

Does MS A's supervisor have the right to terminate her for Breach of Trust and Confidence?

 

Can Ms. A insist that the 30 days notice of her resignation should start from 9/30 even if her supervisor would not want to receive/acknowledge the said letter when it was brought to her attention?

 

 

 

MY OPINION:

 

As to the first, legally I think the supervisor has the right to terminate Ms A for Breach of Trust and COnfidence. It is the perogative of the employer to terminate the services of an employee with Just Cause. However, given the situation or the timing, I believe there is BAD FAITH if ever the supervisor decides to do so. Ofcourse, I belive that there should be due process by indicating or informing the employee what truly transpired to merit the breach of trust and confidence. Further, if there was really loss of trust and confidence, the supervisor should have immediately accepted Ms. A's resignation effective on the 30th day (or on the day itself) and no longer requested that it ammended to 45 days. What transpired clearly is a case of HARASSMENT ... trying to get back at Ms A.

 

As to the second question, the effectivity of the 30 days written notice should start from the time it was presented to the supervisor last 9/30 even if the supervisor would not want to acknowledge it. The LAW is clear when it states that what is required is submission of a written notice 30 days from the effectivity. Consent is NOT REQUIRED!!!. Also, Ms. A being a proby employee can cite the company's policy wherein proby employees only need 1 week notice.

 

WOULD APPRCIATE OPINIONS FROM LEGAL EXPERTS IN THIS FORUM ON THE SUBKECT MATTER ... What are the other legal rights of Ms A under the circumstance. If push comes to shove and she won't be given clearance, what legal case can she file?

 

 

 

As to the first question, whether or not the supervisor can terminate the employee for breach of trust and confidence despite tender of resignation, my answer is no. A company can not arbitrarily terminate an employee, there must be twin notice which must be followed.

 

As to the second question, Article 285 of the labor code is very clear. It talks about termination of the employee of the the employer - employee relationship.

 

Now as to the clearance, yan ang medyo walang clear cut rule sa law. As far as i can recall there is not rule or law which will compel an employer to issue a clearance. Duon medyo talo si employer. If somebody knows of a law re clearance would like to know that too. the next best thing would be company policy regarding clearances.

 

I hope this can help