legal Free Legal Advice

[linux_distro]

according to the PDI issue of 3 June 2007, GMA has signed into law RA 9441 known as Magna Carta for Disabled Persons, does this mean it is effective immediately? tnx.

 

 

SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two newspapers of general circulation.

http://elibrary.supremecourt.gov.ph/republ...5b510c8181a#sam

[linux_distro]

legally speaking, who are classified as disabled persons? tnx.

 

 

SEC. 4. Definition of Terms. - For purposes of this Act, these terms are defined as follows:

 

a) Disabled Persons are those suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being;

 

b ) Impairment is any loss, diminution or aberration of psychological, physiological, or anatomical structure or function;

 

c) Disability shall mean 1) a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual; 2) a record of such an impairment; or 3) being regarded as having such an impairment;

 

d) Handicap refers to a disadvantage for a given individual, resulting from an impairment or a disability, that limits or prevents the function or activity, that is considered normal given the age and sex of the individual;

 

(REPUBLIC ACT NO. 7277, March 24, 1992, AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES aka "Magna Carta for Disabled Persons")

[malcoxx]

Hi Everybody,

 

I would like to ask some legal advise regarding support for my daughter. Here is the scenario:

 

My wife and I separated August 2006 and when she left, she brought with her my 4 year old daughter. About a two months after she left me I tasked my helper to go and meet up with her to give her an ATM so I could give her some money for my kid. However she refused it and said the shove it up my @#!. Since this happened, I just felt that I am not needed anymore.

 

But most recently my Mother-In-Law called my mother and asked her that I should start supporting my daughter. I was more than happy to oblige. I decided to send an SMS to my wife and tell her that I will send her an ATM and send her p6000.00 each month. However she told me that this is not enough. In all honesty I cannot give her more than what I offered.

 

The question now is how much by law should I provide for my daughter? My basic salary is p33,000 / month. I was offering P6k / month.

 

I would appreciate your help. Do email me your answers at dgr8malcoxx@yahoo.com or PM me.

 

Thank you very much guys!

[sprakinhyt]

help please, i am currently using an IDE HDD with 160gb capacity, now i would like to switch to a SATA HDD with the same capacity. is there a way that i can transfer ALL of my files from the IDE HDD including the OS without doing a fresh install on the new SATA HDD which will consume LOTS of time? if so, how can i do that? thanks! smile.gif

[touchdown06]

Boss, ano po ibig sabihin nito?

[Google]

Boss, ano po ibig sabihin nito?

 

 

looks like orphaned registry entries to me.... not sure ha?

[nightingale]

@malcoxx - no law or court of law can require you to give support in an amount beyond that which you can give. In fact, support doesn't always refer to monetary support. Support could be given in kind, if that is the only type of support that you can give.

 

from the Civil Code of the Philippines -

 

Art. 290. Support is everything that is indispensable for sustenance, dwelling, clothing and medical attendance, according to the social position of the family.

 

Support also includes the education of the person entitled to be supported until he completes his education or training for some profession, trade or vocation, even beyond the age of majority. (124a)

 

Art. 291. The following are obliged to support each other to the whole extent set forth in the preceding article:

 

(1) The spouses;

 

(2) Legitimate ascendants and descendants;

 

(3) Parents and acknowledged natural children and the legitimate or illegitimate descendants of the latter;

 

(4) Parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter;

 

(5) Parents and illegitimate children who are not natural.

 

Brothers and sisters owe their legitimate and natural brothers and sisters, although they are only of the half-blood, the necessaries for life, when by a physical or mental defect, or any other cause not imputable to the recipients, the latter cannot secure their subsistence. This assistance includes, in a proper case, expenses necessary for elementary education and for professional or vocational training. (143a)

 

 

Art. 296. The amount of support, in the cases referred to in the five numbers of article 291, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

 

Art. 297. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the needs of the recipient and the resources of the person obliged to furnish the same.

[nightingale]

in addition to that - -

 

Art. 303. The obligation to give support shall also cease:

 

(2) When the resources of the obligor have been reduced to the point where he cannot give the support without neglecting his own needs and those of his family; - - Civil Code of the Philippines

[malcoxx]

@ Nightingale - Thank you very much for your immediate reply! I truly appreciate it!

 

I just have a more specific question, do you think the amount I mentioned above (6k) suffice? Provided the fact that I earn 33k a month? Also, I sent her Maxicare cards for both of them, which covers them medically for 100k for a year, that is a form of support as you mentioned above.

 

Hope to get a favorable response.

[Ankiseth]

Help naman po.

 

Cant log in to MTC using firefox.. ang ginawa ko lang naman ay ung hack para makapag megadownloads ako. Any sugestions (wag sana ung i reverse ung hack). Thanks

[touchdown06]

Mga Bossing, possible bang lagyan ko ng PASSWORD ang isang folder?

Pano po? Tnx and more power!

 

 

P.S

Sa mga sumagot ng quiries ko maraming salamat po sa time nyo!

[wattleferdz]

In addition to the reply of nightingale and to directly address the query of malcoxx, I strongly suggest that you increase your cash support to your daughter. She is your child afterall. Dont you think its better to give more than 6k? If you think about it, 6k is too small to consider it as a support. Why not give something like 10k a month and you get to pay 75% of her school fees and expenses. You are earning 33K a month.

 

Sometimes the answer to your query is more practical and moral than it is legal. I strongly suggest that if you support your child, support her with everything you got. Afterall, you are one of the reasons why she is alive. You probably dont want your daughter to slap you in the face for the fact that she became a product of a broken home and that the support that you gave her is less than she deserves.

 

Hope I can at least enlighten you.

[Google]

Mga Bossing, possible bang lagyan ko ng PASSWORD ang isang folder?

Pano po? Tnx and more power!

P.S

Sa mga sumagot ng quiries ko maraming salamat po sa time nyo!

 

i think you need to download/buy a software for this purpose.

try password protect.

 

tapos i-try mo na lang i-crack.

[linux_distro]

After considering the suggestions of wattleferdz and nightingale maybe you also try to compute how much would be the actual "cost of living" of your daughter based on her needs. Try to do the computation with her mother, or with your daughter, else, just do it yourself. You may start with the yearly expenses like clothes, shoes, personals, tuition fees, school supplies; then the monthly expenses like school service; then the daily expenses like food, baon. Then try to consolidate the figures to arrive at a figure that may approximate the average monthly expense. Then divide it by two - the other half being shouldered by her mother. You may deduct from your share half of the provisions for medical expense if you provide her with an hmo card. Then, go over your figures and update after one year, for sure the amount would increase as the needs of your daughter increase. You may also consider opening a joint account with your daughter so you can remit the amount directly to her and she will know you are sharing for her support.

 

In the remote possiblity that her mother would ask for your share in the rental of the place she is staying, you offer to take custody of your daughter, it might be less expensive even if you have to hire a helper. A custody of your daughter will result in her mother having to remit to you her share in the support - a reversal in the situation. If you are just living near the school of your daughter, you may consider taking custody of her half of the month or half of the year, with her mother taking custody the other half of the period.

[moichi]

mga sirs, follow-up lang po.

 

yung tenant namin, na sabi ko noon eh 1 1/2 month nang hindi bayad eh almost 3 months na po pala di bayad.

 

as you said, bibigyan namin sila ng notice, this coming jun15.

 

eh pano po kung ma-evict, can we recover yung arrears nila? or considered write-off na yun?

[XML]

Mga Bossing, possible bang lagyan ko ng PASSWORD ang isang folder?

Pano po? Tnx and more power!

P.S

Sa mga sumagot ng quiries ko maraming salamat po sa time nyo!

 

Depende sa OS.

 

Pero kung Windows XP try mo rightclick ung "scandal" folder tapos sharing and security. Tapos sa sharing tab click mo lang "Make the folder private". Kaya lang wag mo kalimutan ung admin password mo.

[malcoxx]

Wattleferdz and Linux Disto , appreciate your immediate reply. I understand that indeed it is more practical rather than legal if the mother is not twisting my arm. I am trying to make ends meet as well, but your inputs are all very well taken.

 

Hopefully I could get this ironed out very soon.

[touchdown06]

Depende sa OS.

 

Pero kung Windows XP try mo rightclick ung "scandal" folder tapos sharing and security. Tapos sa sharing tab click mo lang "Make the folder private". Kaya lang wag mo kalimutan ung admin password mo.

 

Sir mukhang nakadisable yata ung security---pano ko ba maaadjust un?

Thank you in advance...

[Butsoy]

of course makukuha mo arrears mo sa tenant nyo kung may ipambabayad yan... kaya kung may gamit sya sa bahay na mahahalaga agad mo nang kasuhan at hingi ka ng attachment sa mga gamit na mahahalaga para di makaalis at maka pag hakot ng gamit..... or makapag benta...kakailanganin mo na ng abugado nyan..

 

BUtsoy

 

 

 

 

mga sirs, follow-up lang po.

 

yung tenant namin, na sabi ko noon eh 1 1/2 month nang hindi bayad eh almost 3 months na po pala di bayad.

 

as you said, bibigyan namin sila ng notice, this coming jun15.

 

eh pano po kung ma-evict, can we recover yung arrears nila? or considered write-off na yun?

[XML]

Sir mukhang nakadisable yata ung security---pano ko ba maaadjust un?

Thank you in advance...

 

Enabled ba user and password mo?

[pogipogi0]

hello! anyone can help me here? tried vista in my pc but i cant make the sounds to work.. any suggestions? thanks in advance

[caps19s]

mga ser. ano po ba maganda gamitin na software for music recording?

[vagabond]

SEC. 4. Definition of Terms. - For purposes of this Act, these terms are defined as follows:

 

a) Disabled Persons are those suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being;

 

b ) Impairment is any loss, diminution or aberration of psychological, physiological, or anatomical structure or function;

 

c) Disability shall mean 1) a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual; 2) a record of such an impairment; or 3) being regarded as having such an impairment;

 

d) Handicap refers to a disadvantage for a given individual, resulting from an impairment or a disability, that limits or prevents the function or activity, that is considered normal given the age and sex of the individual;

 

(REPUBLIC ACT NO. 7277, March 24, 1992, AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES aka "Magna Carta for Disabled Persons")

tnx. but such provision seems to be very broad. does someone with a brain tumor with seizures as symptoms counts as a disabled person?

[linux_distro]

tnx. but such provision seems to be very broad. does someone with a brain tumor with seizures as symptoms counts as a disabled person?

 

Yes it is broad and oftentimes it is then narrowly interpreted by the agency implementing the provisions via "implementing rules and regulations" or IRR. So it now depends for what purpose the definition is to be used - the very same phrase may have a different definition under SSS, GSIS or Philhealth rules on disability claims. Under the magna carta there are several agencies involved like dept of labor, DSWD, dept of educaiton, dept of health, etc., which may have varying concepts or applications of the same phrase "disabled person."

 

For a start, it may be worth a try to contact this office:

 

National Council for the Welfare of Disabled Persons

Department of Social Welfare and Development

G/F SRA Building, North Avenue, Diliman, Quezon City, Philippines

Tel No. (632) 9298879, (632) 9261165

Fax No. (632) 9201503, (632) 9298879

council@ncwdp.gov.ph

 

good luck

[izzecoh]

help... help...

 

d ko alam kung ano ung problem ng pc ko e....

 

ung PC ko e nagrerestart palagi everytime mag open/connect ako s games...

pero kung magbrowse lang, ala nman ako nagiging problem...

it happens when i open CS Condition zero, pati din s Tantra and Warrock (MMORPGs)

 

here's my specs:

 

P4 3.0 Ghz

768mb DDR 400 memory

256 mb video card

400 watt PSU

cd rom

dvd writer

250g hdd

 

 

is it my video card or mababa ung watts ng PSU ko?

 

thnx in advance

Edited June 18, 2007 by izzecoh