legal Free Legal Advice

[rafer_alston]

thanks boss jojoendejr.,

 

so, if wala pa yung warning ko, ignore ko na lang muna..kasi ilang years na din akong di nasisita eh, baka pag nagpalit na ng Mayor...(kilala naman ng parents ko yung Mayor pero di close kaya medyo kabado din ako..hehhe)

 

sa BIR naman, wala namang nagtitip sa akin eh, kasi medyo lie low ako sa business ko eh...

 

[jojoendejr]

oks. thanks. is the resolution of the prosecutor considered by the court as a replacement of the information? the summons sent by the MTC merely notifies the respondent that there is a hearing of the case filed against him on a certain date. no attachements. nevertheless, the respondent was sent a copy of the resolution by the prosecutor. in summary procedure, wala na abng information? sufficient na ang resolution for the court to have jurisdiction? assuming na sama lang sila, is it proper ofr the court to send summons without the accompanying resolution? di ba dapat i furnish rin so that the respondent could be appraised of the nature and cause against him?

 

 

No, no. You got it mixed-up bro. The procedure is like this:

1. Complainant goes to the Barangay to file a complaint before the Lupon Tagapamayapa. Hearings (at least 3) will be held there. The 60-day period stops running during the time na pending sa Barangay ang case. If no settlement is reaqched, the Certificate to File Acdtion in Court is issued by the Barangay Lupon.

 

2. Armed with that certificate, complainant goes to the Prosecutors Office (piskalya) to file his complaint affidavit and affidavit of his witnesses. His evidences will also be filed there.

 

3.If the complaint falls under the Rules on Summary Procedure (like Slight Phys. Injuries), the Prosecutor (piskal) may or may not call for a hearing. If he needs clarification, ipapatawag niya by subpoena ang Respondent. If he thinks the complaint and supporting documents are sufficient, he may even issue the Resolution recommeding the complaint to be filed in Court WITH THE INFORMATION ATTACHED to his Resolution. The Resolution and the Information are two separate documents.

 

4. Once the Information is filed in Court, the judge will issue a subpoena notifying the Respondent (who by now will be referred to as the Accused) of the date and time of hearing. Only then can the Accused get a copy of the complaint and other docs filed by the Complaiant.

 

NOTE: in (3) above, if the Respondent is lucky that the Prosecutor did not resort to direct filing but instead subpoenaed the Respondent and Complainant for a hearing, the Respondent will also have the chance to secure copies of the Complaint and evidences of the Complainant. Does this clarify matters? Just pm me if not. Regards!

 

thanks boss jojoendejr.,

 

so, if wala pa yung warning ko, ignore ko na lang muna..kasi ilang years na din akong di nasisita eh, baka pag nagpalit na ng Mayor...(kilala naman ng parents ko yung Mayor pero di close kaya medyo kabado din ako..hehhe)

 

sa BIR naman, wala namang nagtitip sa akin eh, kasi medyo lie low ako sa business ko eh...

 

 

 

Ingat din! Baka ma-tsambahan ka bro. Hehe.

[laruku]

mga sir ask ko lang kung paano po ba yung mga vacation leaves.. law imposed po ba yun na kapag hindi ninyo nagamit yung VL's ninyo for the year eh dapat po ba convertible to cash or i force leave kayo para magamit ninyo? thanks in advance...

[Dr_PepPeR]

mga sir ask ko lang kung paano po ba yung mga vacation leaves.. law imposed po ba yun na kapag hindi ninyo nagamit yung VL's ninyo for the year eh dapat po ba convertible to cash or i force leave kayo para magamit ninyo? thanks in advance...

 

Vacation leaves are supposed to be a benefit so you can take a break from work. Generally, they are not convertible to cash unless (1) You were not allowed to avail of your VL (2) You retired or resigned and still have earned unavailed VL (3) It is a company policy to convert VL into cash if unavailed.

[laruku]

[qoute]Vacation leaves are supposed to be a benefit so you can take a break from work. Generally, they are not convertible to cash unless (1) You were not allowed to avail of your VL (2) You retired or resigned and still have earned unavailed VL (3) It is a company policy to convert VL into cash if unavailed.

[/qoute]

 

as per say company policy... so sir if hindi po policy nang company na iconvert sa cash yung VL... wala na po tayo magagawa kundi tanggapin na lang na mafoforfeit siya kung hindi po magagamit? thanks in advance po ulit sa mga sagot...

[Meloy]

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.

 

 

question? what's the counterpart for the male specie of the 9262? what if i want a certain girl not bugging me and my family?

[MNdMud4s3x]

No, no. You got it mixed-up bro. The procedure is like this:

1. Complainant goes to the Barangay to file a complaint before the Lupon Tagapamayapa. Hearings (at least 3) will be held there. The 60-day period stops running during the time na pending sa Barangay ang case. If no settlement is reaqched, the Certificate to File Acdtion in Court is issued by the Barangay Lupon.

 

2. Armed with that certificate, complainant goes to the Prosecutors Office (piskalya) to file his complaint affidavit and affidavit of his witnesses. His evidences will also be filed there.

 

3.If the complaint falls under the Rules on Summary Procedure (like Slight Phys. Injuries), the Prosecutor (piskal) may or may not call for a hearing. If he needs clarification, ipapatawag niya by subpoena ang Respondent. If he thinks the complaint and supporting documents are sufficient, he may even issue the Resolution recommeding the complaint to be filed in Court WITH THE INFORMATION ATTACHED to his Resolution. The Resolution and the Information are two separate documents.

 

4. Once the Information is filed in Court, the judge will issue a subpoena notifying the Respondent (who by now will be referred to as the Accused) of the date and time of hearing. Only then can the Accused get a copy of the complaint and other docs filed by the Complaiant.

 

NOTE: in (3) above, if the Respondent is lucky that the Prosecutor did not resort to direct filing but instead subpoenaed the Respondent and Complainant for a hearing, the Respondent will also have the chance to secure copies of the Complaint and evidences of the Complainant. Does this clarify matters? Just pm me if not. Regards!

 

clear. thanks bro. what keeps me wondring is that the respondent received only a resolution and noty information. now, the MTC sent a subpoena but no attachments whatsoever. now what is the recourse of the respondent?

[jojoendejr]

question po. if the summons from the prosecutor were not received by the respondent as the respondent is erroneously identified, thereafter, the crim case was resolved by the prosecutor on the basis of the complaint, does the respondent have any recourse now that the case is pending in court? what is the time frame for the filing of the case in court if the case is slight physical injuries (two counts)

 

Since the case is covered by the Rules on Summary Procedure (coz it is Slight Phys. Injuries), you can go anytime to the Court before the scheduled date and time of hearing and secure photocopies of the Complaint-affidavit executed by the complainant, affidavit of his/her witnesses (if any), medical certificate, Information and Resolutio0n issued by the Prosecutors Office. Bring this to your lawyer, if u already engaged one so that he can draft your counter-affidavit and affidavits of your witnesses, if any. If u don't have a lawyer or if u cannot afford to secure the services of a private lawyer, go to the Public Attorneys' Office (PAO). Its office is usually in the same building where the Court is. Request for their assistance.

[bonito99]

question? what's the counterpart for the male specie of the 9262? what if i want a certain girl not bugging me and my family?

 

 

Unjust Vexation.

[Dr_PepPeR]

[qoute]Vacation leaves are supposed to be a benefit so you can take a break from work. Generally, they are not convertible to cash unless (1) You were not allowed to avail of your VL (2) You retired or resigned and still have earned unavailed VL (3) It is a company policy to convert VL into cash if unavailed.

[/qoute]

 

as per say company policy... so sir if hindi po policy nang company na iconvert sa cash yung VL... wala na po tayo magagawa kundi tanggapin na lang na mafoforfeit siya kung hindi po magagamit? thanks in advance po ulit sa mga sagot...

 

If there is no company policy on VL conversion, you are supposed to receive the cash equivalent when you resign or retire, unless there is a policy that states that unavailed VL gets forfeited. VLs are mandated benefits, so you can insist that you be allowed to avail of these benefits. However, if you had the chance to avail, but did not do so, then it may be considered forfeited if there is a written policy to that effect.

[MNdMud4s3x]

Since the case is covered by the Rules on Summary Procedure (coz it is Slight Phys. Injuries), you can go anytime to the Court before the scheduled date and time of hearing and secure photocopies of the Complaint-affidavit executed by the complainant, affidavit of his/her witnesses (if any), medical certificate, Information and Resolutio0n issued by the Prosecutors Office. Bring this to your lawyer, if u already engaged one so that he can draft your counter-affidavit and affidavits of your witnesses, if any. If u don't have a lawyer or if u cannot afford to secure the services of a private lawyer, go to the Public Attorneys' Office (PAO). Its office is usually in the same building where the Court is. Request for their assistance.

 

thanks po

[MNdMud4s3x]

question? what's the counterpart for the male specie of the 9262? what if i want a certain girl not bugging me and my family?

 

it depends on how you would qualify bugging i.e. threats, etc.. the acts done would constitute the offense. but just the same, unjust vexation would be the baseline felony

[mlpf]

it depends on how you would qualify bugging i.e. threats, etc.. the acts done would constitute the offense. but just the same, unjust vexation would be the baseline felony

 

However, you can't get a protection order to protect yourself and your family from a lady stalker. It is reserved for women and children. :thumbsdownsmiley:

[MNdMud4s3x]

However, you can't get a protection order to protect yourself and your family from a lady stalker. It is reserved for women and children. :thumbsdownsmiley:

 

 

:thumbsdownsmiley: yep, bias yung VAWC. :thumbsdownsmiley: i guess he has to stalk her back and dress up like a girl. hehehe.

[jojoendejr]

:thumbsdownsmiley: yep, bias yung VAWC. :thumbsdownsmiley: i guess he has to stalk her back and dress up like a girl. hehehe.

 

 

Pangit siguro ang girl kaya asar siya. Hehe.

[MNdMud4s3x]

Pangit siguro ang girl kaya asar siya. Hehe.

 

mukha nga.

 

there are only a few literature on writ of amparo, pero i think covered yung case nung nag-post nito. sa writ of amparo kasi, pwede sya humingi ng protection order pag me threat on his life, liberty or security. this may unexplored, but malay mo, pwede.

[jojoendejr]

mukha nga.

 

there are only a few literature on writ of amparo, pero i think covered yung case nung nag-post nito. sa writ of amparo kasi, pwede sya humingi ng protection order pag me threat on his life, liberty or security. this may unexplored, but malay mo, pwede.

 

Pero kidding aside, the statement of facts is seriously lacking in details. Ano ba talaga ang dahilan at ini-stalk siya ng girl? Talaga bang type lang siyang guluhin? Baka naman nabuntis niya at hinahabol siya ngayon? These must be answered first.

[MNdMud4s3x]

Pero kidding aside, the statement of facts is seriously lacking in details. Ano ba talaga ang dahilan at ini-stalk siya ng girl? Talaga bang type lang siyang guluhin? Baka naman nabuntis niya at hinahabol siya ngayon? These must be answered first.

 

yep. i asked ng kung anung qualification nung bugging e. la na reply

[rafer_alston]

mga legal experts, pa advice naman po.. thanks sa mag rereply!

 

kasi, I have a franchise..ang kontrata namin is 5 years..mayron akong binabayaran na royalty fees, ang tanung is may outstanding balance ako na P80,000 sa franchise fees, anong pwedeng i kaso sa akin if ever di ko bayaran yun??and may kulong ba yun if ever??

 

thanks sa sasagot, PM ko na lang yung details kung may kailangan na infos from me,

 

[jojoendejr]

mga legal experts, pa advice naman po.. thanks sa mag rereply!

 

kasi, I have a franchise..ang kontrata namin is 5 years..mayron akong binabayaran na royalty fees, ang tanung is may outstanding balance ako na P80,000 sa franchise fees, anong pwedeng i kaso sa akin if ever di ko bayaran yun??and may kulong ba yun if ever??

 

thanks sa sasagot, PM ko na lang yung details kung may kailangan na infos from me,

 

 

That would be purely civil in character, which means...walang kulong. Sa criminal cases lang may kulong.

The obligor has the option to run after you for collection of the unpaid balance, or to charge you for breach of contract. In any case, he will ask for an award of damages and possible nullification of the contract ( if the complaint is for breach of contract).

[MNdMud4s3x]

That would be purely civil in character, which means...walang kulong. Sa criminal cases lang may kulong.

The obligor has the option to run after you for collection of the unpaid balance, or to charge you for breach of contract. In any case, he will ask for an award of damages and possible nullification of the contract ( if the complaint is for breach of contract).

 

amen.

[Meloy]

yep. i asked ng kung anung qualification nung bugging e. la na reply

 

 

oh sorry heres the case. i had an ex fubu. shes a decent goodlooking girl with a good career but she extremly horny. when i stopped seeing her because of i kinda feel she was falling for me na, she texted me na she will destroy my family so that my wife will leave me and i can be hers na. She even has sex video and photos of us which she threatens to show my wife given the chance. Thats why i asked if i can get the same protection as the VAWC me being a guy

[jon]

mga atty ka mtc uso ba sa atin dito sa pinas ang kaso misrepresentation? bale dealer ako ng isa sikat na product tapos para lang makuha ng ahente mga commision nya he told us nasa top three kami sa awardee, so kami naman kuha kahit madami pa stock tsk. another thing mga tao ko lang ang witnesses paro lahat willing to testify against him. ano parusa sa ganito? thanks in advance

[rafer_alston]

That would be purely civil in character, which means...walang kulong. Sa criminal cases lang may kulong.

The obligor has the option to run after you for collection of the unpaid balance, or to charge you for breach of contract. In any case, he will ask for an award of damages and possible nullification of the contract ( if the complaint is for breach of contract).

 

 

kasi hina harass ako ng auditor nila na pinababayaran nya sa akin yung 50% ng balance ko (roughly around P40,000+) kaso nga sabi ko, san ko kukunin yun eh di naman kami malakas kumita??

 

thanks boss jojoendejr...i do hope na makabawi ako sa iyo sa mga good advices na binibigay mo sa akin, thanks!!

 

 

That would be purely civil in character, which means...walang kulong. Sa criminal cases lang may kulong.

The obligor has the option to run after you for collection of the unpaid balance, or to charge you for breach of contract. In any case, he will ask for an award of damages and possible nullification of the contract ( if the complaint is for breach of contract).

 

 

kasi hina harass ako ng auditor nila na pinababayaran nya sa akin yung 50% ng balance ko (roughly around P40,000+) kaso nga sabi ko, san ko kukunin yun eh di naman kami malakas kumita??

 

thanks boss jojoendejr...i do hope na makabawi ako sa iyo sa mga good advices na binibigay mo sa akin, thanks!!

 

[MNdMud4s3x]

mga atty ka mtc uso ba sa atin dito sa pinas ang kaso misrepresentation? bale dealer ako ng isa sikat na product tapos para lang makuha ng ahente mga commision nya he told us nasa top three kami sa awardee, so kami naman kuha kahit madami pa stock tsk. another thing mga tao ko lang ang witnesses paro lahat willing to testify against him. ano parusa sa ganito? thanks in advance

 

as a rule, there is no cause of action for misrepresentation per se, unless otherwise, provided by law or the contract.

 

sa tingin ko sa kaso mo pre, la naman contract existing between you and the agent. given the facts, it appears that you relied solely on his MISREPRESENTATION which caused loss on your part. eto yung problema mo. technically, there is no juridical realtionship between you and the agent. kung baga, nag sales talk lang siya sayo tapos naniwala ka naman. that is allowed.

 

the bigger question is, you incurred losses and pano mo mahahabol to? from the given facts, wala ka magagawa dun. there was injury on your part but there is no damage which could be a reason for you to go after the agent:damnum absque injuria.

 

i would suggest that you continue marketing the surplus products you ordered para di ka na lang malugi.