legal Free Legal Advice

[sexythang]

any lawyers (preferably immigration lawyer) available here for consultation? i have a problem with my ex-employer. medyo mahaba e, sana someone i can talk over the phone, in person or chat.

[alexzander]

mga bossing, hingi lang po sana ng advice on how to proceed in getting an insurance company of the taxi that bumped my car to fix up my damaged car. ito po yung story. a taxi bumped my car. lumabas na yung police report and the report shows that kasalanan talaga nung taxi. i already have a xeroxed copy of my car's OR/CR, drivers license and a copy of the police report for the insurance company ready. wala pong insurance yung sasakyan ko. eto po mga tanong ko po.

 

1. gusto ko po sa kasa ng toyota ipa-ayos yung car ko po, pede po ba ito at may karapatan bang tumanggi yung insurance?

 

2. sapat na po ba yung OR/CR, driver's license ko po at police report para maumpisahan gawin yung sasakyan ko?

 

3. hinahanapan pa ako ng certificate of no claim nung ahente ng insurance ng naka-bangga sa akin. may karapatan ba akong ipa-waive yun kasi wala nga akong insurance.

 

salamat po ng marami in advance sa makakapagreply sa queries ko po...

[BlackDiamond]

Sir, what if the father and mother are not in speaking terms for say like, 10 years,

Is there any way that the father can be kicked out if he does not provide support for ten years giving an alibi that "he does not have enough money to support himself" this is also given the fact that he is not excerting any effort to get a job.

 

The father has an illegitimate child that he only discloses with one of his legitimate children, he also has a girlfriend other than the mother of the illegitimate child.

He refuses to talk to the eldest with regards to fixing the current situation since he benefits from the current set-up (no rent , no bills) all of the bills are shouldered by the mother and children. In short, the father refuses to deal with the issue since he is a freeloader.

 

The mother is willing to file for annulment if she can afford it. My question is:

 

1.)Can the father be kicked out of the house?

2.)Can the father be charged for neglect of marital obligations?

3.)What is the best way to get out of the situation?

 

Thank you very much

[ramsstein21]

A frend of mine has a gf who already has a child. The child currently have her mom's surname kasi di naman nakapirma yung tatay nung bata sa birth cert.. Is there any way possible na maging surname nung frend ko yung gagamitin nung bata since di naman nakapirma yung tatay?

[fr0st06]

help naman po... may bond kasi ako sa company ko now na 1 year worth 100K. now, ayaw ko ng tapusin ang 1 year contract. ano gagawin nila sakin eh kung ayaw ko na talaga mag work sa kanila? hindi ko naman kaya bayaran ganun kalaking bond. ano pwede nila gawin sakin? tnx...

[BlackDiamond]

kung callcenter yan they rarely pursue it.. that's based on experience though...

[duralife]

A frend of mine has a gf who already has a child. The child currently have her mom's surname kasi di naman nakapirma yung tatay nung bata sa birth cert.. Is there any way possible na maging surname nung frend ko yung gagamitin nung bata since di naman nakapirma yung tatay?

 

yes, your friend should adopt the child of his gf.

[prespirit26]

Got question. Do certain company can formulate rules that they can force their employees to work during holidays even thougth its nature of business is a manufacturing? I've search the Labor code but seems that It wont shows that they can force employees to work during holidays and it they can discharge the said employees who did not work during that day?

[Dr_PepPeR]

Got question. Do certain company can formulate rules that they can force their employees to work during holidays even thougth its nature of business is a manufacturing? I've search the Labor code but seems that It wont shows that they can force employees to work during holidays and it they can discharge the said employees who did not work during that day?

 

If you had known that the company operates even during holidays before you signed an employment contract, then you would have no course of action. On the other hand, if the company, due to certain business exigencies (like if they have to fill a rush order), requires the employees to work on holidays, then they can ask the employees to report on holidays, provided that they pay the equivalent holiday pay scale. As to whether the employees can be discharged for not reporting on that day, generally they can't do that, unless the reason for termination is justified and due process is followed.

[rudolf]

my wife is a narcissist (NPD), we ended up arguing and fighting over almost everything,

 

now we want to have our separate ways, but still she wants to hoard the money and have the ATM card (from my payroll) with her and she will be the one to give me money.

 

I dont want to discuss this with her anymore because no one can win over a narcissist.

 

What I want to do is when were separated, I will obtain a new ATM card, and tell her later.

 

Any suggestion, what she can do legally, aside from harrassing me? Of course I will give her and my son fairshare of the money

 

Thank you

Edited January 2, 2008 by rudolf

[mlpf]

my wife is a narcissist (NPD), we ended up arguing and fighting over almost everything,

 

now we want to have our separate ways, but still she wants to hoard the money and have the ATM card (from my payroll) with her and she will be the one to give me money.

 

I dont want to discuss this with her anymore because no one can win over a narcissist.

 

What I want to do is when were separated, I will obtain a new ATM card, and tell her later.

 

Any suggestion, what she can do legally, aside from harrassing me? Of course I will give her and my son fairshare of the money

 

Thank you

 

Since she has her own job, keep your ATM and try to agree on a fixed amount of support to her and your son per month. If you cannot agree, then the courts have to step in. The best option is to file a Petition for Nullity of Marriage based on psychological incapacity. However, it will be expensive and there is no guarantee of success since the courts are cautious in granting these petitions.

 

Another option is to file a Petition for Legal Separation. However, your situation must fall under any of the 10 instances provided by law where legal separation will be allowed. You will be allowed to separate from your wife, but you will remain legally married. The issues of custody and support will be resolved. The court will determine who is the "guilty" spouse and who is the "innocent spouse". Moreover, your marital properties will be divided among you.

 

What can your wife do in return? Well, she can sue you for support. If she wants to really make trouble, she can even file a criminal case against you under Republic Act No. 9262, the "Violence Against Women and Children Act", for "psychological violence" or "economic abuse". The law is so broad and one-sided against males such that any lawyer can use his/her imagination and ingenuity to fit just about any act under the sun under its provisions.

[mlpf]

mga bossing, hingi lang po sana ng advice on how to proceed in getting an insurance company of the taxi that bumped my car to fix up my damaged car. ito po yung story. a taxi bumped my car. lumabas na yung police report and the report shows that kasalanan talaga nung taxi. i already have a xeroxed copy of my car's OR/CR, drivers license and a copy of the police report for the insurance company ready. wala pong insurance yung sasakyan ko. eto po mga tanong ko po.

 

1. gusto ko po sa kasa ng toyota ipa-ayos yung car ko po, pede po ba ito at may karapatan bang tumanggi yung insurance?

 

2. sapat na po ba yung OR/CR, driver's license ko po at police report para maumpisahan gawin yung sasakyan ko?

 

3. hinahanapan pa ako ng certificate of no claim nung ahente ng insurance ng naka-bangga sa akin. may karapatan ba akong ipa-waive yun kasi wala nga akong insurance.

 

salamat po ng marami in advance sa makakapagreply sa queries ko po...

 

From your post, it appears that your car has no insurance (except TPL), but the taxi cab has insurance. What kind of insurance does the taxi cab have? It may only be TPL. Public utility vehicles usually have only TPL coverage which is the absolute minimum required for registration. A lot of insurance companies that provide TPL coverage may even be "fly by night" companies.

 

1. The insurance company has accredited repair shops. The insurance company can object that going to the casa may be too expensive.

 

2. Get the go-signal first from the insurance company before you start repairs on your car. They will either require you to go to one of their accredited repair shops or just give you a check for the repairs.

 

3. Well since you are filing a claim with the taxi cab's insurance company, they will impose requirements on you to protect their interests. Before they will approve the repair of your vehicle, they will require you to execute a waiver.

[mlpf]

Sir, what if the father and mother are not in speaking terms for say like, 10 years,

Is there any way that the father can be kicked out if he does not provide support for ten years giving an alibi that "he does not have enough money to support himself" this is also given the fact that he is not excerting any effort to get a job.

 

The father has an illegitimate child that he only discloses with one of his legitimate children, he also has a girlfriend other than the mother of the illegitimate child.

He refuses to talk to the eldest with regards to fixing the current situation since he benefits from the current set-up (no rent , no bills) all of the bills are shouldered by the mother and children. In short, the father refuses to deal with the issue since he is a freeloader.

 

The mother is willing to file for annulment if she can afford it. My question is:

 

1.)Can the father be kicked out of the house?

2.)Can the father be charged for neglect of marital obligations?

3.)What is the best way to get out of the situation?

 

Thank you very much

 

1. Yes, if you are able to obtain a Protection Order under Republic Act No, 9262.

2. It depends if the children are still minors. For failure to support the wife, the husband may be charged under Republic Act No. 9262, also known as the "Violence against Women and Children Act". If the children are still minors, the father can be charged under Republic Act No. 9262 or child abuse (Republic Act No. 7610).

3. File a Petition for Nullity of Marriage. Get a protection order. The protection order can be obtained from the Barangay (effective for only 15 days) and the courts.

[rudolf]

Since she has her own job, keep your ATM and try to agree on a fixed amount of support to her and your son per month.

 

I forgot to mention that she left her job already and plain housewife. will this change your suggestion?

 

Do you know how much will I spend to completed the process of Legal Separation?

[mlpf]

Spouses have the duty to mutually support each other. Why did she leave her job? Was the reason unjustifiable? Is she doing anything to find a new job?

 

Anyway, my suggestion stands. You will have to support them both depending on your income. Legal separation is cheaper than getting an annulment. For annulment of marriage, the costs could reach up to Php 100,000.00, maybe more. Legal separation is less than half that depending on the rate charged by your lawyer. Before you can avail of either, you will have to separate from her. Leave the conjugal home.

 

These are the grounds for legal separation under the Family Code. If your situation falls under any of these, you can file. If not, file a case for annulment of marriage based on psychological incapacity.

 

Art. 55. A petition for legal separation may be filed on any of the following grounds:

 

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

 

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

 

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

 

(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

 

(5) Drug addiction or habitual alcoholism of the respondent;

 

(6) Lesbianism or homosexuality of the respondent;

 

(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

 

(8) Sexual infidelity or perversion;

 

(9) Attempt by the respondent against the life of the petitioner; or

 

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

 

For purposes of this Article, the term "child" shall include a child by nature or by adoption. (9a)

[MNdMud4s3x]

meron na po bang jurisprudence laying down the details regarding visitation rights? i mean, anu ba ang extent nito? me hard and fast rule ba regarding this?

Edited January 7, 2008 by MNdMud4s3x

[Google]

kung callcenter yan they rarely pursue it.. that's based on experience though...

 

yes. even though consulting companies do not pursue this. its all a matter of pantakot.

[Google]

Got question. Do certain company can formulate rules that they can force their employees to work during holidays even thougth its nature of business is a manufacturing? I've search the Labor code but seems that It wont shows that they can force employees to work during holidays and it they can discharge the said employees who did not work during that day?

 

they can, but they have to pay overtime rates that are mandated by the labor law.

[wolflove_bigdawg]

Any legal eagle here who could help with an answer here? My wife works in a real estate company/resort company. The problem is she doesnt want to work there anymore and has already been accepted in another company and so she gave her resignation letter and would be staying for another 10 days or so. My wife's company's lawyer then sent her a letter, you know, a little threat here and there that she needs to stay for 30 day or else...

 

Is she really obliged to do that. She doesnt even have a work contract up to now.

[duralife]

Any legal eagle here who could help with an answer here? My wife works in a real estate company/resort company. The problem is she doesnt want to work there anymore and has already been accepted in another company and so she gave her resignation letter and would be staying for another 10 days or so. My wife's company's lawyer then sent her a letter, you know, a little threat here and there that she needs to stay for 30 day or else...

 

Is she really obliged to do that. She doesnt even have a work contract up to now.

 

yes it is provided under the labor code that an employee should file his/her resignation letter 30 days in advance.

[seamaster88]

they can, but they have to pay overtime rates that are mandated by the labor law.

 

 

that's true. but if she has left over leaves, she can take it and start with her new company

[bonito99]

Any legal eagle here who could help with an answer here? My wife works in a real estate company/resort company. The problem is she doesnt want to work there anymore and has already been accepted in another company and so she gave her resignation letter and would be staying for another 10 days or so. My wife's company's lawyer then sent her a letter, you know, a little threat here and there that she needs to stay for 30 day or else...

 

Is she really obliged to do that. She doesnt even have a work contract up to now.

 

 

Legally, No.

 

As long as she gives a proper turnover, that's enough.

[Google]

Legally, No.

 

As long as she gives a proper turnover, that's enough.

 

 

agree here. we handle those things here so frequently that we really do not care about it anymore.

just let her talk with her manager and agree on a certain number of days for turnover and let her do it. tapos nun tapos na.

[Talahib]

For our WISEMEN...

 

 

Sirs my brother's motorcycle was stolen at a paid parking last Nov.'07. It's a Suzuki Raider 150 that he paid for 3yrs and was only stolen in a matter of hours in a paid parking lot. As he states, he parked at around 1pm outside his school at Perps las pinas and went back to get the vehicle around 4pm and realize it as lost. The ticket remains w/ him. He reported the incident to the parking attendant w/c logged the whole story. Then went to police station for blotter. The next day I went assisted him to the scene and checked where he parked and where the attendants are, the ticketing booth (w/c was almost only 8-10 meters away from the stolen vehicle). Ask the attendants how his vehicle was stolen w/o surrendering the ticket. I asked for the person who I can talk w/ at Perps. I got the tel#s of Perps who I can talk w/ but all they say is that they don't have liablity to what happened. At the back of the ticket 1st states..."We are not liable for any lost of items, vehicles or damage to your vehicles", thats what they are telling us. But at the end of the ticket also states that...."Ticket must be surrendered upon exit of vehicle"! Days have past since the lost of our vehicle, nothing happened and little by little we're just accepting that it was lost.

 

 

My question Sirs..."Do we have a case against the parking owner/ attendants w/c we still can win? Even if days have past and we still have the ticket and formal blotter?

 

Also my concern is the money that will be spent for atty's fees. I know its not easy to sue...time and money is critical. We also don't know anybody w/c can help us w/ our legal problem that's why it also reached this day (PAO).

 

pls. help...need your advise.

[Google]

For our WISEMEN...

 

 

Sirs my brother's motorcycle was stolen at a paid parking last Nov.'07. It's a Suzuki Raider 150 that he paid for 3yrs and was only stolen in a matter of hours in a paid parking lot. As he states, he parked at around 1pm outside his school at Perps las pinas and went back to get the vehicle around 4pm and realize it as lost. The ticket remains w/ him. He reported the incident to the parking attendant w/c logged the whole story. Then went to police station for blotter. The next day I went assisted him to the scene and checked where he parked and where the attendants are, the ticketing booth (w/c was almost only 8-10 meters away from the stolen vehicle). Ask the attendants how his vehicle was stolen w/o surrendering the ticket. I asked for the person who I can talk w/ at Perps. I got the tel#s of Perps who I can talk w/ but all they say is that they don't have liablity to what happened. At the back of the ticket 1st states..."We are not liable for any lost of items, vehicles or damage to your vehicles", thats what they are telling us. But at the end of the ticket also states that...."Ticket must be surrendered upon exit of vehicle"! Days have past since the lost of our vehicle, nothing happened and little by little we're just accepting that it was lost.

 

 

My question Sirs..."Do we have a case against the parking owner/ attendants w/c we still can win? Even if days have past and we still have the ticket and formal blotter?

 

Also my concern is the money that will be spent for atty's fees. I know its not easy to sue...time and money is critical. We also don't know anybody w/c can help us w/ our legal problem that's why it also reached this day (PAO).

 

pls. help...need your advise.

 

eto yung mga problema na nangyayari sa atin ehmay mga limit of liabilities and mga parking lot operators for damages, stolen items or stolen vehicles.

i am not a lawyer, but imho, may case pa din yan against the parking owner or attendants dahil they are charging for the maintenance and upkeep of the area. and besides, may onting conflict dun sa terms na naka print sa ticket mo which is "the ticket must be surrendered upon exit of the vehicle". even though may sinurrender na parking ticket yung nagnakaw ng motorcycle, it is the responsibility of the attendant to make sure that the plate number written on the ticket is equal to the plate number of the motorcycle. i am sure this will be a long case, wherein if you have other options like insurance of the motorcycle, i think it is better to go to that option.

 

sa PAO naman, may financial considerations ata before they can consider you. i think you have to receive a certain salary a month (i really don't know how much), before they can consider it.

 

a suggestion though, why not approach the Integrated Bar of the Philippines kung talagang maghahabol kayo dun sa parking lot owners/attendants? Or baka may mga kind hearted lawyers dito who can charge you at a lower cost.