legal Free Legal Advice

[webmaster_ph]

@fryxxter: how was the pay and benefits?

[freelicker]

It looks like everyone is in agreement. Generally, there is no legal liability if you accept a counter offer when you have a pending work that you have accepted. However, while there is no legal liability (as in everything in life), what is legal is not always what is preferrable.

[shinta]

Hello sirs.

 

I would just like to ask for you advice regarding another case:

 

Nurse A signed a contract with a staffing agency for the states, which we'll call Agency A. They prepared his immigrant application, submitted his name to the Immigration and Naturalization Center in the states. After a year of waiting, nurse A has only received his Packet 2 and he's waiting for the National Visa Center to call.

 

He gets impatient and seeks another agency. He found another agency, Agency B which offers direct hiring for a hospital in the states. After a round of interviews with the representatives of the hospital and the agency, he gets hired and signs their contract.

 

The problem is, Agency A is asking for $1,000 in compensation and for a breach in his contract.

 

My questions are:

1. Should he still pay the $1,000 eventhought this was not stipulated in the contract, and the agency A has only paid for his immigration application (about $150)

 

2. I heard that only one agency is allowed to represent Nurse A. If he withdraws from agency A, agency B still cannot re-apply with the Naturalization and Immigration Center. Is this true? If so, then should we advice Nurse A to stick with Agency A and withdraw his application to agency B?

 

3. Should Nurse A pay agency A and agency A withdraws their claim, before agency B applies for Nurse A at the Naturalization and Immigration Center, could nurse A then be allowed to go on with the process?

 

 

Thanks in advance!! Hope someone can advise...

[pogingpogi2x]

could'nt you file for bankruptcy?

 

a bankruptcy? pano yon?

[webmaster_ph]

It looks like everyone is in agreement. Generally, there is no legal liability if you accept a counter offer when you have a pending work that you have accepted. However, while there is no legal liability (as in everything in life), what is legal is not always what is preferrable.

~freelicker

 

ditto!

[webmaster_ph]

a bankruptcy? pano yon?

~pogingpogi2x

 

filing for bankcruptcy is literally what it means e.g. declaring that you can no longer pay for your liabilities.

 

maybe our distinguished attorneys can further elaborate.

[jojoendejr]

Sir I got same problem, sa akin naman ginamit ng kaibigan ko yung pera tapos di sya makabayad yun ang katangahan ko. tapos ang laki ng sinisingil nila at ang laki ng interest. may ground ba talaga para mag kakaso or worst makulong ka?

 

 

If it concerns credit card and purchases in relation to its use, then the most the credit company can do is to saue you for collection of sum of money (paniningil ng utang). However, before they can do this, the credit card company, or any lending/financing company for that matter, must first send you a demand letter with a complete statement of your account (para malaman mo naman kung paano sila nag-arrive sa amount na kinokolekta nila sa iyo). Only then can they file a civil complaint against you. Warrant of arrest? "Tinyente Guevarra?" This ia not a criminal case pards. The courts only issues warrants of arrest in criminal cases. Never in a civil case unless if it is for contempt. Consequently, if there is no warrant of arrest, no police officer can intervene or assist the complainant.

 

Sa query ng isang friend natin, it doesn't matter if your friend is the one who actually benefit from the use of your credit card. Why? Because the purchases were made with the use of your card and consequently, you are the one presumed to have used or made the purchase. It is your look out kung ipapagamit mo sa iba. As far as the company is concerned, you used the card they issued in your name, you pay. But as I have said, hindi ka makukulong dahil this is a civil case and not a criminal case.

[pogingpogi2x]

If it concerns credit card and purchases in relation to its use, then the most the credit company can do is to saue you for collection of sum of money (paniningil ng utang). However, before they can do this, the credit card company, or any lending/financing company for that matter, must first send you a demand letter with a complete statement of your account (para malaman mo naman kung paano sila nag-arrive sa amount na kinokolekta nila sa iyo). Only then can they file a civil complaint against you. Warrant of arrest? "Tinyente Guevarra?" This ia not a criminal case pards. The courts only issues warrants of arrest in criminal cases. Never in a civil case unless if it is for contempt. Consequently, if there is no warrant of arrest, no police officer can intervene or assist the complainant.

 

Sa query ng isang friend natin, it doesn't matter if your friend is the one who actually benefit from the use of your credit card. Why? Because the purchases were made with the use of your card and consequently, you are the one presumed to have used or made the purchase. It is your look out kung ipapagamit mo sa iba. As far as the company is concerned, you used the card they issued in your name, you pay. But as I have said, hindi ka makukulong dahil this is a civil case and not a criminal case.

 

thanks sir, linawin ko lang, Dapat kung may pinadala silang Demand Letter may kasamang Statement of Account? Not just the amount itself?

[pogingpogi2x]

~pogingpogi2x

 

filing for bankcruptcy is literally what it means e.g. declaring that you can no longer pay for your liabilities.

 

maybe our distinguished attorneys can further elaborate.

 

thanks sir, dpat maningil muna ko.

[webmaster_ph]

Generally, your liability is just civil. Not criminal. Damage to record? Well, it wouldnt affect your NBO or Police Certificates unless the employer can cook some criminal case against you, that is totally separate from your resignation. Reputation-wise? It depends on what industry you are in. Remember the world is getting smaller, and HR managers in this country are getting more organized. I know for a fact that HR managers talk to one another, and even ask for background checks. If the HM manager dont like you guts, he will surely inform the new HR managers in your new company of your record. Not a good record to keep -- being awol.

 

they might even publish a notice in the papers. btw, is this legal?

[freelicker]

they might even publish a notice in the papers. btw, is this legal?

 

Posting of termination notices in the papers are valid and non-actionable unless what was posted in the papers are untrue. In which case it becomes a case of libel.

 

That's why most notices of termination in the paper are rather general (this employee is no longer connected, or employee was terminated for cause or any dealings by said employee in behalf of....) to avoid a potential lawsuit for libel.

[charmed shannen]

A criminal case has been archived due to the failure of the complainant to actively pursue the case. What will happen now to the warrant of arrest issued against the accused? Does he have to post bail still? What actions should the accused do to be able to have the case dismissed? Thanks

[webmaster_ph]

Posting of termination notices in the papers are valid and non-actionable unless what was posted in the papers are untrue. In which case it becomes a case of libel. smile.gif

 

That's why most notices of termination in the paper are rather general (this employee is no longer connected, or employee was terminated for cause or any dealings by said employee in behalf of....) to avoid a potential lawsuit for libel.

 

true...most of these ads don't even mention the cause for termination.

[mlpf]

A criminal case has been archived due to the failure of the complainant to actively pursue the case. What will happen now to the warrant of arrest issued against the accused? Does he have to post bail still? What actions should the accused do to be able to have the case dismissed? Thanks

 

A criminal case is normally archived in two instances: (1) the accused has not been arraigned for he has not yet been arrested or has not surrendered to the court; (2) the accused has been arraigned, but has jumped bail and the complainant is also not appearing during the hearings despite notice. When the case is archived, a warrant of arrest is issued against the accused. The warrant subsists despite the non-appearance of the complainant during the hearings. For the case to be dismissed, the accused has to surrender to the court, post bail and let the case proceed. Notices will be sent to the complainant. If the complainant continues to disregard the notices especially when the case is set for trial, the Court, upon motion of the defense counsel, is free to either dismiss the case with prejudice or dismiss the case provisionally (provided that the accused expressly agrees). If the accused, however, agrees to a provisional dismissal, the complainant may still revive the case within 1 year (if the case is before the MTC) or 2 years (if the case is before the RTC). Courts in criminal cases tend to play safe by granting provisional dismissals. If the accused wants a quick dismissal after only 2 hearings, go for a provisional dismissal. If the accused is patient and is willing to take the risk that the complainant might just suddenly show up after around 3 to 5 hearings, go for a permanent dismissal with prejudice.

[epFDee]

maybe someone can help me with this...

 

my friend is married. she and her husband separated years ago. they haven't seen each other in ten years. no communication whatsoever. she doesn't even know if her husband is still alive or dead.

 

my friend is in a relationship right now and they planning to get married soon. what legal matters should they undertake to ensure na walang tatamaan? baka kasi magkagulo pa daw.

[charmed shannen]

A criminal case is normally archived in two instances: (1) the accused has not been arraigned for he has not yet been arrested or has not surrendered to the court; (2) the accused has been arraigned, but has jumped bail and the complainant is also not appearing during the hearings despite notice. When the case is archived, a warrant of arrest is issued against the accused. The warrant subsists despite the non-appearance of the complainant during the hearings. For the case to be dismissed, the accused has to surrender to the court, post bail and let the case proceed. Notices will be sent to the complainant. If the complainant continues to disregard the notices especially when the case is set for trial, the Court, upon motion of the defense counsel, is free to either dismiss the case with prejudice or dismiss the case provisionally (provided that the accused expressly agrees). If the accused, however, agrees to a provisional dismissal, the complainant may still revive the case within 1 year (if the case is before the MTC) or 2 years (if the case is before the RTC). Courts in criminal cases tend to play safe by granting provisional dismissals. If the accused wants a quick dismissal after only 2 hearings, go for a provisional dismissal. If the accused is patient and is willing to take the risk that the complainant might just suddenly show up after around 3 to 5 hearings, go for a permanent dismissal with prejudice.

 

 

my profound thanks...

'Tis usually the case of lawyers practising a specific branch of law.. they tend to forget..

Edited October 17, 2007 by charmed shannen

[mlpf]

maybe someone can help me with this...

 

my friend is married. she and her husband separated years ago. they haven't seen each other in ten years. no communication whatsoever. she doesn't even know if her husband is still alive or dead.

 

my friend is in a relationship right now and they planning to get married soon. what legal matters should they undertake to ensure na walang tatamaan? baka kasi magkagulo pa daw.

 

File a Petition for the Declaration of Presumptive Death.

[webmaster_ph]

pls. elaborate on Declaration of Presumptive Death

[mlpf]

pls. elaborate on Declaration of Presumptive Death

 

Article 41 of the Family Code

 

"Art. 41. A marriage contracted by any person during the subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provision of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

 

For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse."

 

There are four (4) requisites for the declaration of presumptive death under Article 41 of the Family Code:

 

1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code;

 

2. That the present spouse wishes to remarry;

 

3. That the present spouse has a well-founded belief that the absentee is dead; and

 

4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.

[webmaster_ph]

thanks for the enlightenment, mlpf

[redax]

It would be imperative to make sure the spouse is dead because if he shows up the subsequent marriage would be automatically terminated and a complicated situation would arise. It would definitely be worth it to diligently determine his whereabouts or status first.

[mlpf]

It would be imperative to make sure the spouse is dead because if he shows up the subsequent marriage would be automatically terminated and a complicated situation would arise. It would definitely be worth it to diligently determine his whereabouts or status first.

 

Agreed. That is why the petitioner is required to have a "well founded belief" that his/her spouse is dead.

[webmaster_ph]

Agreed. That is why the petitioner is required to have a "well founded belief" that his/her spouse is dead.

 

like a burnt car or a shirt with blood stains as proof

[jojoendejr]

thanks sir, linawin ko lang, Dapat kung may pinadala silang Demand Letter may kasamang Statement of Account? Not just the amount itself?

 

 

Yes. Otherwise, how would you know kung paano sila nag-arrive at the amount na sinisingil sa iyo? Further, how would you know kung tama ang sinisingil nila? Baka may payments ka na hindi nila nai-credit sa account mo. A statement of account will answer those questions.

[jojoendejr]

A criminal case has been archived due to the failure of the complainant to actively pursue the case. What will happen now to the warrant of arrest issued against the accused? Does he have to post bail still? What actions should the accused do to be able to have the case dismissed? Thanks

 

Re warrant:

1. If the accused was not arrested on the strenght of the warrant of arrest, the police officers will return it to the court with notation that accused was not arrested. In such a case, the court will issue an alias (second) warrant of arrest against him and archive the case.

 

2. Copies of the alias warrant will be furnished sa police district ng last known address ng Accused as well as the NBI.

 

3.If after sometime (sometimes this will take years) the Accused is arrested, the case will be revived.

 

4.Once accused is arrested, he will be required to post bail (unless if his case is heinous, which means no bail allowed).

 

5. Once the case is revived, the private complainant will be notified. If the complainant will not appear despite due notice, the case may be dismissed. But if the complainant appears, the Accused may either settle the matter with the complainant or fight it out in Court. It's his choice.