legal Free Legal Advice

[ReDBaByBuRn]

is separation pay taxable?

[-wet-]

is separation pay taxable?

Section 32 (B )(6)(B ) of the Tax Code, as amended. explain ko sa yo pag nagkita tayo ulet.

Edited June 8, 2010 by -wet-

[ReDBaByBuRn]

ART. 87. Overtime work. - Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.

 

 

in the company that i was with, overtime can only be paid if it is a minimum of 30 mins extension.

 

however, the tl and atl was obliged to attend management meeting where in there are time that the said people involve needs to be in the office for almost 13 hrs and none of the said hrs additional to the 8 hrs is being paid. what legal actions can we do?

Edited June 8, 2010 by ReDBaByBuRn

[swami]

to my peers in the bar.

 

I am handling a murder/homicide case now. here it goes.

 

An information for murder was filed by the city prosecutor's office before the RTC. MR was filed by the accused before the city prosecutor's office, over the resolution recommending the filing of information for murder. the RTC issued a warrant of arrest. accused remained at large. Thereafter, the city prosecutor's office issued a resolution, REVERSING its earlier resolution, and this time, recommending the downgrading of the offense from murder to homicide. a motion to amend information was filed in court by the public prosecutor. the accused filed a corresponding motion to admit amended information.

 

As I represent the private complainant, I filed an Opposition to both motions, on the ground that there's a pending petitio for review with the DOJ, over the 2nd resolution downgrading the offense. Notwithstanding the pendency of the petition for review with the DOJ, the RTC ordered the amendment of the information. 3 days after, accused posted bail since it's already downgraded to homicide. I noticed that the order downgrading the offense from murder to homicide, was not mailed to me until 2 weeks later, that is, well after the accused had already posted bail. In short, di ako binigyan man lang ng opportunity to file an MR dun sa order downgrading the offense. agad na implemented yung order, kasi nga, 3 days after, nag grant agad ng bail.

 

tanong lang: do you think based on those facts, the judge is already biased? I'm thinking of asking the inhibition of the judge, but as we know, it's not easy to do that. what you guys think?

 

pasintabi lang po sa mga non lawyers and the mods. I hope this query won't be deleted. thanks

[jopoc]

to my peers in the bar.

 

I am handling a murder/homicide case now. here it goes.

 

An information for murder was filed by the city prosecutor's office before the RTC. MR was filed by the accused before the city prosecutor's office, over the resolution recommending the filing of information for murder. the RTC issued a warrant of arrest. accused remained at large. Thereafter, the city prosecutor's office issued a resolution, REVERSING its earlier resolution, and this time, recommending the downgrading of the offense from murder to homicide. a motion to amend information was filed in court by the public prosecutor. the accused filed a corresponding motion to admit amended information.

 

As I represent the private complainant, I filed an Opposition to both motions, on the ground that there's a pending petitio for review with the DOJ, over the 2nd resolution downgrading the offense. Notwithstanding the pendency of the petition for review with the DOJ, the RTC ordered the amendment of the information. 3 days after, accused posted bail since it's already downgraded to homicide. I noticed that the order downgrading the offense from murder to homicide, was not mailed to me until 2 weeks later, that is, well after the accused had already posted bail. In short, di ako binigyan man lang ng opportunity to file an MR dun sa order downgrading the offense. agad na implemented yung order, kasi nga, 3 days after, nag grant agad ng bail.

 

tanong lang: do you think based on those facts, the judge is already biased? I'm thinking of asking the inhibition of the judge, but as we know, it's not easy to do that. what you guys think?

 

pasintabi lang po sa mga non lawyers and the mods. I hope this query won't be deleted. thanks

 

 

remember that your are just a private prosecutor, under the direct control and supervision of the PUBLIC prosecutor. ergo, if the public prosecutor wants it downgraded, you are in no position to oppose in the RTC.

 

but go ahead with the appeal. kung maging favorable naman yan sayo, they can still amend the information again.

[JoshII]

Section 32 (B )(6)(B ) of the Tax Code, as amended. explain ko sa yo pag nagkita tayo ulet.

 

Baka naman pwede mo ng i-post dito yung tax code

[JoshII]

Mga boss,

 

Pag may civil case ka ba? Meron ka ba marka na derogatory record pag kumuha ka ng NBI clearance?

[butoy0715]

Unfortunately, cases are not always won on merits alone. There are other factors that come into play and not all are legal. At any rate, if you are not happy with your lawyer you are always free to hire another lawyer to handle your case. You may personally check the court records to find out the reasons for the postponement. I know from personal experience that hearings may be postponed for several reasons: absent judge, lack of time, absent opposing counsel, etc. Btw, who is the judge handling your case?

 

Si judge Marilyn Madamba-Luang po ang may hawak ng case. sir how po ang filing fee ng civil case? because our lawyer suggest that we will file civil case but we have no idea how much it would cost.

[swami]

remember that your are just a private prosecutor, under the direct control and supervision of the PUBLIC prosecutor. ergo, if the public prosecutor wants it downgraded, you are in no position to oppose in the RTC.

 

but go ahead with the appeal. kung maging favorable naman yan sayo, they can still amend the information again.

 

Panero, I beg to differ. As private prosecutor, I protect the civil aspect of the case. The civil liability arising from murder will be much more (read: more money for private complainant) than that of homicide. Ergo, should the act of the judge diminish in any manner the civil liability that may be recovered from the accused, private complainant may rightfully impugn such arbitrary act.

 

that's just my opinion, panero.

Edited June 18, 2010 by swami

[Pinoymale]

Si judge Marilyn Madamba-Luang po ang may hawak ng case. sir how po ang filing fee ng civil case? because our lawyer suggest that we will file civil case but we have no idea how much it would cost.

 

Atty. Marilyn Madamba-Luang is not a judge, she's the head of the Las Pinas Office of City Prosecutors. If I understand it correctly, the case is not yet at the court level, it is still with the fiscal's office for preliminary investigation. Filing fees for civil cases are computed based on your prayers and the amount of damages you are asking for. Once you decide on how much you will be asking for, you may inquire with the RTC or MeTC OCC (Hall of Justice Bldg) about the filing fees. What criminal charge/s did you file with the fiscal's office?

[jopoc]

Panero, I beg to differ. As private prosecutor, I protect the civil aspect of the case. The civil liability arising from murder will be much more (read: more money for private complainant) than that of homicide. Ergo, should the act of the judge diminish in any manner the civil liability that may be recovered from the accused, private complainant may rightfully impugn such arbitrary act.

 

that's just my opinion, panero.

 

 

here is my opinion, if you are going for the civil aspect, then file a separate civil action, in that way, you are not under the direct control and supervision of the public prosec. so if the public prosec says that the criminal case should be for homicide, and not murder, and you do not agree to that on the basis that you will get more in a murder case, then file a separate civil action, there you can ask anything you want.

 

my take here is that anything that refers to the criminal aspect (like the information to be filed) is under the control of the public prosecutor. as private prosecutor, you are bound by it. if you dont agree with the fiscal, like i said, go ahead with the appeal. if the DOJ sec later orders the public prosec to amend the information to murder, then the fiscal is obliged to follow.

[bonito99]

Baka naman pwede mo ng i-post dito yung tax code

 

 

 

 

Google is your friend.

 

Mga boss,

 

Pag may civil case ka ba? Meron ka ba marka na derogatory record pag kumuha ka ng NBI clearance?

 

Wala.

[cydney_maldita]

heres the scenario:

A-----husband

B------wife

C------first daughter

D---inlaws

 

 

A and B got separated kasi palagi nanbabae si A, they got a final decision na hiwalay na since si A may family na while si B na involved na din sa ibang lalaki...

yung bahay na tinitirahan ni B and C, ay pag aari ng family ni A since buhay pa yung matanda nde pa nahahati yung mga ari arian....

may right ba yung D na palayasin si C or B sa bahay na tinitirahan nila??(since hindi pa ito titulado dahil buhay pa yung lola ni C)or what if makisama na si B sa ibang lalaki pwede bang mag stay si C sa bahay na yun? or technically si A ang dapat magpalayas kay C since sya yung anak ng may ari....(legitimate daughter si C and legitimate wife si

[swami]

here is my opinion, if you are going for the civil aspect, then file a separate civil action, in that way, you are not under the direct control and supervision of the public prosec. so if the public prosec says that the criminal case should be for homicide, and not murder, and you do not agree to that on the basis that you will get more in a murder case, then file a separate civil action, there you can ask anything you want.

 

my take here is that anything that refers to the criminal aspect (like the information to be filed) is under the control of the public prosecutor. as private prosecutor, you are bound by it. if you dont agree with the fiscal, like i said, go ahead with the appeal. if the DOJ sec later orders the public prosec to amend the information to murder, then the fiscal is obliged to follow.

 

 

we are after revenge, not money. we're just using the civil liability as pre-text to justify our insistence that the charge should be murder, not homicide, as what is always done in practice. Filing a separate civil action is dangerous (e.g., the accused may connive with the fiscal, and cause the dismissal of the criminal information, with enormous ramification to the civil complaint)

[guest1979]

Good day sir/madame,

 

hope someone from this thread could help me with my problem with regards to my previous employer. the effectivity of my resignation was last april 16, 2010, but to date I have not received my compensation and terminal pay. before i left the company I am cleared of my duties and responsibilities as an accounting clerk. I have been connected with that company for 4 years and 7 months.

 

Lately, my previous officemate informed me that they have already prepared my terminal pay, (salary, over time pay and vacation leave credits converted to cash) but no 13th month pay. they said that I am not entitled for even if pro rated.

 

My question is

1. Do the company i am previously connected is obliged to pay me for the non payment on time of my salary and other benefits?

2. Am I not entitled for the pro-rated 13th month?

 

thanks for answering.