legal Free Legal Advice

[VentureMaker]

Is it legal to publish the name and picture of a separated employee stating that she is no longer connected with the company? Many people assume the person was terminated for a crime!

[jackbrng]

Is it legal to publish the name and picture of a separated employee stating that she is no longer connected with the company? Many people assume the person was terminated for a crime!

 

no, ok lang yon, and many companies are doing this. nakalagay naman sa wordings ng ads na separated or "no longer connected" itong employee at hindi na sya authorize mag-transact ng business in behalf of the company. Proteksyon lang ito ng company para sa mga existing at prospective client nila.

[VentureMaker]

Thanks for the advise!

 

Thanks for the advise!

[vagabond]

You can find the SC issuance here.

 

Some first level courts were designated as special courts to handle small claims. Small claims cover money claims amounting to Ps. 100,000 below, excluding interest and costs. Lawyers do not participate and litigants use standard forms available in courts.

 

I haven't read the entire issuance yet, but offhand, I see that this will be good news for credit card companies (as it will lower their collection costs) and bad news for those with credit card debts below Ps. 100,000 (since with the lower costs, hailing them to court now seems a viable option.)

muchas gracias!

[poprox]

Good morning po!

 

Malaking tulong po ang thread na ito.

 

Meron po bang immigration lawyer dito.

Magpapatulong lang po ako.

 

My mom worked in the states. TNT siya dun ng ilang taon. Nadivorce niya yung tatay ko. Tapos nagasawa siya ng citizen. Namatay yung asawa niya bago niya maiayos ang papers niya. Sabi ng insurance officer hindi niya maikeclaim yung pension ng asawa niya hanggat illegal alien siya dun.

 

After some years umuwi na ang nanay ko dito sa pinas.

Pwede po ba na gamitin niyang reason ng pagpunta niya ulit sa states ang pagaayos ng pension ng asawa niya?

Natatakot kasi siya magapply ng tourist visa kasi dati siyang TNT.

 

Sana po may makatulong.

Maraming salamat po.

[rocco69]

No harm in trying. Kung di naman siya mag-aapply for a visa, di siya makakabalik sa US. Nothing to lose, ika nga.

 

Good morning po!

 

Malaking tulong po ang thread na ito.

 

Meron po bang immigration lawyer dito.

Magpapatulong lang po ako.

 

My mom worked in the states. TNT siya dun ng ilang taon. Nadivorce niya yung tatay ko. Tapos nagasawa siya ng citizen. Namatay yung asawa niya bago niya maiayos ang papers niya. Sabi ng insurance officer hindi niya maikeclaim yung pension ng asawa niya hanggat illegal alien siya dun.

 

After some years umuwi na ang nanay ko dito sa pinas.

Pwede po ba na gamitin niyang reason ng pagpunta niya ulit sa states ang pagaayos ng pension ng asawa niya?

Natatakot kasi siya magapply ng tourist visa kasi dati siyang TNT.

 

Sana po may makatulong.

Maraming salamat po.

[rocco69]

Note however that Section 212 of the Immigration and Nationality Act provides in part that the following are ineligibler to receive visas and ineligible for admission in the US:

 

( ALIENS UNLAWFULLY PRESENT.-

 

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

 

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235((1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

 

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

 

No harm in trying. Kung di naman siya mag-aapply for a visa, di siya makakabalik sa US. Nothing to lose, ika nga.

[poprox]

Maraming salamat po.

 

Wala bang weight yung pagpapakasal niya sa isang citizen.

Baka kako isang malaking plus yun para makabalik siya.

[wizard23]

in behalf of a friend, would like to seek legal advise if it is legal to publish a book with compilations of articles, sayings, quotes culled from the internet? will my friend be sued for copyright/plagiarism? information that will be culled from the net are free anyway.

 

tnx for the advice.

[rocco69]

Posibleng i-waive ng Attorney General ang time limit, as follows:

 

Waiver.-The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

 

Ang problema mo, di naman immigrant spouse ang nanay mo. tsaka, paano siya makaka-claim ng extreme hardship para sa asawa niya, eh patay na ito.

 

Anyway, I suggest you consult an American immigration lawyer on your mother's case, baka sakaling me alam silang paraan.

 

Maraming salamat po.

 

Wala bang weight yung pagpapakasal niya sa isang citizen.

Baka kako isang malaking plus yun para makabalik siya.

[mjdec_11]

i need help here regarding the format and how to execute an affidavit of 2 disinterested persons as required by SSS for the claim of my father-in-laws (deceased) benefits.

 

here's a summary of facts, my father-in-law (deceased) died sept of 2007, so a yr ago, him already a widower at that time since my mom-in-law passed away 7 years ago. Accdg to SSS, if claimant's wife is alive, she is the legal heir to claim, but since the wife is already dead, next to claim can be the parents of my father-in-law, which again, are already dead likewise.

 

So the children, who is my wife and his bro are the one's claiming it, but SSS requires such affidavit.

 

Does anyone here have a format of such? 2nd, does the 2 disinterested person whom shall sign in the affidavit need to be as old as the grandparents of my wife? kelangan ba kilala nila personally yung grandparents? coz SSS wants also the death cert and marriage cert of the grandparents, NSO doesnt have records because of such, thus we cant provide any docs to SSS.

[pol22366]

in behalf of a friend, would like to seek legal advise if it is legal to publish a book with compilations of articles, sayings, quotes culled from the internet? will my friend be sued for copyright/plagiarism? information that will be culled from the net are free anyway.

 

tnx for the advice.

 

Basically you just have to metion who are the authors of these articles, sayings, quotes. And he must mention that the book is a mere compilation of what he obtained from the internet for free for him not to be liable for plagiarism. Copyright however is another matter, this would entail asking permission from the authors or owners of the copyright if you can publish them in your friend's book... while he obtained them from the net for free, it doesn't mean that he can copy it and make money out of it. Remember that copyright laws are internationally enforceable, so that even if the author or owner is not from your country or state, his/her copyrights over his/her works must be respected.

[darkpalosx]

sir sa networking ba me mahahabol,like pinangako na sila magdispose ng products ko para lang mamemeber ako,tapos ending e wala pala tapos inaaway pa ako ngayon

[bonito99]

estafa and other deceits. unjust vexation

[bokjsp]

Is it legal to publish the name and picture of a separated employee stating that she is no longer connected with the company? Many people assume the person was terminated for a crime!

 

ok lang only if you limit your notice that the person is no longer connected to your company but the moment you add some info that might cast aspersion to her reputation, yari ka because that may be libelous.

[player61014]

sir ask lng po.. pano ba gumawa ng contract? consider nb na valid letter if may signature lng ng tao sa baba ng letter? ano pa kailangan hingin sa tao like id or etc... actually may utang kc sakin ung tao na un we agreed na weekly cya magbibigay pero ndi nasusunod.. hope to hear from u guys...tnx..

[ottacan]

gud day to all mtc peps..hingi lang ng advice,baka kc may makakatulong sa aking sasabihin problema..nasa labas ako ng pinas as OFW..now ito ang problema..may umutang sa akin ng ONE HUNDRED THOUSAND PESOS(100,000,00)with the montly interest of 6%..bale three year na lumipas,sa una at dalawang taon ay kahit hindi on time ang bigay ng interest ay at least naka-kabayad..pero itong pangatlong taon since FEBRUARY ng taong kasalukuyan ay natigil na bigay ng interest..pabalik-balik na ang kapatid ko na tagasingil ko ng buwanang tubo ay puro pangako na lang,na bumalik sa ganoon date pero wala na mang maibigay na interest..bago pa lang makabili itong pina-utang kung taong ito ng bagong kotse last year ay sini-singil ko na ang pinahiram kung pera,hanggang sa ngayon ay puro pangako pa rin..wala kaming kasulatan pero gina-ranturahan ito ng pamangkin ng taong humiram ng pera,na bale pamangkin ko naman sa pinsan..ngayon nga ay tinatanong ko sa nag-garanture na kung mabibigyan ako ng kahit man lang katibayan na umutang sa akin ng 100K..pero parang umiiwas sa akin...ANO KAYA ANG MAGANDANG ADVICE NA MAIBIBIGAY NYO SA NASABI KONG SULIRANIN..SA APRIL AKO MAGBABAKASYON DYAN SA PINAS AT KUNG DI PA MAKAKABAYAD ITONG SINSABI KONG TAO..BALAK KUNG IDULOG ITO SA KORTE,AT KUNG SINO MAN SA INYO ANG MAY KILALA NA MAGALING NA LAWYER..CAN ANYONE RECOMMEND,KUNG MAKUKUHA KO NG BUO ITO MAY REWARD,SYEMPRE..

[redax]

The good news for you is that even just considering his monthly interest payment of six thousand pesos per month for 2 years, you already have a 36% per year return on your loan, this is if you do not recover your initial loan of one hundred thousand anymore. I mean after all, if he has paid you 6 thousand for 24 months, that is a total of one hundred forty-four thousand pesos. I am basing the 36% per annum return on that.

The bad news is you cannot oblige him to pay interest on your loan as Article 1956 of the Civil Code provides:

No interest shall be due unless it has been expressly stipulated in writing.

Hopefully, he will voluntarily pay you back the original amount of the loan. He could allege total payment of the loan from the monthly payments he paid you.

Your contract stipulates a 72% annual interest on his loan. Banks nowadays just pay around 5% annual interest on their special deposit accounts and you could get home loans for around 12% annual interest. As they say, the higher the return, the higher the risk.

[wizard23]

Basically you just have to metion who are the authors of these articles, sayings, quotes. And he must mention that the book is a mere compilation of what he obtained from the internet for free for him not to be liable for plagiarism. Copyright however is another matter, this would entail asking permission from the authors or owners of the copyright if you can publish them in your friend's book... while he obtained them from the net for free, it doesn't mean that he can copy it and make money out of it. Remember that copyright laws are internationally enforceable, so that even if the author or owner is not from your country or state, his/her copyrights over his/her works must be respected.

 

thanks for the advice pol22366.

[azayco]

sir ask lng po.. pano ba gumawa ng contract? consider nb na valid letter if may signature lng ng tao sa baba ng letter? ano pa kailangan hingin sa tao like id or etc... actually may utang kc sakin ung tao na un we agreed na weekly cya magbibigay pero ndi nasusunod.. hope to hear from u guys...tnx..

 

I understand that you are trying to come up with a payment scheme whereby the borrower will pay you in installments over a certain period. You will need a written document especially if you decide to impose interest (whether built-in to the amortization or as a penalty). The document is essentially a Promissory Note because there is a promise to pay by the borrower. Just make sure that these key words appear:

 

"I promise to pay [your name] in __ installments of Pesos: __________ every __ day of the month starting on ____, 2008 and ending on ____, 2008/2009."

 

You can add interest charges for delayed payment.

 

The document must be signed by the borrower. You can ask someone to sign it as witness, but this is optional.

 

A Promissory Note is not required to be notarized, but notarization will help should you decide to go to court to collect from the borrower.

 

Good luck!

[azayco]

sir sa networking ba me mahahabol,like pinangako na sila magdispose ng products ko para lang mamemeber ako,tapos ending e wala pala tapos inaaway pa ako ngayon

 

 

Agree with Mr. Bonito. There is a case for estafa because you entrusted products to that person and that person misappropriated or cannot account for teh products. The penalty for estafa is imprisonment (depending on the value of the products misappropriated) and fine. You can also recover the products or its value in money.

[spadon]

Good morning, would like your legal opinion on how best to handle shares of stocks my widower uncle has in his name.

 

My uncle is is 85 years old, childless and became a widower five years ago. He has substantial shares of stocks of various bluchip companies (PLDT, Ayala, etc). The market value of the shares in this bear market is still over P1M. He wants to transfer ownership of said shares to his surviving brothers and sisters.

 

How could this be done?

 

Thanks.

[pol22366]

You just have your uncle execute deeds of assignment for the respective shares to his intended transferees, if you have the stock certificates, this can be done by filling in the dorsal portion of the certificates. Then you have to look for the corporate secretaries of the respective corporations and request for the annotation of the assignments to their stock and transfer books. If it involves stock certificates, you can also request for the issuance of new stock certificates under the name of the new owners/transferees.

 

Good morning, would like your legal opinion on how best to handle shares of stocks my widower uncle has in his name.

 

My uncle is is 85 years old, childless and became a widower five years ago. He has substantial shares of stocks of various bluchip companies (PLDT, Ayala, etc). The market value of the shares in this bear market is still over P1M. He wants to transfer ownership of said shares to his surviving brothers and sisters.

 

How could this be done?

 

Thanks.

[bonito99]

make sure you pay the transfer taxes.

[spadon]

You just have your uncle execute deeds of assignment for the respective shares to his intended transferees, if you have the stock certificates, this can be done by filling in the dorsal portion of the certificates. Then you have to look for the corporate secretaries of the respective corporations and request for the annotation of the assignments to their stock and transfer books. If it involves stock certificates, you can also request for the issuance of new stock certificates under the name of the new owners/transferees.

Thank you for your reply.

 

Would like to clarify the mode of transfer:

 

1. My uncle signs at the back of the stock certificates to be transferred, naming the new owners/transferees therein

questions: can the transferees be multi and named in an and/or manner, ie Juana Santos and/or Jose Santos?

2. Does signed stock certificate have to be notarized?

3. Bring signed (notarized?) stock certifictaes to the respective corporate secretaries for annotation in the corporation's

books and request for issuance of new certificates

4. Any fees to be paid? How much if any?