legal Free Legal Advice

[Google]

Hi Guys would need your opinion. If a current corporation would need to close down to change it's name but retain its employees what would be the repercussion for the corporation? Do they need to pay separation fee even if the employees would still be retained in the new corporation?

yes, imho. since they cease to be the employees of the company. mawawala din ang tenure nila.

[muffin]

yes, imho. since they cease to be the employees of the company. mawawala din ang tenure nila.

Kapag continued tenure po?

[jay_montes]

Hi Mga Boss, meron akong Tanong sana. Meron kasing kotse dito sa condo namin na nakatambay lang. More than 2 years na yata to at nasasayangan ako kasi pwede pang pakinabangan. Meron bang legal way of acquiring it? Or knowing who the owner is via LTO? Or declaring it as abandoned and then acquiring it?

[maxinquaye]

Kapag continued tenure po?

Kapag continued tenure po?

if the tenure continues and the only change is the corporate name then no need for separation benefits

[Google]

Kapag continued tenure po?

kung continued tenure, make sure it is put in writing, and there is no need to pay separation benefits.

[Robert369]

Changing a corporate name doesn't require closing the corporation. Kelangan lang amendment of the articles of incorporation which is done by approval of the board, assent of the majority of the stock owners, and approval of the SEC (Philippine Corporation Code). Yung "repercussion" check first with your amended AOI and/or any documents pertinent to the changes. Walang separation benefits kung ganito lang ang set-up, basta check first on what is written, everything else will follow from those documents...

 

Hi Guys would need your opinion. If a current corporation would need to close down to change it's name but retain its employees what would be the repercussion for the corporation? Do they need to pay separation fee even if the employees would still be retained in the new corporation?

[wildswans]

Hello Sirs, I have some questions. I live in a compound with other neighbors and we're all unrelated to each other. The compound has four units. My parent's car is park in the parking space of another neighbor's property and with their consent. Let's call it unit G. Actually, there's one time we removed the car but they ask us to park there again so that there will always be someone around their property. So we have parked there for several years as pakisama and utang na loob (the house has been abandoned so far).

 

Unfortunately, the neighbor beside them are envious and also, they don't want other people to pass on their property without realizing that they also passed on other people's property. (they should have bought a single house instead). Anyway, they would always make their dogs pee around my parent's car but they would constantly hose the parking space with water and the splashes of water from the ground easily makes my parent's car dirty. If they have to repair their home, they would let the workers stay on unit G's garage as "tambayan", they would put most of the construction materials especially cement and sand because they don't want their property to get dirty. Also, perhaps to intimidate us to stop parking there or our car will get dirty as they also mix cement on the garage. They will paint their roof without informing us to cover the car and etc.

 

I don't know what their problems are and it's not even their property. I got pissed so I built an enclosed shed for the car and this somehow pissed them even more. Yeah I should have built that shed years ago. Anyway, not surprisingly, they still continue to hose the floor with water perhaps to make the shed rust faster since I used galvanized sheets. During their house repair, they will cover the wall of our neighbor/friend with scrap sheet metal to protect it from the sparks generated when one of the workers are grinding steel bars. They let the worker face the shed while grinding so the sparks will bounce off of the wall of our shed.

 

I just let them be as long as the car is safe inside plus I know that they are doing those silly things because they are pissed. So my questions are, what if our shed gets damaged by their antics, do they have the right to argue that they shouldn't be held accountable because we are not supposed to park in that property (which is also not their property)? I asked that because one time I overheard the boss of the construction workers saying, "hindi naman dapat nanjan yan e" pertaining to our car. Also, if they would damage the shed, what can I do? What kind of case should i file?

 

Thanks for any advice.

[wildswans]

Just a correction since, for some reason, I can no longer edit my post. I used the word "abandoned" which is wrong because the house is still owned by the owners (who asked us to parked there) but since they bought a new house they had to move and haven't visited the house for so long. Sorry for the mistake.

[Google]

Hello Sirs, I have some questions. I live in a compound with other neighbors and we're all unrelated to each other. The compound has four units. My parent's car is park in the parking space of another neighbor's property and with their consent. Let's call it unit G. Actually, there's one time we removed the car but they ask us to park there again so that there will always be someone around their property. So we have parked there for several years as pakisama and utang na loob (the house has been abandoned so far).

 

Unfortunately, the neighbor beside them are envious and also, they don't want other people to pass on their property without realizing that they also passed on other people's property. (they should have bought a single house instead). Anyway, they would always make their dogs pee around my parent's car but they would constantly hose the parking space with water and the splashes of water from the ground easily makes my parent's car dirty. If they have to repair their home, they would let the workers stay on unit G's garage as "tambayan", they would put most of the construction materials especially cement and sand because they don't want their property to get dirty. Also, perhaps to intimidate us to stop parking there or our car will get dirty as they also mix cement on the garage. They will paint their roof without informing us to cover the car and etc.

 

I don't know what their problems are and it's not even their property. I got pissed so I built an enclosed shed for the car and this somehow pissed them even more. Yeah I should have built that shed years ago. Anyway, not surprisingly, they still continue to hose the floor with water perhaps to make the shed rust faster since I used galvanized sheets. During their house repair, they will cover the wall of our neighbor/friend with scrap sheet metal to protect it from the sparks generated when one of the workers are grinding steel bars. They let the worker face the shed while grinding so the sparks will bounce off of the wall of our shed.

 

I just let them be as long as the car is safe inside plus I know that they are doing those silly things because they are pissed. So my questions are, what if our shed gets damaged by their antics, do they have the right to argue that they shouldn't be held accountable because we are not supposed to park in that property (which is also not their property)? I asked that because one time I overheard the boss of the construction workers saying, "hindi naman dapat nanjan yan e" pertaining to our car. Also, if they would damage the shed, what can I do? What kind of case should i file?

 

Thanks for any advice.

 

since the shed is not in your property, wala kang laban dyan. verbal agreement lang kayo ng may-ari ng unit G eh. besides, when you built a shed, was it in agreement with the owner?

 

in my opinion, what you can do is to create an agreement (a lease agreement perhaps) with the owner? para may right ka dun sa area? the lease agreement should cover the entire property of the original owner, including the space where you built the shed.

 

question though, wala bang garahe sa loob nung unit G where you can park? mas pwedeng icover yun ng lease agreement eh.

Edited August 23, 2016 by Google

[wildswans]

 

since the shed is not in your property, wala kang laban dyan. verbal agreement lang kayo ng may-ari ng unit G eh. besides, when you built a shed, was it in agreement with the owner?

 

in my opinion, what you can do is to create an agreement (a lease agreement perhaps) with the owner? para may right ka dun sa area? the lease agreement should cover the entire property of the original owner, including the space where you built the shed.

 

question though, wala bang garahe sa loob nung unit G where you can park? mas pwedeng icover yun ng lease agreement eh.

 

May garage po sa unit G but half of it is being occupied by the owner's things.

 

Sir, I don't understand. Kung wala kaming right sa property dahil verbal lang agreement namin ng owner ng unit G then mas walang right yung envious neighbor, hindi po ba? Dahil wala silang pahintulot sa owner. If so, then what happens kapag nadamage yung shed or the car due to their "carelessness"? I'm thinking that somehow they can be held liable because it's not their property also. So kung sakaling may ganon na nangyari, anong pwedeng gawin po?

[Google]

 

May garage po sa unit G but half of it is being occupied by the owner's things.

 

Sir, I don't understand. Kung wala kaming right sa property dahil verbal lang agreement namin ng owner ng unit G then mas walang right yung envious neighbor, hindi po ba? Dahil wala silang pahintulot sa owner. If so, then what happens kapag nadamage yung shed or the car due to their "carelessness"? I'm thinking that somehow they can be held liable because it's not their property also. So kung sakaling may ganon na nangyari, anong pwedeng gawin po?

 

best thing to do is to ask the owner if you can vacate or transfer the things in the garage to inside and put your car sa garage to eliminate the possibility of them damaging the car. kung malakas ka naman dun sa may-ari, papayag yun. or offer to lease the garage only.

 

yes, wala din silang right, but then again, if they damage your things, they are liable for the damage too.

ang sinasabi ko lang, is nasa compound din kasi kayo. its an enclosed space. and each space is owned by someone. if you erect a structure which is outside of your property, it is similar to "squatting, or erection of an illegal structure." it will not hold in court dahil the structure should have not been there in the first place. pag may nag damage ng structure mo sa something that is similar to squatting, pano ka maghahabol? eh di naman sa iyo yung property.

 

however, yung sa car, if they damage the car, pwede kang maghabol.

Edited August 24, 2016 by Google

[wildswans]

 

best thing to do is to ask the owner if you can vacate or transfer the things in the garage to inside and put your car sa garage to eliminate the possibility of them damaging the car. kung malakas ka naman dun sa may-ari, papayag yun. or offer to lease the garage only.

 

yes, wala din silang right, but then again, if they damage your things, they are liable for the damage too.

ang sinasabi ko lang, is nasa compound din kasi kayo. its an enclosed space. and each space is owned by someone. if you erect a structure which is outside of your property, it is similar to "squatting, or erection of an illegal structure." it will not hold in court dahil the structure should have not been there in the first place. pag may nag damage ng structure mo sa something that is similar to squatting, pano ka maghahabol? eh di naman sa iyo yung property.

 

however, yung sa car, if they damage the car, pwede kang maghabol.

 

Thank you for the advice, Sir.

[hero-uy]

Quick question...If I buy a car (through financing) whil my annulment isnon process the car will be considered also as a comjugal property?

[rocco69]

Quick question...If I buy a car (through financing) whil my annulment isnon process the car will be considered also as a comjugal property?

If it's a Deed of Absolute Sale in your name, with a Chattel Mortgage to secure the payment of the loan, it becomes part of your absolute community property. If, on the other hand, the car is titled in the financing company's name, with a Deed of Sale to be executed in your favor after full payment of the loan, and full payment comes after your marriage has been declared void, it doesn't.

 

Your problem would be that most, if not all, car financing schemes are of the first kind.

[hero-uy]

If it's a Deed of Absolute Sale in your name, with a Chattel Mortgage to secure the payment of the loan, it becomes part of your absolute community property. If, on the other hand, the car is titled in the financing company's name, with a Deed of Sale to be executed in your favor after full payment of the loan, and full payment comes after your marriage has been declared void, it doesn't.

 

Your problem would be that most, if not all, car financing schemes are of the first kind.

Hmm..much better to wait nlng after the annulment just to be safe. Thanks for this Sir

[Mr. Prince]

Nice read

[muffin]

Thank you po sa lahat ng nagreply sa akin

[moreley]

Sir, question. If nkaaksidente ba ng 3 yr old kid, may pananagutan ba ang nakabundol na sasakyan, if biglang tumakbo yung bata palabas ng house nila with an open gate. Ngkaayos nmn kami nung parent nung bata and sinagot ko yung hospitalization. Kaya lang lagi kong naririnig sa kanila na dapat pati therapy sagot ko. May nakausap akong secretary ng lawyer. Ang sabi dahil sa bata yun, kasalanan nung parents dahil in the first place, wala sya sa kalye na suppose to be para sa mga sasakyan. May nakausap akong secretary ng lawyer. Ang sabi dahil sa bata yun, kasalanan nung parents dahil in the first place, wala sya sa kalye na suppose to be para sa mga sasakyan.

Ito yung hirap dito...dapat may culpability rin yung guardians since they left the gate open and let their kid run out to the streets that have cars on it. What if you're simply driving within the speed limit and between the correct lanes?

[yamster17]

Hi Guys,

 

I would like to ask you guys if you could assist me , I have a personal loan and the method of payment is thru PDC , im paying it almost a year now, but some unfortunate event occur and im delayed for a month and going two months already, but im willing to settle it on its second month , am I liable for a civil case due to the bounce check that occur? Please I need a legal advise?

[niwri]

guys, question. i need to have my passport certified to get ITIN sa US. paano ba ginagawa yun? sabi sa dfa hindi daw sa kanila. thanks so much in advance

[Google]

Hi Guys,

 

I would like to ask you guys if you could assist me , I have a personal loan and the method of payment is thru PDC , im paying it almost a year now, but some unfortunate event occur and im delayed for a month and going two months already, but im willing to settle it on its second month , am I liable for a civil case due to the bounce check that occur? Please I need a legal advise?

 

you are liable for more. bouncing checks are of criminal in nature (BP22 or Estafa). However, BP22 the recent years have been decriminalized na.

talk to the creditor. tell them that you would be paying for the second month, including interests and penalties.

[*badass*]

good morning attorneys. i am writing on behalf of a cousin. my cousin's mom died recently leaving, among others, a parcel of agricultural land (1.5 hectares). title to said agricultural land is under the name of the deceased (married to). thus being conjugal. the estate has yet to be settled as of today. the husband however wants to sell the property despite the objections of the children. can such a sale be prevented considering that the children want said property to remain with them for sentimental reasons? your legal advise on this matter will be highly appreciated.

[MartyMart]

If the title to the property is in the name of the deceased but acquired during the marriage, the husband cannot unilaterally sell the whole property. At most, he can only sell his conjugal interest in the property (meaning half of the property). The other half belongs to the compulsory heirs of the deceased (i.e., the husband and children). Title to the property cannot be legally transferred to a buyer until there has either been a judicial or extra-judicial settlement of the deceased's estate.

[*badass*]

thanks chief. but if for any reason, title to said property was transferred to the buyer without a judicial or extrajudicial partition, can the legitimate children run after the buyer and recover the property? can the buyer allege that he is a buyer in good faith? thanks again.

[jopok]

ano pwede i kaso sa supervisor na inaakusahan ka nang walang katotohanan..sabi kasi nakatambay ako at nikikipagkwentuhan..di na nakita na nagtatrabaho ako,,pwede naman nya lapitan o tanungin ako at kasama ko,,pero di nya ginawa,,