legal Free Legal Advice

[Dr_PepPeR]

kahit walang application form na pinirmahan? yung sign lang sa receipt na lumalabas kada may purchases?

 

You used it, didn't you?

[Giancarlo Judge]

Good afternoon mga Attorney. Last year I consulted here yung sitwasyon ko. I resigned from a company and they held on to my last pay and commission, ITR and clearance because I have demo units on loan to clients that I needed to pull out and return. I've done that and reached an agreement with my former company to pay for some of the items that are unreturned per advice here.

 

However, several weeks have passed since they told me that I'm cleared and they just keep on telling me that they would give me my money. Yesterday, I followed up and still nothing. So, I requested HR to give me a copy of the clearance if it's ready. They sent it to me and from the clearance, I saw that as of March 11, 2010, the person in-charge for demo units cleared me already and April 19, 2010 the VP for Finance has already given instructions. Today is July 21, 2010 and still no certainty that they are going to give me my last pay.

 

Please advice me on what action I can take.

 

Thanks in advance.

[vicaner]

Section 11, Republic Act No. 9208

 

Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows:

 

(a) First offense - six (6) months of community service as may be determined by the court and a fine of Fifty thousand pesos (P50,000.00); and

( Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred thousand pesos (P100,000.00).

 

Note that under Section 4(e) of the same law, it is considered "trafficking in persons" "to maintain or hire a person to engage in prostitution or pornography." Engaging the ES of a masseuse could be construed as falling under Section 11.

 

If one is not caught in the act, you could argue that you were not engaged in wrongdoing (pero makikipag-debate ka pa ba o aareglo na lang para di na lumabas pangalan mo?)

 

Thank you bro rocco

I have another question please, could you kindly quote the law wherein an OFW is allowed to drive a motor vehicle in the philippines using his foreign driving license (as long as it is in english) for a maximum duration of three (3) months. I saw it in the LTO websire before but it suddenly disappeared for some reason. muchos gracias

[Dr_PepPeR]

Good afternoon mga Attorney. Last year I consulted here yung sitwasyon ko. I resigned from a company and they held on to my last pay and commission, ITR and clearance because I have demo units on loan to clients that I needed to pull out and return. I've done that and reached an agreement with my former company to pay for some of the items that are unreturned per advice here.

 

However, several weeks have passed since they told me that I'm cleared and they just keep on telling me that they would give me my money. Yesterday, I followed up and still nothing. So, I requested HR to give me a copy of the clearance if it's ready. They sent it to me and from the clearance, I saw that as of March 11, 2010, the person in-charge for demo units cleared me already and April 19, 2010 the VP for Finance has already given instructions. Today is July 21, 2010 and still no certainty that they are going to give me my last pay.

 

Please advice me on what action I can take.

 

Thanks in advance.

 

Write a demand letter to the HR department, asking them to give you your last pay and commission, together with a computation. Attach a copy of your clearance. Copy furnish the president of the company. Keep your tone civil but point out that what they are doing is unreasonable and you would like an explanation why it hasn't been done yet. It's time to document everything just in case you have to file a complaint in DOLE.

[rocco69]

http://www.lto.gov.ph/dls_faq.html

 

Thank you bro rocco

I have another question please, could you kindly quote the law wherein an OFW is allowed to drive a motor vehicle in the philippines using his foreign driving license (as long as it is in english) for a maximum duration of three (3) months. I saw it in the LTO websire before but it suddenly disappeared for some reason. muchos gracias

[Giancarlo Judge]

Write a demand letter to the HR department, asking them to give you your last pay and commission, together with a computation. Attach a copy of your clearance. Copy furnish the president of the company. Keep your tone civil but point out that what they are doing is unreasonable and you would like an explanation why it hasn't been done yet. It's time to document everything just in case you have to file a complaint in DOLE.

 

Thank you very much. I will follow your advice.

[Arneeious]

Is there a way that legitimate children can protect their inheritance from any possible illegitimate children? If the parents sell their properties to one of the legitimate children, can the illegitimate child still go after the properties after the parents are dead? Thanks.

[rocco69]

if it's a "real" sale, then illegitimate children cannot go after the property sold (as the owner has the right to sell the property to whomsoever he wants).

 

However, if the "sale" is actually a "donation" made to appear as a sale (i.e. wala naman talagang ibinayad yung anak na pinagbentahan, kunwari lang na ibenenta), if it exceeds the portion that can be donated by the parent (assuming that there is a surviving spouse and children - the children get 1/2 of the entire estate, the surviving spouse gets the same share as that of each child, the illegitimate children are entitled to 1/2 the share of a legitimate child [but always limited to what remains after deducting the share of the legitimate children and the surviving spouse], the rest can be donated), then the illegitimate child can file an action to show that it is a simulated sale (he has to prove either that the buyer did not have capacity/means to buy, or that no consideration was actually paid by the supposed buyer) and then get back the portion which pertains to his share (1/2 the share of the legitimate child).

 

Examples:

 

T has two legitimate children, a surviving spouse, and one illegitimate child. His estate is worth P12Million.

 

T's legitimate children are entitled to 1/2 or P6Million, which they divide 50/50 or P3M each

The surviving spouse gets the same share as that of each child or P3M

The illegitimate child gets 1/2 the share of a legitimate child or P1.5M

 

The remaining 1.5M can be freely donated (Note that the entire P12Million can be sold by T because he is the owner, and anyway, the proceeds of the sale substitute the property sold).

 

If T fictitiously sells P3M of property to one of his legitimate children (thereby seemingly reducing his estate to only P9M), then the illegitimate child can go after this fictitious sale, have it set aside, in order to get his P1.5M share.

 

 

 

 

 

 

Is there a way that legitimate children can protect their inheritance from any possible illegitimate children? If the parents sell their properties to one of the legitimate children, can the illegitimate child still go after the properties after the parents are dead? Thanks.

[Arneeious]

If it's a donation made to appear as a sale, can the illegitimate child still go after the property regardless of how many years have passed between the sale and the death of the parents?

 

if it's a "real" sale, then illegitimate children cannot go after the property sold (as the owner has the right to sell the property to whomsoever he wants).

 

x x x

 

 

If T fictitiously sells P3M of property to one of his legitimate children (thereby seemingly reducing his estate to only P9M), then the illegitimate child can go after this fictitious sale, have it set aside, in order to get his P1.5M share.

[ricardo23]

If you mean liability under BP22 or estafa, no.

 

I mean for example: Ahente ka ng pako sa isang hardware tapos yung cutomer na bumili ng pako pumutok yung checke,

 

responsibility b ng ahente yun? , and yung customer na yun bumibili na sa hardware na yun, before pa nagwork yung ahente dun

 

sa hardware , kumbaga sya lang yung naghandle nung account na yun...

 

Thanks

Attorney

Edited July 24, 2010 by ricardo23

[rocco69]

Yes. All donations made during the lifetime of the parent are to be included in computing the estate of the parent after the parent dies. The problem would be in proving that the sale was actually a donation. Likewise, if many years have passed, the heirs might just forget that a sale (that was actually a donation) was made a long long time before.

 

quote name='Arneeious' date='24 July 2010 - 08:41 PM' timestamp='1279975304' post='7497468']

If it's a donation made to appear as a sale, can the illegitimate child still go after the property regardless of how many years have passed between the sale and the death of the parents?

[vicaner]

thank you bro rocco for the link in the LTO

[Dr_PepPeR]

I mean for example: Ahente ka ng pako sa isang hardware tapos yung cutomer na bumili ng pako pumutok yung checke,

 

responsibility b ng ahente yun? , and yung customer na yun bumibili na sa hardware na yun, before pa nagwork yung ahente dun

 

sa hardware , kumbaga sya lang yung naghandle nung account na yun...

 

Thanks

Attorney

 

Ordinarily, the agent has no responsibility for the unfunded check of the customer. Unless of course, he was specifically instructed not to accept check payments.

[Itto Ogami]

greetings, GM-master-lawyers.

would appreciate your opinion on the ff matter:

an unmarried couple has a child.

father acknowledges paternity so child is named after him.

couple separates.

mother wants child to be named after her instead.

is there a way to effect a change in surname without a court hearing?

what's the most cost-effective way of going about this?

(since mother is not really financially stable.)

tia!

[spikelao]

Sir Rocco!

 

Good day!

 

Follow up lang sir dun sa huli kong inquiry:

 

1. Ako ay walang ibang ari-arian maliban dun sa kotse. Wala rin akong mga lupa o pera sa bangko maliban dun sa inereremit sa akin ng kamag-anak ko mula sa ibang bansa na ito ay winiwidraw ko rin. Ano ang gagawin nila kung wala silang mabatak?

 

2. Kung sakaling lumabas ang default at isinauli ko ang sasakyan, pati ba yung attorney's fee at iba pang gastos nila ay babayaran ko pa?

 

3. Maaari bang parahin na lang ng mga pulis ang sasakyan ko kapag ito ay nakita nila at batakin?

 

Ito lamang po at maraming salamat.