legal Free Legal Advice

[bonito99]

On what grounds? None.

No one is subject to involuntary servitude. Besides, they haven't invested in you or your training in the company.

 

Withholding one's wages is a serious matter against an employer.

[TeeUp]

mga kapatid,

 

due to the urgency of having to submit a banner in time for the inter-chapter EB, i took the liberty of sending our banner to the MTC admin per advise by ms. macy. our approved logo had to be resized in order to comply with MTC admin's specifications as well as the need to include 'manilatonight.com' therein.

 

to replace our respective logos with the banner, you may right click on the banner, properties, copy the complete URL (http:// etc). then open my controls, edit signature, delete old logo, IMG, paste the URL, ok, update signature, and you're done.

 

thanks panyeros y panyeras. and may you have fun at IC-EB. :mtc:

[coychee]

thanks for the advice

but is delayed compensation justifiable reason to bolt out from a contract?

i really want to leave but worried they might sue me

if there is a provision in your employment contract on the remedies of the parties in case of breach, then the remedies stated in the contract should be followed.... however, if there is none, then you can justifiably resign from your work, anyway, it was your employer who did not comply first with the contract by not paying you your compensation...

 

my advice....

 

dont resign... wait until you have worked for six months...then if still your employer does not pay you your salary, then file a complaint with the NLRC for constructive dismissal....include your monetary claims....

[cruiser007]

thanks for the advice

but is delayed compensation justifiable reason to bolt out from a contract?

i really want to leave but worried they might sue me

wala kang dapat alalahanin.... wala naman silang karapatang idemanda ka sapagkat sila ang hindi nagbabayad ng sweldo mo. Ikaw nga ang dapat mag demanda sa kanila sa kalokohang ginagawa nila sa iyo. Ang aking maipapayo sa iyo ay lapitan mo muna ang management ng kumpanya na yan at hingin ang iyong sweldo. Kapag ayaw magbigay, gawin mong pormal ang pag hingi at iyong isulat ang iyong demand. tapos kung ayaw pa rin magbayad, punta na ng NLRC at magdemanda.

[Macy]

the new banner has been emailed.... let me know if anyone needs help with their signatures.... i will start with Lakay's as he seems not to be online...

[Macy]

so far i have edited the signatures of Lakay210, apipax, bokam, lionwing and freelicker..... those who want their sigs changed can PM me....

Edited July 13, 2004 by Macy

[TeeUp]

thanks ms. macy.... :mtc:

[hsmeilop]

i have about five usb devices. and only two usb ports. should I get a usb card or a usb hub? what do you suggest?

[menime]

i have about five usb devices. and only two usb ports. should I get a usb card or a usb hub? what do you suggest?

It depends, usb hubs usually work fine but if you have an old pc (latest motherboards usually has 4 to 6 usb ports) that only has usb 1.1 it's better if you get a card that is usb 2.0 compliant.

[bigbang theory]

sa mga notaryo publiko dyan...fyi.

July 12, 2004

Supreme Court Overhauls Rules on Notarial Practice

 

In order to curb abuses in notarial practice, the Supreme Court recently approved the 2004 Rules on Notarial Practice, set to take effect on the August 1, 2004. The Court promulgated on July 6, 2004 En Banc resolution in A.M. No. 02-8-13-SC, laying down the Rules to simplify, clarify, and modernize the rules governing notaries public; to foster ethical conduct among them; and to promote, serve and protect public interest. The Rules will repeal or modify all inconsistent rules, including issuances of the Supreme Court; but they will not repeal, amend or supersede the Notarial Law (Title IV, Chapter II of the Revised Administrative Code) and other pertinent laws in force.

 

The principal function of a notary public is to authenticate documents by certifying to the due execution and delivery of a document under his hand and seal. Several new provisions introduced in the 2004 Rules on Notarial Practice have no counterparts in the Notarial Law as laid down in the Administrative Code.

 

Starting August 1, 2004, it will no longer be sufficient to merely present a community tax certificate, commonly known as residence tax certificate or cedula, when acknowledging a document before a notary pubic. The Rules now explicitly prohibit the performance of a notarial act if the person involved as signatory to the instrument or document (1) is not in the notary's presence personally at the time of the notarization; and (2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity. "Competent evidence of identity" refers to identification based on: (a) at least one current

identification document issued by an official agency bearing the photograph and signature of the individual; or ( the oath or affirmation of one credible witness who is personally known to the notary public and who personally knows the individual, or of two credible witnesses who each personally knows the individual and shows to the notary public documentary identification. Aside from such competent evidence of identity, the signatory to the document to be notarized must still present his or her

community tax certificate, as required by C.A. 465.

 

Under the new Rules, only an Executive Judge of a Regional Trial Court, not just any RTC Judge, can issue commissions to notaries public. The Executive Judge must conduct a summary hearing on the application and any person who has any cause or reason to object to the grant of the notarial commission would now be granted the opportunity to file a verified written opposition, a first in the history of Philippine notarial practice. A "notarial commission" refers to the grant of authority to perform notarial acts.

 

Executive Judges are mandated by the new Rules to cause the prosecution of anyone who (a) knowingly acts or otherwise impersonates a notary public; ( knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and © knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct.

 

The Rules prohibit notaries public from performing notarial acts outside their respective regular places of work or business, in consonance with an earlier Supreme Court resolution requiring every notary public to hold office at a specific and appropriate address. But now, the 2004 Rules provide for only four exceptional occasions or situations when a notarial act may be performed at the request of the parties in the following places within the notary public's territorial jurisdiction:

 

(1) public offices, convention halls, and similar places where oaths of office may be administered;

(2) public function areas in hotels and similar places for the signing of instruments or documents requiring notarization;

(3) hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and

(4) any place where a party to an instrument or document requiring notarization under detention.

 

The Rules will now regulate the sale and manufacture of notarial seals. The sale of notarial seals will only be allowed upon written authorization from the Executive Judge, after verification and investigation of the qualifications of the vendors or manufacturers. Moreover, vendors and manufacturers can only sell notarial seals to buyers who submit certified copies of their notarial commissions, as well as their Certificates of Authorization to Purchase a Notarial Seal issued by the Executive Judge.

 

The Rules also now have provisions to specifically deal with change of status of notaries public ? such as change in name and address, resignation, or death ? which can disrupt the orderly flow of the notarial practice.

 

The 2004 Rules were drafted by the Sub-Committee for the Study, Drafting and Formulation of the Rules Governing the Appointment of Notaries Public and the Performance of Their Official Function, chaired by Justice Ricardo C. Puno, Sr. of the Philippine Judicial Academy. The Sub-Committee was created for that purpose under Supreme Court En Banc Resolution in A.M. No. 02-8-13-SC, issued on August 20, 2002, upon the recommendation of SC Senior Associate Justice Reynato S. Puno, Chairman of the Committee on the Revision of the Rules of Court, and SC Associate Justice Jose C. Vitug, Chairman of the Committee on Legal Education and Bar Matters.

 

The En Banc resolution in A.M. No. 02-8-13-SC, on the 2004 Rules on Notarial Practice, was first published in the July 12, 2004 (Monday) edition of the Manila Bulletin.

Edited July 14, 2004 by Macy

[bigbang theory]

so far i have edited the signatures of Lakay210, apipax, bokam, lionwing and freelicker..... those who want their sigs changed can PM me....

thanks madam...

[LAKAY210]

Thanks Macy.

[JUPITER]

hi,

 

I hope somebody can help me with my query.

 

Is it possible to convert a word (microsoft) document file into something that can be recognized by a palm pilot? Its a really big file. Its more than 300 pages.

You may also use Adobe Acrobat to distill it into pdf format.

[bokam]

Thanks Ms. Macy

[bokam]

lionwing,

 

Thanks for the info.

[JUPITER]

xcalibr, the best solution to your problem is sell your current PC and buy a new one like P4 HT.

 

you can upgrade it all you want but it will just become a wasted investment. better buy a new one.

[bigbang theory]

What if the declaration of independence was scrutinized by a management analyst/lawyer of today?

 

The Court of King George III

London, England

 

July 10, 1776

 

Mr. Thomas Jefferson

c/o The Continental Congress

Philadelphia, Pennsylvania

 

Dear Mr. Jefferson:

 

We have read your "Declaration of Independence" with great interest. Certainly, it represents a considerable undertaking, and many of your statements do merit serious consideration. Unfortunately, the Declaration as a whole fails to meet recently adopted specifications for proposals to the Crown, so we must return the document to you for further refinement. The questions which follow might assist you in your process of revision:

 

1. In your opening paragraph you use the phrase "the Laws of Nature and Nature`s God." What are these laws? In what way are they the criteria on which you base your central arguments? Please document with citations from the recent literature.

 

2. In the same paragraph you refer to the "opinions of mankind." Whose polling data are you using? Without specific evidence, it seems to us the "opinions of mankind" are a matter of opinion.

 

3. You hold certain truths to be "self-evident." Could you please elaborate. If they are as evident as you claim then it should not be difficult for you to locate the appropriate supporting statistics.

 

4. "Life, Liberty, and the pursuit of happiness" seem to be the goals of your proposal. These are not measurable goals. If you were to say that "among these is the ability to sustain an average life expectancy in six of the 13 colonies of at last 55 years, and to enable newspapers in the colonies to print news without outside interference, and to raise the average income of the colonists by 10 percent in the next 10 years," these could be measurable goals. Please clarify.

 

5. You state that "Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute a new Government". Have you weighed this assertion against all the alternatives? What are the trade-off considerations?

 

6. Your description of the existing situation is quite extensive. Such a long list of grievances should precede the statement of goals, not follow it. Your problem statement needs improvement.

 

7. Your strategy for achieving your goal is not developed at all. You state that the colonies "ought to be Free and Independent States," and that they are "Absolved from All Allegiance to the British Crown." Who or what must change to achieve this objective? In what way must they change? What specific steps will you take to overcome the resistance? How long will it take? We have found that a little foresight in these areas helps to prevent careless errors later on. How cost-effective are your strategies?

 

8. Who among the list of signatories will be responsible for implementing your strategy? Who conceived it? Who provided the theoretical research? Who will constitute the advisory committee? Please submit an organization chart and vitas of the principal investigators.

 

9. You must include an reviewuation design. We have been requiring this since Queen Anne`s War.

 

10. What impact will your problem have? Your failure to include any assessment of this inspires little confidence in the long-range prospects of your undertaking.

 

11. Please submit a PERT diagram, an activity chart, itemized budget, and manpower utilization matrix.

 

We hope that these comments prove useful in revising your "Declaration of Independence." We welcome the submission of your revised proposal. Our due date for unsolicited proposals is July 31, 1776. Ten copies with original signatures will be required.

 

Sincerely,

 

Management Analyst to His Majesty

Edited July 14, 2004 by Macy

[Eraserheads]

I agree with that... You should buy a new one...

[menime]

kase i've heard that no matter high your ram is when your fsb low, parang it'll have no effect sa performance. is this true?. Given the specs, i have installed 2 progs, 1 firewall and 1 AV, and gumagapang na

not true putting in more ram will give you reasonable increase in performance, there will be less virtual memory access, meaning less hard drive activity. specially when using win2k and winxp, which incidenteally is optimized for 256 mb of memory.

 

I also agree that it's time to upgrade to a new computer, but if you don't have the cash to get it now you can add ram to your pc as an alternative.

[NoX]

its not always advisable to get a new box. it still depends on what you're using the confuser for.

 

i know a lot of guys overseas who are serving their site (that are getting a respectable amount of traffic everyday) with boxes containing pentium 2 processors. there's even one guy who is using a p166 for his sites. of course if you're gonna use low end hardware, you gotta use a *nix type OS; you just can't expect win2k, not to mention xp, to run fast on a pentium 2. now if you want to play games, then you really have to buy a new box.

 

[cruiser007]

he he he.... nice one!!!!

[freelicker]

I miss the days when a lawyer's life was a lot simpler than what it is now. The language and thinking of lawyers are becoming such that even today's legalese starts sounding foreign to me!

 

I shudder to think how our own constitution ended up after so many so-called "educated" people put their heads into it. And now they want to amend it again.

[marc_7]

need help!

iv got a problem with my pc..

 

VBS Redlof.a.gen (and other forms of it)

 

anyone knows where i can get a fix for this virus? my anti-v can't seem to get rid of it.

[menime]

VBS Redlof.a.gen is a visual basic script virus (VBS) that infects because of active x vulnerability.... I think it sneaks into your system while surfing the net.

 

According to message boards, it's pretty difficult to remove this virus...

however the virus definiton for the script would be soon released, check virus program site to be updated

[Lilyblue]

hey good pm guyz....

 

follow up question about that video card with tv out... tv out and tv tuner is two different thing right??? i have a video card with tv out the specs is inno3d geforce fx5200... was askin u how can i make this thing work in a cam using not a separate tv but the monitor... do u think i need a capture card ??

 

thanks or magulo na naman ako