legal Free Legal Advice

[JEFFisHOT]

any advice on what this is?

[Dr_PepPeR]

I recall reading in the papers that certain MTCs will be designated as small claims courts or have been designated already, and lawyers will not be required to pursue or defend a claim. Perhaps the practitioners can shed more light on this.

[moed]

A.M. No. 08-8-7 SC; Rule of Procedure for Small Claims.

[JEFFisHOT]

ah ok , so what do you suggest we do? will they really file case to pursue 11k?

[moed]

If the summons is authentic, that means a small claims action has already been filed against you. Under Sec. 11, you should file with the court and serve with the plaintiff a duly accomplished and verified response within a non-extendible period of ten days. Even though a lawyer is not allowed to appear for you at the hearing, I believe you would need one to assist you with the response. Under Sec. 12, failure to file response, the court shall render judgement as may be warranted by the facts alleged in the Statement of Claim, limited to what is prayed for, but may reduce the amount of damages.

This rule is very favorable to the plaintiff as the period to file response is very short and the defendant such as yourself may very well not know what is going on, specially if he doesn't have a lawyer to consult with. A motion for extention of time to file a pleading is a prohibited so I would expect a lot of judgements to be made based on the Statement of Claim. If I were you, I'd hurry up and file the response, with assistance of a lawyer.

[dylandark]

can a probationary employee be terminated without due process? these are the facts, an employee of a call center company was terminated due to failure on the RTA (real time adhesion). for those who dont know, RTA is the actual length of time that an employee is actually working or taking calls. the passing is 95% and it showed that this employee didnt pass the RTA ( i think the employee got 88-91% around that area.) . This was just informed the day of the employee's termination. Normally the team managers give warnings (verbal,written and final), this employee receive none. There are stats that are more important than the RTA, like Quality, Conversion rates, ticket size and specially attendance. this employee only used one absent on the allowable three. and the rest of the stats were on the passing rate. of all 25 people of that batch, about half was terminated due to different reasons but this one takes the cake of unfairness. all employees now think that there is a conspiracy going on, that instead of laying off people, the management just used some feeble reasons like that to terminate people. Its true that there are too many employees now and i belong to an earlier batch that has few people than now, before my regularization i incur too many lates, low conversions, i have one absent, and a failing RTA too. what can those people do? especially this employee. is the right to due process and to be heard both procedural and substatial indispensable in this case even though they are probationary. are there some cases involving call centers here in the philippines already has SC decisions?

 

Thank you mga boss. and more power.

[Dr_PepPeR]

can a probationary employee be terminated without due process? these are the facts, an employee of a call center company was terminated due to failure on the RTA (real time adhesion). for those who dont know, RTA is the actual length of time that an employee is actually working or taking calls. the passing is 95% and it showed that this employee didnt pass the RTA ( i think the employee got 88-91% around that area.) . This was just informed the day of the employee's termination. Normally the team managers give warnings (verbal,written and final), this employee receive none. There are stats that are more important than the RTA, like Quality, Conversion rates, ticket size and specially attendance. this employee only used one absent on the allowable three. and the rest of the stats were on the passing rate. of all 25 people of that batch, about half was terminated due to different reasons but this one takes the cake of unfairness. all employees now think that there is a conspiracy going on, that instead of laying off people, the management just used some feeble reasons like that to terminate people. Its true that there are too many employees now and i belong to an earlier batch that has few people than now, before my regularization i incur too many lates, low conversions, i have one absent, and a failing RTA too. what can those people do? especially this employee. is the right to due process and to be heard both procedural and substatial indispensable in this case even though they are probationary. are there some cases involving call centers here in the philippines already has SC decisions?

 

Thank you mga boss. and more power.

 

Probationary employees are not entitled to due process or the same rights as regular employees. Of course, if there is bad faith or fraud, it may be possible to file a civil case for damages but based on the facts you recited, the probie was given the standards for regularization and did not achieve it during the period.

[maxsurban77]

sir, tanong ko lang po...

 

I have witnesses. They've written a sworn statement na notarized in the front of my attorney. BUT my witnesses don't want an audience with the prosecutor stating that their notarized report is more than enough? Can the I request the prosecutor to subpoena them? Are they obligated to appear as per request of the Prosecutor? Because ang reason ng isa kong attorney was that "why did your witnesses bother writing a sworn statement and informing them about the legal coverage only for them to back out later on." Can my witnesses be charged? Purgery? Held in contempt? Need your input in this. Thanks.

 

You may request the prosecutors to issue subpoena but in reality, very few of them would do so. Ang effect nyan, yung affidavits nila will be considered as attachements in support of your own. Puede na yan sa preliminary investigation. Pag sumampa ang kaso sa court, ang court talaga nag issue ng subpoena.

[braves09]

hi sir im newbie here

 

ask lng ako ng advice pls

 

here my case...seperated (kasal kami sa simbahan) ako from my 1st wife sence 1995..,when i working sa saudi nagluko sya at tuluyang ng sumama sa lalaki nya...may 2 kming anak na sence then ei tuloy tuloy lng sustento ko even some time sa parent ko sila tumitira but now nasa mother nila sila at may anak narin ung ex ko sa kinakasama nya....now narito ako sa UAE sir at may common wife narin ako with 2 kids narin at gusto nay rin sumama sakin dito pr magtrabaho in that case gusto kong ikuha sya ng husband visa (meaning ikakabit sya sa visang gamit ko)..ang problema di kami kasal at isa sa mga supporting doc. ung marriage contract para maikuha ko sya ng husband visa...

 

Now magbabakasyon ako this coming april 6 at plano namin magpakasal sa civil..no ang tanong ko

 

1. pede ba akong magpakasal sence almost 15 years na akong hiwalay sa 1st wife ko?

 

2. if ever magpakasal ako at malaman ng ex ko them maghabog even una sya gumawa ng kalukuhan..may habol ba sya?

 

3. makakasuhan ba ako at ung common wife ko if ever may maghabol life my ex?

 

4. gusto kong ma annul un kasal ko pero di ko kayang magbayad ng lawyer at di rin ako pedeng tumigil jan sa pinas pr tutokan ung ipafile kong annulment...ano bang dapat kong gawin?

 

5. may ginawa kami ng ex na kasulatan sa harap ng baranggay captain (w/ his sign) na pirmado namin pareho na wala na kami pakialaman sa isat isa kahit ano gusto namin gawin sa buhay.

 

pede ko pong idetails ung pangyayari if ever gusto nyo coz sangkot din ung mother at father ung lalaki na kinakasama ng ex ko that time na natatagpo sila....

 

thanks in advane sir/mam

[bonito99]

hi sir im newbie here

 

ask lng ako ng advice pls

 

here my case...seperated (kasal kami sa simbahan) ako from my 1st wife sence 1995..,when i working sa saudi nagluko sya at tuluyang ng sumama sa lalaki nya...may 2 kming anak na sence then ei tuloy tuloy lng sustento ko even some time sa parent ko sila tumitira but now nasa mother nila sila at may anak narin ung ex ko sa kinakasama nya....now narito ako sa UAE sir at may common wife narin ako with 2 kids narin at gusto nay rin sumama sakin dito pr magtrabaho in that case gusto kong ikuha sya ng husband visa (meaning ikakabit sya sa visang gamit ko)..ang problema di kami kasal at isa sa mga supporting doc. ung marriage contract para maikuha ko sya ng husband visa...

 

Now magbabakasyon ako this coming april 6 at plano namin magpakasal sa civil..no ang tanong ko

 

1. pede ba akong magpakasal sence almost 15 years na akong hiwalay sa 1st wife ko? NO.

 

2. if ever magpakasal ako at malaman ng ex ko them maghabog even una sya gumawa ng kalukuhan..may habol ba sya? YES

 

3. makakasuhan ba ako at ung common wife ko if ever may maghabol life my ex?YES

 

4. gusto kong ma annul un kasal ko pero di ko kayang magbayad ng lawyer at di rin ako pedeng tumigil jan sa pinas pr tutokan ung ipafile kong annulment...ano bang dapat kong gawin? GET A LAWYER

 

5. may ginawa kami ng ex na kasulatan sa harap ng baranggay captain (w/ his sign) na pirmado namin pareho na wala na kami pakialaman sa isat isa kahit ano gusto namin gawin sa buhay. USELESS YAN

pede ko pong idetails ung pangyayari if ever gusto nyo coz sangkot din ung mother at father ung lalaki na kinakasama ng ex ko that time na natatagpo sila....

 

thanks in advane sir/mam

[Barenaked-NoMre]

Anyone who specializes with Labor Law here?

 

Need your help ... pls PM, so I can share more details.

 

Thanks!

[bakal357]

hi sir im newbie here

 

ask lng ako ng advice pls

 

here my case...seperated (kasal kami sa simbahan) ako from my 1st wife sence 1995..,when i working sa saudi nagluko sya at tuluyang ng sumama sa lalaki nya...may 2 kming anak na sence then ei tuloy tuloy lng sustento ko even some time sa parent ko sila tumitira but now nasa mother nila sila at may anak narin ung ex ko sa kinakasama nya....now narito ako sa UAE sir at may common wife narin ako with 2 kids narin at gusto nay rin sumama sakin dito pr magtrabaho in that case gusto kong ikuha sya ng husband visa (meaning ikakabit sya sa visang gamit ko)..ang problema di kami kasal at isa sa mga supporting doc. ung marriage contract para maikuha ko sya ng husband visa...

 

Now magbabakasyon ako this coming april 6 at plano namin magpakasal sa civil..no ang tanong ko

 

1. pede ba akong magpakasal sence almost 15 years na akong hiwalay sa 1st wife ko? HINDI... DAHIL KASAL KA PA SA UNA MONG ASAWA...

 

2. if ever magpakasal ako at malaman ng ex ko them maghabog even una sya gumawa ng kalukuhan..may habol ba sya? OO... DAHIL KASAL KA PA SA KANYA

 

3. makakasuhan ba ako at ung common wife ko if ever may maghabol life my ex? OO... DAHIL KASAL KA PA NGA SA UNA MONG ASAWA

 

4. gusto kong ma annul un kasal ko pero di ko kayang magbayad ng lawyer at di rin ako pedeng tumigil jan sa pinas pr tutokan ung ipafile kong annulment...ano bang dapat kong gawin? TULAD NG SINABI NO BONITO, GET A LAWYER!!!

 

5. may ginawa kami ng ex na kasulatan sa harap ng baranggay captain (w/ his sign) na pirmado namin pareho na wala na kami pakialaman sa isat isa kahit ano gusto namin gawin sa buhay. WHAT A WASTE OF YOUR TIME!!! BAKIT? GAYA NG SINABI NI BONITO, USELESS YAN...

 

pede ko pong idetails ung pangyayari if ever gusto nyo coz sangkot din ung mother at father ung lalaki na kinakasama ng ex ko that time na natatagpo sila....

 

thanks in advane sir/mam

[bonito99]

Anyone who specializes with Labor Law here?

 

Need your help ... pls PM, so I can share more details.

 

Thanks!

 

 

You can ask anyone here.

 

[Dr_PepPeR]

You can ask anyone here.

 

 

Yes, why not give it a shot here?

[bitchy_mammie]

hi, guys...need some help...

 

it's regarding my son...i'm a single mom and i dont have any papers where his dad actually acknowledged him legally...but my son knows who his dad is...coz he was introduced na to him as the father...

 

just want to know if i can ask for support from him now...i dont know much about the family law...and naguguluhan ako sa dami ng nag-aadvise sa kin....

 

thanks much...