legal Free Legal Advice

[ChiliMac]

Question po.

 

A friend of mine and her companion was held up at knife point in the lobby of a building where her employer is a tenant. It happened at 5 in the morning and the men who held them up was also inside the lobby, there were no security personnel by the building present when it happened. Can they file a complaint for damages against the owner of the building for being negligent since their contracted security was not able to secure the premises? I have read cases regarding Torts particularly quasi-delicts but I have yet to find a similar case with the same facts, most of which are "vehicular accidents". Thanks in advance.

[yellowjacket]

Good day po.

 

hingi lang po advise. yun utol ko my kabit at dalawa anak. hiwalay sya sa asawa. nahuli sya sa bahay ng kabit nya ng ex-wife nya. eskandalo derecho. sa loob ng bahay nagsampalan dalawa ex-wife at kabit. nagbanta na ipakukulong sila dalawa ng ex-wife.

 

Question po:

1. ano pong kaso ang pwede harapin ng utol ko?

2. pwede po ba sya kasuhan ng ex-wife kung hiwalay na nga ba sila?

3. pwede ba sya kasuhan ng ex-wife kung may legal wife ang utol ko (sa first wife hiwalay na rin nasa abroad)

4. kasal din sila ng ex-wife dahil sabi ng ex-wife (sya nagprocess ng papers sa huwes para makasal sila) wala daw sya record ng kasal sa una asawa sa munisipyo (ayon sa ex-wife). sa maling sabi nagpakasal sila dahil single pala sya (ayon sa ex-wife) at may isang anak na rin sila. pwede ba mawalan ng karapatan ang ex-wife sa mga naipundar nya kung mapatunayan na valid pa rin pala ang unang kasal?

5. sa pag eskandalo sa kanya ng ex-wife in public pwede ba nya ireklamo ito at kasuhan din?

 

Thank you in advance mga sir!

[Marcog]

TS, I would like to ask a legal opinion. If one was appointed as an Interim Manager last July 2012 and was given a memo last April 15, 2013 that his services will only be good until the end of the month of April 2013, does he have the same rights of a regular employee since he has served the company for more than 6 months? Can the individual ask for back wages on the ground of illegal termination?

 

We cannot assume that this is an illegal termination because we do know the grounds of termination or his employment status. My advise is check first his employment status and contract. Next is identify the nature of the termination. With these, we can have a better guage if its illegal or not.

[azazel_six]

i'd like to get an idea on what to do with my legal issue. ive been working for about 8 years already and recently just found out that my SSS has a problem when i decided i'd like to take out a loan with them. even though my SSS has the proper deposits from all the companies that i've been in. but the problem is that they have my name wrong. and to make it worse, they have my sex as female. im a guy and they accidentally encoded my name wrong and got my gender wrong.

 

so i guess my question is what is the best way to approach this problem? what legal papers would i have to aquire?

[jakewise]

We cannot assume that this is an illegal termination because we do know the grounds of termination or his employment status. My advise is check first his employment status and contract. Next is identify the nature of the termination. With these, we can have a better guage if its illegal or not.

 

Sir Marcog,the grounds of termination is that he was not able to bring in the required quota of sales as an Interim Regional Manager from the time of the appointment which is July 2012 up to April 2013 despite his reasoning that he was only given a presentable office which had an office blessing only last April 12, 2013 and by Monday, April 15, 2013, he received an email that his services will only be until April 30, 2013 due to the above mentioned reason. Without a presentable office, he said that no one will invest as they might think that it is a scam, which is understandable but not to the upper management, hence, his termination.

 

With regard to his employment status, he only has the interim appointment as Regional Manager wherein one of the stipulations stated that he will be given a company car, and yet, he was never given one which I believe is breach of contract? Am I correct on this?

[chaos122512]

Hey... I was just wondering if someone here can advise me on a legal matter... Let me tell you guys a short story first... One of my friends now (female) whom I'm getting quite fond of was raped a year ago by her boyfriend for six (6) years... She gave birth to a very beautiful child just this year... My friend doesn't want to press charges, taking into consideration that her parents are both suffering from heart ailments and the knowledge of what transpired might end her parents lives... She had talked to the guy to tell him not to ever bother her anymore, but still the guy is persistent, to the point of texting her parents and sending her money for child care, which she had always returned. Another thing to take into consideration is that the rapist/ex-bf is a good lawyer and comes from a powerful family.

 

My questions are as follows:

 

1. Since my friend is adamant and had swore that she will never let her ex/rapist see her child, what can she do in order to make sure this happens without resulting to filing a criminal case against her rapist?

2. Are rapists in the constitution allowed parental privileges?

3. Is there a chance that her child might be dragged into court for parental custody in case she doesn't file a case???

4, Knowing that the rapist/ex is a lawyer and has strong connections, what are the chances of her winning in case she files even though they had been together for 6 years in the past before the rape occurred??

5. What do you advise on the said matter???

 

I am looking forward to any advice regarding this matter. thank you for the time in reading this.

[Berdeng_Anino]

Hi mtc'ers,

 

just hoping that someone could enlighten me on what to do next.

 

Normally, I get assigned to drive the company car home pag inaassign yung regular driver namin to drive the 40fter truck. I didn't mind kasi parang favor nadin sa company yun and extra ot din naman kasi kahit na pa 1hr lang...

 

Last Saturday Nov 8, as we were headed home from work, sa me Alabang viaduct, yung nasa harap ko biglang nagslow down and nearly stopped, I was able to brake but unfortunately dahil umulan, nag skid vehicle namin, and I ended up rear ending him, medyo grabe and impact but fortunately nobody was hurt badly. I got the police report nung monday na, and parang kinuwento lang ang pangyayari resulting damage on both cars, walang nilagay kung kaninong fault etc. Nung tuesday, nakausap ko ang insurance company namin and they called the other party, pero di ata magkasundo sa kasang pagpapagawan. Then he's demanding that magkita kami para pag usapan ang settlement, pero sabi ng insurance company namin na di na daw ako authorized, and they will send an adjuster to talk with him. as of yesterday friday, tinatawagan nung adjuster but he can't be reached on the 2 cellphone numbers he gave... so that had me worried, early on palang, laging sinasabi nya "gawin mo to... gawin mo yan kundi magfafile ako ng kaso, o kaya see you in court nalang..."

 

Tama ba na hayaan ko na sa Insurance company namin yun? or should I be doing anything else?

[Berdeng_Anino]

Follow d advice of the insurance company.when they tell u ur not authorized, anything udon without their consent balewala in, pag gumastos kase di nila shoulder un. That's the purpose ng insurance. Bilib me ung nabangga mo will not bother to file a case, ciyà lugi nun.

 

Thank you for the reply... really appreciate it

[Elai]

Hi. Question po. If sounded unprofessional in email or the tone of the sender is out of line, even if it is not intention to offend, under Labor of the Philippines Book 6 Article 282, pwede ba maging grounds for termination yun? Thank you.

[Google]

Hi. Question po. If sounded unprofessional in email or the tone of the sender is out of line, even if it is not intention to offend, under Labor of the Philippines Book 6 Article 282, pwede ba maging grounds for termination yun? Thank you.

 

imho, it depends on your company policy, but generally no.

[snaHlegaR]

Ask ko lang po.... my contract will expire by Dec. 31, 2013. And I am on leave until my contract expires. Magkakaproblem po ba ako in anyway if I sign a new contract within my leave period in a different company? I am from a government office (health department). Going to a BPO industry.ok lang po ba na ideklare ko na im not connected with them anymore?

[Pinoymale]

Ask ko lang po.... my contract will expire by Dec. 31, 2013. And I am on leave until my contract expires. Magkakaproblem po ba ako in anyway if I sign a new contract within my leave period in a different company? I am from a government office (health department). Going to a BPO industry.ok lang po ba na ideklare ko na im not connected with them anymore?

 

I don't think you'll have a problem with signing a new contract job while you're still in the govt office. I did the same the same thing when I was also with a govt agency and moved to a new job. It's a common and wise step to make sure you have a new job (by signing the contract) before you resign from your present employment. You might have a problem if you declare that you are no longer connected with the govt office, the BPO company may interpret this as making false statements.

[Pinoymale]

Hi mtc'ers,

 

just hoping that someone could enlighten me on what to do next.

 

Normally, I get assigned to drive the company car home pag inaassign yung regular driver namin to drive the 40fter truck. I didn't mind kasi parang favor nadin sa company yun and extra ot din naman kasi kahit na pa 1hr lang...

 

Last Saturday Nov 8, as we were headed home from work, sa me Alabang viaduct, yung nasa harap ko biglang nagslow down and nearly stopped, I was able to brake but unfortunately dahil umulan, nag skid vehicle namin, and I ended up rear ending him, medyo grabe and impact but fortunately nobody was hurt badly. I got the police report nung monday na, and parang kinuwento lang ang pangyayari resulting damage on both cars, walang nilagay kung kaninong fault etc. Nung tuesday, nakausap ko ang insurance company namin and they called the other party, pero di ata magkasundo sa kasang pagpapagawan. Then he's demanding that magkita kami para pag usapan ang settlement, pero sabi ng insurance company namin na di na daw ako authorized, and they will send an adjuster to talk with him. as of yesterday friday, tinatawagan nung adjuster but he can't be reached on the 2 cellphone numbers he gave... so that had me worried, early on palang, laging sinasabi nya "gawin mo to... gawin mo yan kundi magfafile ako ng kaso, o kaya see you in court nalang..."

 

Tama ba na hayaan ko na sa Insurance company namin yun? or should I be doing anything else?

 

If your company has a lawyer (in-house or external) you should consult with him/her on what you should do since whatever actions you take will involve and affect the company. The lawyer will probably tell you not to meet with the other person and to just let someone else with proper training to handle the situation.

[Pinoymale]

i'd like to get an idea on what to do with my legal issue. ive been working for about 8 years already and recently just found out that my SSS has a problem when i decided i'd like to take out a loan with them. even though my SSS has the proper deposits from all the companies that i've been in. but the problem is that they have my name wrong. and to make it worse, they have my sex as female. im a guy and they accidentally encoded my name wrong and got my gender wrong.

 

so i guess my question is what is the best way to approach this problem? what legal papers would i have to aquire?

 

You can inquire from SSS about correcting the errors. There may be a form that you can fill up to have the errors corrected. I would think that errors in a person's SSS personal details are very common and SSS should have a procedure for correcting them.

[snaHlegaR]

I don't think you'll have a problem with signing a new contract job while you're still in the govt office. I did the same the same thing when I was also with a govt agency and moved to a new job. It's a common and wise step to make sure you have a new job (by signing the contract) before you resign from your present employment. You might have a problem if you declare that you are no longer connected with the govt office, the BPO company may interpret this as making false statements.

So ok lang po na mag sign ako ng contract then start asap even though nakaleave pa ako until my contract expires?