legal Free Legal Advice

[noknok79]

to all lawyers, can you tell more about RA 8484???

 

binabayaran ko lagi yung mga Purchases ko, pero minsan, nade-delay makarating sa akin yung statement nat nai-complain ko na yon sa credit card company. ngayon di ko napansin na lumalaki na yung past due ko na kahit full payment ang bayad na ginagawa ko sa mga purchases ko.

 

ngayon for approval daw na i-waive yung lahat ng surcharges & other charges. pero fully paid yung mga purchases ko.

 

ayaw na rin nilang i-cut or i-suspend ang account ko kahit ni-request ko na. kailangan daw bayaran yung mga remaining dues (which is mga charges na lang at wala na rito yung mag purchases ko).

 

kapag di ko na pinansin ba ito, may liabilties pa rin ba ako regarding sa RA 8484??? salamat po mga abogado dito sa MTC.

[rocco69]

ang mga krimen sa ilalim ng RA8484 ay ang paggamit ng:

 

a. credit card that is counterfeit, fictitious, altered, or forged;

b. access device [credit card] that is stolen, lost, expired, revoked, canceled,

suspended, or obtained with intent to defraud;

c. access device [credit card] that was applied for or issued on account of the

use of falsified document, false information, fictitious identities

and addresses, or any form of false pretense or misrepresentation;

 

kung hindi ka bumabagsak sa alinman dito, wala kang kaso sa ilalim ng RA8484

 

ayon na rin sa kwento mo, di ka lang nakabayad sa mga past due mo, altho yung purchases bayad naman. sa aking pananaw, wala ka namang false pretenses,. dahil tutoo naman yung credit card at wala ka namang intensyong manloko ng inaplayan mo ito, di ka liable sa ilalim ng RA8484. kalimitan, pananakot lang ito sa mga may utang. alalahanin mo, kung talagang utang lang, walang kulong.

 

altho wag din namang kalimutan – ang utang ay dapat bayaran.

 

 

to all lawyers, can you tell more about RA 8484???

 

binabayaran ko lagi yung mga Purchases ko, pero minsan, nade-delay makarating sa akin yung statement nat nai-complain ko na yon sa credit card company. ngayon di ko napansin na lumalaki na yung past due ko na kahit full payment ang bayad na ginagawa ko sa mga purchases ko.

 

ngayon for approval daw na i-waive yung lahat ng surcharges & other charges. pero fully paid yung mga purchases ko.

 

ayaw na rin nilang i-cut or i-suspend ang account ko kahit ni-request ko na. kailangan daw bayaran yung mga remaining dues (which is mga charges na lang at wala na rito yung mag purchases ko).

 

kapag di ko na pinansin ba ito, may liabilties pa rin ba ako regarding sa RA 8484??? salamat po mga abogado dito sa MTC.

[noknok79]

so pwede ko na pong di na pansin yung pangungulit nila? yung mga surge charges lang ang di ko binabayaran, di ko naman kasi problema kung nade-delay dumating sa akin yung statment ko.

 

di rin daw nila pwedeng i-cut yung card ko kasi may past dues? di ko na rin sya ginamit pero ayaw nilang i-cut.

 

at isa pa, di ako nag sign ng application fee dito, kaya palagay ko, wala akong na-break na terms & condition nila dito, binigyan lang nila ako ng card na kahit walang application form na pinirmahan.

 

 

ang mga krimen sa ilalim ng RA8484 ay ang paggamit ng:

 

a. credit card that is counterfeit, fictitious, altered, or forged;

b. access device [credit card] that is stolen, lost, expired, revoked, canceled,

suspended, or obtained with intent to defraud;

c. access device [credit card] that was applied for or issued on account of the

use of falsified document, false information, fictitious identities

and addresses, or any form of false pretense or misrepresentation;

 

kung hindi ka bumabagsak sa alinman dito, wala kang kaso sa ilalim ng RA8484

 

ayon na rin sa kwento mo, di ka lang nakabayad sa mga past due mo, altho yung purchases bayad naman. sa aking pananaw, wala ka namang false pretenses,. dahil tutoo naman yung credit card at wala ka namang intensyong manloko ng inaplayan mo ito, di ka liable sa ilalim ng RA8484. kalimitan, pananakot lang ito sa mga may utang. alalahanin mo, kung talagang utang lang, walang kulong.

 

altho wag din namang kalimutan – ang utang ay dapat bayaran.

[moichi]

mga sirs, maiba naman po.

 

just need opinions on this.

 

What is the rule or regulation of using the street in front of your property as your exclusive parking space in a subdivision?

 

Can a property owner in a subdivision deny other property owners use of this space because it is "in front of his property"?

 

Any ideas on this sirs?

[Guest]

Can I file any case against a department head na using his position to make the work environment hostile towards my person considering that logically we are of the same level yet, because of his seniority sya ay napagbibigyan ng top level management at kami ay lagi na lang umuunawa in consideration of my employers. this is a classic case of office politics kaya lang ito si dept head ay lalaki at babae naman ako. Case in point, if I needed some workers to finish a project ay hindi nya papayagan ang mga workers na yun, thus forestall ung projects ko. kaasar pa dun dingding lang pagitan namin. :grr: .

[danbrown]

Can I file any case against a department head na using his position to make the work environment hostile towards my person considering that logically we are of the same level yet, because of his seniority sya ay napagbibigyan ng top level management at kami ay lagi na lang umuunawa in consideration of my employers. this is a classic case of office politics kaya lang ito si dept head ay lalaki at babae naman ako. Case in point, if I needed some workers to finish a project ay hindi nya papayagan ang mga workers na yun, thus forestall ung projects ko. kaasar pa dun dingding lang pagitan namin. :grr: .

 

 

get a (crafty) lawyer and sue him for sexual harrasment.

don't forget to ask for damages .... hehehe

 

(i'm not a lawyer so don't take this seriously)

[lomex32]

Attys

 

Kung ikaw ay inerklamo sa Barangay, sa Fiscal sa Husgado etc

at one point will it be deemed that the pusuant has already lost interest in the case?

[dylandark]

Bossing patulong nmn. Kung naalala nyo yung cruise line base sa U.S. o Europe na muntik na lumubog dahil sa tsunami ngayong taon na ito eh empleyado kasi tita ko dun. So dahil nga sa nangyari nag dry dock sila at pinauwi muna yung mga empleyado kahit di pa tapos yung contract pra daw makarecover sa trauma, may binigay pa nga sa kanila na gamot. So ngayon nasa pilipinas na yung tita ko. Tapos the other day sa kasamaang palad, namatay yung tita ko, heart attack, at tingin po ng iba naming kamag anak eh related daw yung nangyari sa kanya dun sa trauma na naranasan nya sa barko. ito po question ko.

 

Ano po ba kung meron mang liability yung employer nya?

May mga mahahabol ba sa employer? financially speaking?

 

Under contract pa yung tita ko sa kanila, in fact pinababalik na siya late april. Thank you po sa tutulong.

[rocco69]

sa sistema kasi sa local employment, di sagutin ng employer ang namatay na empleyado. ito ay sinasagot ng "Workmen's Compensation Fund." sa foreign employment, yung kontrata ang importante.

 

Tingnan mo ang kontrata ng tita mo kung ano ang benefits na binibigay sa kanya. baka meron dung insurance. kung may insurance or other death benefits dun, maari kang mag-avail nito, ang kailangan lang dito ay patunayan mo na ang heart attack niya ay dala ng stress mula dun sa tsunami.

 

kung walang benefits sa kontrata, may problema ka, at baka di kayo makapaghabol.

 

 

Bossing patulong nmn. Kung naalala nyo yung cruise line base sa U.S. o Europe na muntik na lumubog dahil sa tsunami ngayong taon na ito eh empleyado kasi tita ko dun. So dahil nga sa nangyari nag dry dock sila at pinauwi muna yung mga empleyado kahit di pa tapos yung contract pra daw makarecover sa trauma, may binigay pa nga sa kanila na gamot. So ngayon nasa pilipinas na yung tita ko. Tapos the other day sa kasamaang palad, namatay yung tita ko, heart attack, at tingin po ng iba naming kamag anak eh related daw yung nangyari sa kanya dun sa trauma na naranasan nya sa barko. ito po question ko.

 

Ano po ba kung meron mang liability yung employer nya?

May mga mahahabol ba sa employer? financially speaking?

 

Under contract pa yung tita ko sa kanila, in fact pinababalik na siya late april. Thank you po sa tutulong.

[dylandark]

THANKS A LOT boss Rocco69

[AJBredux]

May insurance to and your tita's family can go after it. PM me and I'll refer you to a friend who specializes in these cases.

 

 

 

Bossing patulong nmn. Kung naalala nyo yung cruise line base sa U.S. o Europe na muntik na lumubog dahil sa tsunami ngayong taon na ito eh empleyado kasi tita ko dun. So dahil nga sa nangyari nag dry dock sila at pinauwi muna yung mga empleyado kahit di pa tapos yung contract pra daw makarecover sa trauma, may binigay pa nga sa kanila na gamot. So ngayon nasa pilipinas na yung tita ko. Tapos the other day sa kasamaang palad, namatay yung tita ko, heart attack, at tingin po ng iba naming kamag anak eh related daw yung nangyari sa kanya dun sa trauma na naranasan nya sa barko. ito po question ko.

 

Ano po ba kung meron mang liability yung employer nya?

May mga mahahabol ba sa employer? financially speaking?

 

Under contract pa yung tita ko sa kanila, in fact pinababalik na siya late april. Thank you po sa tutulong.

[moichi]

mga sirs, maiba naman po.

 

just need opinions on this.

 

What is the rule or regulation of using the street in front of your property as your exclusive parking space in a subdivision?

 

Can a property owner in a subdivision deny other property owners use of this space because it is "in front of his property"?

 

Any ideas on this sirs?

 

up ko lang po

[aNtipAtiKa]

My mom has been serving as Officer-In-Charge (OIC) Manager in a cooperative since April 2, 2007. She was given an appointment by the BOD which expires and had to be renewed every six (6) months. Last year no appointment was given/ presented to her. It is in the cooperative’s policy that “Probationer/ Casual Employee rendering two (2) years continuous service will be considered Regular with the Approval of the Board of Directors.”, thus it gave her an understanding that she is already a Regular employee of the cooperative just like other employees who rendered two or more years of continuous service without proper appointment documentation..

Last March 23, 2010 during the 23rd General Assembly Meeting, election was conducted. Two were re-elected and one was newly elected as BOD. On March 28, immediately after the first meeting as new set of elected BODs, mom was told verbally that she will no longer act/ serve as OIC Manager. She was informed that the newly elected BOD has moved for the motion to remove her from post.

The Board of Directors being responsible for the strategic planning, direction-setting and policy-formulation activities of the cooperatives shall likewise be responsible to review if there are already existing rules and policies concerning the issues to address and the needs to attend to in the cooperative. Whatever decisions they would have to come up to may affect the day to day operation of the cooperative.

Part of the Article 42 of the Philippine Cooperative Code of 2008 (RA 9520) states “All officers shall serve during good behaviour and shall not be removed except for cause after due hearing. Loss of confidence shall not be a valid ground for removal unless evidenced by acts or omission causing loss of confidence in the honesty and integrity of such officer.” Further, with regards to the Administrative Discipline stated under the Human Resource Management of the cooperative “Without prejudice to the applicable provisions of Coop by-laws, no employee of the coop shall be removed or suspended except for cause as provided by law and after due process”.

Under the Philippine Labor and Employment, Due Process means the right of an employee to be notified of the reason for his or her dismissal and, in case of just causes, to be provided the opportunity to defend himself or herself. Just causes refer to wrong doings committed by the employer or employee on the basis of which the aggrieved party may terminate the employer-employee relationship. In a termination for just causes, due process involves the two-notice rule:

1. A notice of intent to dismiss specifying the ground for termination, and giving to said employee reasonable opportunity within which to explain his or her side;

2. A hearing or conference where the employee is given opportunity to respond to the charge, present evidence or rebut the evidence presented against him or her;

3. A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been established to justify the termination.

My mom filed a complaint against the BODs to the Cooperative Development Authority copy furnished the National Labor Relations Commission, pursuant to the provision of Section 8, Republic Act No. 6939, authorizing the Cooperative Development Authority to mediate and conciliate disputes within a cooperative or between cooperatives.

My question, could my mom file court charges against them already kahit wala pa po sagot ang CDA? Please advise us kung ano pa po mga dapat namin gawin and if there are chances that my mom could win this case.

[rocco69]

My mom has been serving as Officer-In-Charge (OIC) Manager in a cooperative since April 2, 2007. She was given an appointment by the BOD which expires and had to be renewed every six (6) months. Last year no appointment was given/ presented to her. It is in the cooperative’s policy that “Probationer/ Casual Employee rendering two (2) years continuous service will be considered Regular with the Approval of the Board of Directors.”, thus it gave her an understanding that she is already a Regular employee of the cooperative just like other employees who rendered two or more years of continuous service without proper appointment documentation..

Last March 23, 2010 during the 23rd General Assembly Meeting, election was conducted. Two were re-elected and one was newly elected as BOD. On March 28, immediately after the first meeting as new set of elected BODs, mom was told verbally that she will no longer act/ serve as OIC Manager. She was informed that the newly elected BOD has moved for the motion to remove her from post.

The Board of Directors being responsible for the strategic planning, direction-setting and policy-formulation activities of the cooperatives shall likewise be responsible to review if there are already existing rules and policies concerning the issues to address and the needs to attend to in the cooperative. Whatever decisions they would have to come up to may affect the day to day operation of the cooperative.

Part of the Article 42 of the Philippine Cooperative Code of 2008 (RA 9520) states “All officers shall serve during good behaviour and shall not be removed except for cause after due hearing. Loss of confidence shall not be a valid ground for removal unless evidenced by acts or omission causing loss of confidence in the honesty and integrity of such officer.” Further, with regards to the Administrative Discipline stated under the Human Resource Management of the cooperative “Without prejudice to the applicable provisions of Coop by-laws, no employee of the coop shall be removed or suspended except for cause as provided by law and after due process”.

Under the Philippine Labor and Employment, Due Process means the right of an employee to be notified of the reason for his or her dismissal and, in case of just causes, to be provided the opportunity to defend himself or herself. Just causes refer to wrong doings committed by the employer or employee on the basis of which the aggrieved party may terminate the employer-employee relationship. In a termination for just causes, due process involves the two-notice rule:

1. A notice of intent to dismiss specifying the ground for termination, and giving to said employee reasonable opportunity within which to explain his or her side;

2. A hearing or conference where the employee is given opportunity to respond to the charge, present evidence or rebut the evidence presented against him or her;

3. A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been established to justify the termination.

My mom filed a complaint against the BODs to the Cooperative Development Authority copy furnished the National Labor Relations Commission, pursuant to the provision of Section 8, Republic Act No. 6939, authorizing the Cooperative Development Authority to mediate and conciliate disputes within a cooperative or between cooperatives.

My question, could my mom file court charges against them already kahit wala pa po sagot ang CDA? Please advise us kung ano pa po mga dapat namin gawin and if there are chances that my mom could win this case.

 

IMHO, lalabas na premature yung kaso sa korte dahil nasa mediation pa with the CDA, hintayion nyo muna kung ano ang mangyayari dun.

 

as for winning the case, depende sa Articles of Cooperation and By-Laws kung ano ang classification ng Coop Manager. tingnan mo muna dun kung ang Manager ba ay appointed at removable by the BOD. Dun kasi magdedepende ang status ng nanay mo.

[aNtipAtiKa]

appointed nga po but after two years wala na binigay na notice of appointment sa kanya.. (pls see the first paragraph)

[mamangkantutero]

I've been meaning to ask this ever since I was in college What, if any, are the legal regulations in having one's signature changed legally? Are there any laws about this or on prohibiting this? If so, what specific provisions must be observed when changing your own signature (e.g. do we need to notify govt. agencies and banks)? (I'm a guy, by the way, so I don't think I'm covered by any legal provisions covering a woman's change of name/signature because of marriage )

 

Note that for this question, there is no intent to defraud or to forge another person's signature or identity. I just thought of asking because, at one point in time, my sister and I (when we were both students) discovered that we had identical signatures (because we also share the same name-initials) and later agreed that we should both change it to avoid further confusion (actually, I took the initiative, somewhat...it was made possible when my own student ID was lost, which gave me the opportunity to update my signature).

Edited April 8, 2010 by mamangkantutero

[rocco69]

what i meant was that baka kasi sa articles of cooperation o by-laws ay officer siya ng cooperative, hindi lang basta-bastang employee. which could mean that the 2-year continuous service you mentioned is not applicable to her, dahil yun ay para sa ordinaryong employee lang

 

appointed nga po but after two years wala na binigay na notice of appointment sa kanya.. (pls see the first paragraph)

Edited April 8, 2010 by rocco69

[aNtipAtiKa]

no specified provision in the by-laws/ article of cooperation

[rocco69]

kung ganun, lumalabas na ordinary employee siya at applicable sa kanya yung 2-year continuous service. me laban kayo, but you have to wait for the result of the CDA mediation

 

no specified provision in the by-laws/ article of cooperation

[aNtipAtiKa]

ang tagal nga eh

[Arneeious]

If a female law student had an affair with a married man and they had a child, can the wife file a complaint to prevent the law student from taking the bar or does the wife have to wait for the student to be a lawyer before she files the complaint? Does she also have to include her husband in the complaint even if they've already made peace with each other?

Edited April 13, 2010 by Arneeious

[rocco69]

can the wife file a complaint to prevent the law student from taking the bar? YES

 

Does she also have to include her husband in the complaint? is the husband taking the bar? if not, no need to include.

 

If a female law student had an affair with a married man and they had a child, can the wife file a complaint to prevent the law student from taking the bar or does the wife have to wait for the student to be a lawyer before she files the complaint? Does she also have to include her husband in the complaint even if they've already made peace with each other?

[Arneeious]

can the wife file a complaint to prevent the law student from taking the bar? YES

 

Does she also have to include her husband in the complaint? is the husband taking the bar? if not, no need to include.

 

Ok, thank you for the reply.

[JohnMayall]

What are the legal dangers of buying and selling second hand cars in a private sale? What documents should you have? I'm thinking original OR/CR, absolute deed of sale, properly notarized, proof of sellers identity. What is the procedure to then to register the car in my own name? Again I'm thinking I go to the original LTO with all the paperwork and do it there. And what is the tactic for buying a second-hand car with a plan to sell it on to a third party without first transferring the registration into my own name?

[skyscraper]

Atty's, need enlightenment please re: civil marriage.

 

My brother has a gf who is 3 mos pregnant and they want to get married soon on a civil rites without her parents consent considering that she is a chinese while he is a pure Filipino. She is also an INC at 23 y/o while he is a Catholic at 32 y/o. Is it true that only a birth certificate from the civil registrar and 2 witnesses are required to have the civil wedding solemnized legally? Can a lawyer (a friend of mine) exercise the civil wedding? How about a mayor? Kindly share your experiences and other requirements that is necessary?

 

Thanks in advance, Sir.