legal Free Legal Advice

[ReDBaByBuRn]

is separation pay taxable?

[-wet-]

is separation pay taxable?

Section 32 (B )(6)(B ) of the Tax Code, as amended. explain ko sa yo pag nagkita tayo ulet.

Edited June 8, 2010 by -wet-

[ReDBaByBuRn]

ART. 87. Overtime work. - Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.

 

 

in the company that i was with, overtime can only be paid if it is a minimum of 30 mins extension.

 

however, the tl and atl was obliged to attend management meeting where in there are time that the said people involve needs to be in the office for almost 13 hrs and none of the said hrs additional to the 8 hrs is being paid. what legal actions can we do?

Edited June 8, 2010 by ReDBaByBuRn

[swami]

to my peers in the bar.

 

I am handling a murder/homicide case now. here it goes.

 

An information for murder was filed by the city prosecutor's office before the RTC. MR was filed by the accused before the city prosecutor's office, over the resolution recommending the filing of information for murder. the RTC issued a warrant of arrest. accused remained at large. Thereafter, the city prosecutor's office issued a resolution, REVERSING its earlier resolution, and this time, recommending the downgrading of the offense from murder to homicide. a motion to amend information was filed in court by the public prosecutor. the accused filed a corresponding motion to admit amended information.

 

As I represent the private complainant, I filed an Opposition to both motions, on the ground that there's a pending petitio for review with the DOJ, over the 2nd resolution downgrading the offense. Notwithstanding the pendency of the petition for review with the DOJ, the RTC ordered the amendment of the information. 3 days after, accused posted bail since it's already downgraded to homicide. I noticed that the order downgrading the offense from murder to homicide, was not mailed to me until 2 weeks later, that is, well after the accused had already posted bail. In short, di ako binigyan man lang ng opportunity to file an MR dun sa order downgrading the offense. agad na implemented yung order, kasi nga, 3 days after, nag grant agad ng bail.

 

tanong lang: do you think based on those facts, the judge is already biased? I'm thinking of asking the inhibition of the judge, but as we know, it's not easy to do that. what you guys think?

 

pasintabi lang po sa mga non lawyers and the mods. I hope this query won't be deleted. thanks

[jopoc]

to my peers in the bar.

 

I am handling a murder/homicide case now. here it goes.

 

An information for murder was filed by the city prosecutor's office before the RTC. MR was filed by the accused before the city prosecutor's office, over the resolution recommending the filing of information for murder. the RTC issued a warrant of arrest. accused remained at large. Thereafter, the city prosecutor's office issued a resolution, REVERSING its earlier resolution, and this time, recommending the downgrading of the offense from murder to homicide. a motion to amend information was filed in court by the public prosecutor. the accused filed a corresponding motion to admit amended information.

 

As I represent the private complainant, I filed an Opposition to both motions, on the ground that there's a pending petitio for review with the DOJ, over the 2nd resolution downgrading the offense. Notwithstanding the pendency of the petition for review with the DOJ, the RTC ordered the amendment of the information. 3 days after, accused posted bail since it's already downgraded to homicide. I noticed that the order downgrading the offense from murder to homicide, was not mailed to me until 2 weeks later, that is, well after the accused had already posted bail. In short, di ako binigyan man lang ng opportunity to file an MR dun sa order downgrading the offense. agad na implemented yung order, kasi nga, 3 days after, nag grant agad ng bail.

 

tanong lang: do you think based on those facts, the judge is already biased? I'm thinking of asking the inhibition of the judge, but as we know, it's not easy to do that. what you guys think?

 

pasintabi lang po sa mga non lawyers and the mods. I hope this query won't be deleted. thanks

 

 

remember that your are just a private prosecutor, under the direct control and supervision of the PUBLIC prosecutor. ergo, if the public prosecutor wants it downgraded, you are in no position to oppose in the RTC.

 

but go ahead with the appeal. kung maging favorable naman yan sayo, they can still amend the information again.

[JoshII]

Section 32 (B )(6)(B ) of the Tax Code, as amended. explain ko sa yo pag nagkita tayo ulet.

 

Baka naman pwede mo ng i-post dito yung tax code

[JoshII]

Mga boss,

 

Pag may civil case ka ba? Meron ka ba marka na derogatory record pag kumuha ka ng NBI clearance?

[butoy0715]

Unfortunately, cases are not always won on merits alone. There are other factors that come into play and not all are legal. At any rate, if you are not happy with your lawyer you are always free to hire another lawyer to handle your case. You may personally check the court records to find out the reasons for the postponement. I know from personal experience that hearings may be postponed for several reasons: absent judge, lack of time, absent opposing counsel, etc. Btw, who is the judge handling your case?

 

Si judge Marilyn Madamba-Luang po ang may hawak ng case. sir how po ang filing fee ng civil case? because our lawyer suggest that we will file civil case but we have no idea how much it would cost.

[swami]

remember that your are just a private prosecutor, under the direct control and supervision of the PUBLIC prosecutor. ergo, if the public prosecutor wants it downgraded, you are in no position to oppose in the RTC.

 

but go ahead with the appeal. kung maging favorable naman yan sayo, they can still amend the information again.

 

Panero, I beg to differ. As private prosecutor, I protect the civil aspect of the case. The civil liability arising from murder will be much more (read: more money for private complainant) than that of homicide. Ergo, should the act of the judge diminish in any manner the civil liability that may be recovered from the accused, private complainant may rightfully impugn such arbitrary act.

 

that's just my opinion, panero.

Edited June 18, 2010 by swami

[Pinoymale]

Si judge Marilyn Madamba-Luang po ang may hawak ng case. sir how po ang filing fee ng civil case? because our lawyer suggest that we will file civil case but we have no idea how much it would cost.

 

Atty. Marilyn Madamba-Luang is not a judge, she's the head of the Las Pinas Office of City Prosecutors. If I understand it correctly, the case is not yet at the court level, it is still with the fiscal's office for preliminary investigation. Filing fees for civil cases are computed based on your prayers and the amount of damages you are asking for. Once you decide on how much you will be asking for, you may inquire with the RTC or MeTC OCC (Hall of Justice Bldg) about the filing fees. What criminal charge/s did you file with the fiscal's office?

[jopoc]

Panero, I beg to differ. As private prosecutor, I protect the civil aspect of the case. The civil liability arising from murder will be much more (read: more money for private complainant) than that of homicide. Ergo, should the act of the judge diminish in any manner the civil liability that may be recovered from the accused, private complainant may rightfully impugn such arbitrary act.

 

that's just my opinion, panero.

 

 

here is my opinion, if you are going for the civil aspect, then file a separate civil action, in that way, you are not under the direct control and supervision of the public prosec. so if the public prosec says that the criminal case should be for homicide, and not murder, and you do not agree to that on the basis that you will get more in a murder case, then file a separate civil action, there you can ask anything you want.

 

my take here is that anything that refers to the criminal aspect (like the information to be filed) is under the control of the public prosecutor. as private prosecutor, you are bound by it. if you dont agree with the fiscal, like i said, go ahead with the appeal. if the DOJ sec later orders the public prosec to amend the information to murder, then the fiscal is obliged to follow.

[bonito99]

Baka naman pwede mo ng i-post dito yung tax code

 

 

 

 

Google is your friend.

 

Mga boss,

 

Pag may civil case ka ba? Meron ka ba marka na derogatory record pag kumuha ka ng NBI clearance?

 

Wala.

[cydney_maldita]

heres the scenario:

A-----husband

B------wife

C------first daughter

D---inlaws

 

 

A and B got separated kasi palagi nanbabae si A, they got a final decision na hiwalay na since si A may family na while si B na involved na din sa ibang lalaki...

yung bahay na tinitirahan ni B and C, ay pag aari ng family ni A since buhay pa yung matanda nde pa nahahati yung mga ari arian....

may right ba yung D na palayasin si C or B sa bahay na tinitirahan nila??(since hindi pa ito titulado dahil buhay pa yung lola ni C)or what if makisama na si B sa ibang lalaki pwede bang mag stay si C sa bahay na yun? or technically si A ang dapat magpalayas kay C since sya yung anak ng may ari....(legitimate daughter si C and legitimate wife si

[swami]

here is my opinion, if you are going for the civil aspect, then file a separate civil action, in that way, you are not under the direct control and supervision of the public prosec. so if the public prosec says that the criminal case should be for homicide, and not murder, and you do not agree to that on the basis that you will get more in a murder case, then file a separate civil action, there you can ask anything you want.

 

my take here is that anything that refers to the criminal aspect (like the information to be filed) is under the control of the public prosecutor. as private prosecutor, you are bound by it. if you dont agree with the fiscal, like i said, go ahead with the appeal. if the DOJ sec later orders the public prosec to amend the information to murder, then the fiscal is obliged to follow.

 

 

we are after revenge, not money. we're just using the civil liability as pre-text to justify our insistence that the charge should be murder, not homicide, as what is always done in practice. Filing a separate civil action is dangerous (e.g., the accused may connive with the fiscal, and cause the dismissal of the criminal information, with enormous ramification to the civil complaint)

[guest1979]

Good day sir/madame,

 

hope someone from this thread could help me with my problem with regards to my previous employer. the effectivity of my resignation was last april 16, 2010, but to date I have not received my compensation and terminal pay. before i left the company I am cleared of my duties and responsibilities as an accounting clerk. I have been connected with that company for 4 years and 7 months.

 

Lately, my previous officemate informed me that they have already prepared my terminal pay, (salary, over time pay and vacation leave credits converted to cash) but no 13th month pay. they said that I am not entitled for even if pro rated.

 

My question is

1. Do the company i am previously connected is obliged to pay me for the non payment on time of my salary and other benefits?

2. Am I not entitled for the pro-rated 13th month?

 

thanks for answering.

[spud]

is there a legal way to protect yourself from "stalkers?" in the US, they have those restraining orders, right? do we have those here in our country, too?

[rocco69]

Yes, RA9262 provides for these kind of protection orders. note however that these can be applied for only by women and children

 

is there a legal way to protect yourself from "stalkers?" in the US, they have those restraining orders, right? do we have those here in our country, too?

[rocco69]

1. may right ba yung D na palayasin si C or B sa bahay na tinitirahan nila??

 

YES. Bilang may-ari, may karapatan si D na piliin kung sino ang titira (o hindi dapat tumira) sa lupa niya.

 

2. what if makisama na si B sa ibang lalaki pwede bang mag stay si C sa bahay na yun?

 

Dahil YES ang sagot sa Question Number 1, naturalmente, pwede ring palayasin si C sa bahay na yan.

 

Note that if C is still a minor, she is entitled to support from her father A, to include her needs for shelter, but this cannot be used to justify staying in the house since the house does not belong to A.

 

 

heres the scenario:

A-----husband

B------wife

C------first daughter

D---inlaws

 

 

A and B got separated kasi palagi nanbabae si A, they got a final decision na hiwalay na since si A may family na while si B na involved na din sa ibang lalaki...

yung bahay na tinitirahan ni B and C, ay pag aari ng family ni A since buhay pa yung matanda nde pa nahahati yung mga ari arian....

may right ba yung D na palayasin si C or B sa bahay na tinitirahan nila??(since hindi pa ito titulado dahil buhay pa yung lola ni C)or what if makisama na si B sa ibang lalaki pwede bang mag stay si C sa bahay na yun? or technically si A ang dapat magpalayas kay C since sya yung anak ng may ari....(legitimate daughter si C and legitimate wife si

[rocco69]

. Do [sic] the company i am previously connected is [sic] obliged to pay me for the non payment on time of my salary and other benefits?

 

You'd have to first prove that there was a delay, i.e., your monetary claims had already been processed but they intentionally refused to pay it on time, not that they were still processing the paperwork with regards to your claim. Note that only about two months have elapsed since your resignation, which cannot be said to be an unreasonable length of time to process your money claims. In other words, pwedeng may liability kung mapapatunayan mo na may delay on their part, pero mahihirapan ka to prove this. In my opinion, it's not worth the hassle. Just get your money and paint the town red!

 

2. Am I not entitled for the pro-rated 13th month?

 

YES. Clause 6 of the Revised Guidelines on 13th Month Pay provides:

 

 

6. 13th Month Pay of Resigned or Separated Employee.

An employee who has resigned or whose services were terminated at any time before the time for payment of the 13th month pay is entitled to this monetary benefit in proportion to the length of time he worked during the year, reckoned from the time he started working during the calendar year up to the time of his resignation or termination from the service. Thus, if he worked only from January up to September his proportionate 13th month pay should be equivalent of 1/12 his total basic salary he earned during that period.

 

The payment of the 13th month pay may be demanded by the employee upon the cessation of employer-employee relationship. This is consistent with the principle of equity that as the employer can require the employee to clear himself of all liabilities and property accountability, so can the employee demand the payment of all benefits due him upon the termination of the relationship.

 

 

Good day sir/madame,

 

hope someone from this thread could help me with my problem with regards to my previous employer. the effectivity of my resignation was last april 16, 2010, but to date I have not received my compensation and terminal pay. before i left the company I am cleared of my duties and responsibilities as an accounting clerk. I have been connected with that company for 4 years and 7 months.

 

Lately, my previous officemate informed me that they have already prepared my terminal pay, (salary, over time pay and vacation leave credits converted to cash) but no 13th month pay. they said that I am not entitled for even if pro rated.

 

My question is

1. Do the company i am previously connected is obliged to pay me for the non payment on time of my salary and other benefits?

2. Am I not entitled for the pro-rated 13th month?

 

thanks for answering.

[cydney_maldita]

1. may right ba yung D na palayasin si C or B sa bahay na tinitirahan nila??

 

YES. Bilang may-ari, may karapatan si D na piliin kung sino ang titira (o hindi dapat tumira) sa lupa niya.

 

2. what if makisama na si B sa ibang lalaki pwede bang mag stay si C sa bahay na yun?

 

Dahil YES ang sagot sa Question Number 1, naturalmente, pwede ring palayasin si C sa bahay na yan.

 

Note that if C is still a minor, she is entitled to support from her father A, to include her needs for shelter, but this cannot be used to justify staying in the house since the house does not belong to A.

 

yung D po mga aunts lang ni C and ayaw naman nung Lola(the real owner ng lot) ni C na umalis sila ng bahay the prob is wala ng kapasidad yung matanda para pigilan ang mga anak nya dahil matanda na...

[spud]

Yes, RA9262 provides for these kind of protection orders. note however that these can be applied for only by women and children

 

i see. thank you very much for the info. can she or the child seek help from an attorney for this or should a case be filed first?

[rocco69]

kung ang mga tiyahin lang ang me gusto, legally, wala silang karapatan na palayasin si C. kaya lang, ikaw na rin ang nagsabi na di mapigilan nung matanda, when push comes to shove (i.e. magmatigas si C na di siya aalis kung hindi yung matanda yung magpapa-alis sa kanya), i would say mapipilit ng mga tiyahin na pumayag yung matanda sa gusto nila.

 

yung D po mga aunts lang ni C and ayaw naman nung Lola(the real owner ng lot) ni C na umalis sila ng bahay the prob is wala ng kapasidad yung matanda para pigilan ang mga anak nya dahil matanda na...

[rocco69]

kahit ang barangay,pwede mag-issue ng protection order pag may dumulog dun at humingi ng tulong laban sa pananakit sa kanila, pero yugn stalking, sa korte lang ito, kaya mangangailangan sila ng attorney (kasi sa pag-file kailangan atty ang gumawa)

 

i see. thank you very much for the info. can she or the child seek help from an attorney for this or should a case be filed first?

[cydney_maldita]

another one yung friend ko kasi

 

 

he turned down yung responsibilities nya sa xgf nya na nabuntis but the girl died nung manganak sa baby nila, hindi sila kasal...parang mejo tinakbuhan nya yung responsibilities...

 

when he tried na makipag ayos nasa 7th month na ng pagbubuntis yung girl, pero yung girl na ang di tumanggap..then ng mamatay yung girl gusto sana nyan makuha yung bata or not necessarily makuha atleast magampanan yung pagiging tatay..pero nag refused yung mga magulang nung xgf....if ma prove ba yung paternity nya sa kanya ba papabor ang court..kasi dito sa probinsya nauuna ang emosyon kesa sa batas, especially dun sa mga magulang nung babae

[Carder]

help naman po need ng legal advice regarding sa billing problem namin sa maynilad..

 

here's the scenario:

 

Nag upgrade ng water line ang maynilad sa area namin.. so nirequired lahat ng bahay sa lugar namin na magpalit ng metro at their cost.

 

dati yung metro namin nasa harap ng bahay namin.. pero nung kinabit ng maynilad yung bagong metro nila eh malapit na sa main road since may alley papunta sa bahay namin at siguro para madaling matunton ng maynilad personnel pag nagrereading.

 

sa kaso namin tatlong metro kaming magkakalapit sa isang area.. yung ibang kapitbahay namin.. mga lima hanngang sampung metro ang magkakadikit.

 

simula nung magamit na namin ang bagong metro na kinabit ng maynilad.. ang first bill agad namin is 17,667.90 pesos

 

nag complain agad kami.. but nirequire nila kami magbayad muna ng 2,500 then iimbestigahan nila kung saan may problema. pinagawa rin nila sa amin na imonitor namin ang bawat araw ng current reading ng metro namin.. so araw-araw eh naka note down.

 

nagbayad din ulit kami another 15,000 pesos since baka daw kami putulan pero kung may fault sa part nila eh irerefund naman daw agad.

 

yung resulta ng imbestigasyon eh nagkamali daw ng reading pero wala pa kaming refund na natatangap sa maynilad simula nuon.

 

then yung mga sumunod na bill is naging 19,810.16 pesos. tapos yung sumunod ulit na bill eh 24,217.28 pesos na.

 

yung ibang kapitbahay namin dito ganun din ang nangyari..

 

 

Gusto namin mag sampa ng kaso against MAYNILAD pero anong case po ba ang nauukol sa ganitong problema? medyo nagkakaaway-away na po kasi dito sa bahay namin dahil sa bill na natatangap namin.. STRESSED OUT na kami.

 

sino po ba ang regulatory commission ang nag momonitor sa mga water services like MAYNILAD..