legal Free Legal Advice

[bonito99]

@sidiyo: what was written in the employment contract?

[oliverjohnholmes]

 

further to what bonito99 asked...has he tried seeking the assistance of the HR Department? Or the union, if there is one for employees such as himself (rank and file, i would surmise), even if he is not a member...furthermore, was there any formalities involved in the transfers and the refusal by one manager, be it the am or pm?

 

to try to answer your queries:

 

For No. 1) Check all his documents. If he signed a contract, it should have detailed there his position, work schedule, department assignment, functions and accountabilities. If he does not have a copy, then ask the HR Dept to furnish you one, through a letter request. Only after you've read this can you determine the cause of action available vis a vis the Labor Code;

 

For No. 2) Check the Employee's Handbook of the Company, or their Code of Conduct. That at the very least determines internally if some injustice or violation occurred;

 

For No. 3) Forced to leave, or just placed on floating status? wouldn't it be conventional wisdom to finish his contract and go somewhere else...i do understand it isn't easy finding other work, but at least he would have a certificate of employment as one up against the others...

 

For No. 4) Libel, is printed word...may move for intriguing against honor or slander...tenuous but feasible...

 

i hope it sheds some light...

 

 

Two roads diverged in a wood, and I--

I took the one less traveled by,

And that has made all the difference.

- Robert Frost, “The Road Not Taken”(1920)

 

[Macy]

I have a serious situation that needs an immediate solution...

 

It involves a young Moslem lady, of legal age, currently pregnant with fraternal twins and willing to have the babies given up for adoption. Her BF died early this year. He was a Christian. She has been warned that she will be stoned or flogged for 40 days if she reveals herself so we are keeping her well hidden from her family who is well connected in the Moslem community since they are from a well-to-do family. Her father works for a foreign airline company. She herself carries a Dubai passport. She will be due in mid-to-late October, earlier than expected as it was thought to be a single birth at first prior to her last ultrasound.

 

I just want to know if there are any legal repercussions should I help her out.

[Guest Leviticus]

Hello to computer enthusiasts here.

 

Medyo out of date na ako when it comes to computers (specifically pagdating sa hardware).

 

Plano ko ang mag-buo na lang ng computer on my own.

 

Habang nagtitingin ng mga price lists and what nots I came upon a motherboard with a description as: Dual processor core.

 

 

What is that? What type of processor will it be using?

 

Any info would be appreciated...

[oliverjohnholmes]

I have a serious situation that needs an immediate solution...

 

It involves a young Moslem lady, of legal age, currently pregnant with fraternal twins and willing to have the babies given up for adoption.  Her BF died early this year.  He was a Christian.  She has been warned that she will be stoned or flogged for 40 days if she reveals herself so we are keeping her well hidden from her family who is well connected in the Moslem community since they are from a well-to-do family.  Her father works for a foreign airline company.  She herself carries a Dubai passport.  She will be due in mid-to-late October, earlier than expected as it was thought to be a single birth at first prior to her last ultrasound. 

 

I just want to know if there are any legal repercussions should I help her out. 

<{POST_SNAPBACK}>

 

 

some ruminations...

 

how young is she?

 

what kind of help are you extending...by keeping her hidden from her family may already have repercussions...not too familiar with the muslim personal laws on capacity..but if found that she has no personal capacity, you would be dealing with the persons with parental authority over her...how they see things are very different from what your intent and acts are...

 

secondly, immorality would play a very crucial role here...the flogging is essentially a penalty imposed on act in violation of the Qu'ran..application of the very same rules to non-Islam faithful is not a new concept, albeit unpracticed here but not disallowed ( Code of Muslim Personal Laws PD 1083) but i have not encountered one as of yet...we have other specialists for that...

 

thirdly, as foreign citizens (or at the very least persons of dual citizenship) venue of trial for her actions would be critical...if it is here in the Philippines, then there are some options available which have yet to find jurisprudence on... but your primary defense would be found in PD1083 itself...

 

fourth, liability...as i always believed, there is no bar to file complaints against you for whatever reason...but filing complaints is a world of difference from being able to prove your complaint...but off the top of my head slight illegal detention may be the case...

 

be safe...i hope this helps...

 

 

 

[Guest k....]

Hello to computer enthusiasts here.

 

Medyo out of date na ako when it comes to computers (specifically pagdating sa hardware).

 

Plano ko ang mag-buo na lang ng computer on my own.

 

Habang nagtitingin ng mga price lists and what nots I came upon a motherboard with a description as:  Dual processor core.

What is that?  What type of processor will it be using?

 

Any info would be appreciated...

<{POST_SNAPBACK}>

Dual-coer, Wikipedia, the free encyclopedia

[Macy]

some ruminations...

 

how young is she?

 

what kind of help are you extending...by keeping her hidden from her family may already have repercussions...not too familiar with the muslim personal laws on capacity..but if found that she has no personal capacity, you would be dealing with the persons with parental authority over her...how they see things are very different from what your intent and acts are...

 

secondly, immorality would play a very crucial role here...the flogging is essentially a penalty imposed on act in violation of the Qu'ran..application of the very same rules to non-Islam faithful is not a new concept, albeit unpracticed here but not disallowed ( Code of Muslim Personal Laws PD 1083) but i have not encountered one as of yet...we have other specialists for that...

 

thirdly, as foreign citizens (or at the very least persons of dual citizenship) venue of trial for her actions would be critical...if it is here in the Philippines, then there are some options available which have yet to find jurisprudence on... but your primary defense would be found in PD1083 itself...

 

fourth, liability...as i always believed, there is no bar to file complaints against you for whatever reason...but filing complaints is a world of difference from being able to prove your complaint...but off the top of my head slight illegal detention may be the case...

 

be safe...i hope this helps...

<{POST_SNAPBACK}>

oh gosh.... I can almost hear him saying.... you're in over your head again...

 

okay now... hmmmmm she's 23...

 

her family offered to send her money to have the baby aborted. she wanted help on that part but i said since the baby was about 4 months when she came to me, then I was morally liable to beg her to just give it up for adoption. she was decided on the procedure for several reasons... she was warned by the family of the baby's dad (they are also in Dubai and working with the dad of the lady in this case) that something will happen to her if she doesn't have it aborted. then she was given 2 weeks to report back to her dad if it was done. she was supposed to go back to Dubai. but if she went there without the procedure, she would be incarcerated, flogged 40 lashes for 40 days even if she was pregnant then the baby taken away from her by the Sultan.

against my better judgment, i informed her that abortion is legal in Malaysia and since she carries a Dubai passport, it would be easy for her. then the father stopped communicating with her. but everytime she moved (location or work) she was found by relatives and threatened anew.

so she is in hiding now... i told her not to tell me exactly where but to keep in touch regularly. she wants the twins given up for adoption as soon as she delivers.... for the adoptive parents to pay for her medical expenses and take the baby right away as their own. then she can fly to Dubai and continue with her life as if there were no babies.

of course i knew that was impossible.... i have several couples looking to adopt... i just need to find a legal way to do it.

[oliverjohnholmes]

oh gosh.... I can almost hear him saying.... you're in over your head again...

 

okay now... hmmmmm she's 23...

 

her family offered to send her money to have the baby aborted.  she wanted help on that part but i said since the baby was about 4 months when she came to me, then I was morally liable to beg her to just give it up for adoption.  she was decided on the procedure for several reasons... she was warned by the family of the baby's dad (they are also in Dubai and working with the dad of the lady in this case) that something will happen to her if she doesn't have it aborted.  then she was given 2 weeks to report back to her dad if it was done. she was supposed to go back to Dubai. but if she went there without the procedure, she would be incarcerated, flogged 40 lashes for 40 days even if she was pregnant then the baby taken away from her by the Sultan. 

against my better judgment, i informed her that abortion is legal in Malaysia and since she carries a Dubai passport, it would be easy for her.  then the father stopped communicating with her. but everytime she moved (location or work) she was found by relatives and threatened anew.

so she is in hiding now... i told her not to tell me exactly where but to keep in touch regularly.  she wants the twins given up for adoption as soon as she delivers.... for the adoptive parents to pay for her medical expenses and take the baby right away as their own.  then she can fly to Dubai and continue with her life as if there were no babies.

of course i knew that was impossible.... i have several couples looking to adopt... i just need to find a legal way to do it.

<{POST_SNAPBACK}>

 

 

him who?

 

the legal way of adoption in the Philippines is through a petition for adoption filed with the Regional Trial Court...the complication would be the children's citizenship since the children are illegitimate and the citizenship follows that of the mother...this would open her to diplmatic inquiry since she is a foreign national and inter-country adoption law may come into play...hearings would be held and the DSWD would take custody of the children until such time disposition of the case has been made...

 

that's the legal way...

 

[Macy]

oh ignore that...i talk to myself a lot sometimes....

 

 

alright, i will note your suggestions and work around it ... but you didn't hear that from me..

 

thank you so much for your assistance...

[cheesekeso2004]

Hello to computer enthusiasts here.

 

Medyo out of date na ako when it comes to computers (specifically pagdating sa hardware).

 

Plano ko ang mag-buo na lang ng computer on my own.

 

Habang nagtitingin ng mga price lists and what nots I came upon a motherboard with a description as:  Dual processor core.

What is that?  What type of processor will it be using?

 

Any info would be appreciated...

<{POST_SNAPBACK}>

 

Dual Proc Core is the new proc where inside the die, there are 2 cores, meaning you have 2 procs in 1 core

 

Dual core is similar to P4's HT tech, you can open several programs w/o slowdown or at least minimal slowdown of your pc.

 

If you are a standard user, like for games, typing etc, A single core would be the best for you. Single core is faster for games and simple applications, and Dual Cores are faster in multimedia encoding (vid editing).

 

For a Single Core, I suggest these procs:

AMD:

1. Sempron64 2500+ (Cheapest 64 bit Proc in the market)

2. Athlon64 3000+ "Venice" Stepping - Try to learn the basics of overclocking, and you can reach 2.4Ghz w/ minimum effort (thats equal to a Athlon64 4000+)

 

Intel:

1. Anything will do, as long as it is LGA775

2. Dothan Cores - These are actually laptop processors, but consumes less energy and is at par with the Venice core of AMD. Quite pricey though, very good for overclocking

 

Dual Cores are expensive, there are only few out there in the market:

AMD:

1. Athlon X2 3800+,4400+, and 4800+ - Extremely pricey, but reviews show that X2 is even better than the Intel's Dual Core.

 

Intel:

1. Intel Dual Core - Forgot the name actually, but as shown above, go for X2 rather than this.

2. "Yohan" Core - still under production, These are dothan cores, so this is a dual dothan cored die

[thunderboy123]

Inquiry sa mga guru,

 

compatible ba ang Gunbound, Gunz, Roseonline, MU online, Ragnarok online, Counterstrike at other games sa Win XP Home, mahal kasi ang Win XP Pro, basically ano ba difference nya malaki ba?, kasi nasanay na sa Win XP Pro at due also to ongoing rampant raids sa mga internet shops. Please advise

[cheesekeso2004]

Inquiry sa mga guru,

 

compatible ba ang Gunbound, Gunz, Roseonline, MU online, Ragnarok online, Counterstrike at other games sa Win XP Home, mahal kasi ang Win XP Pro, basically ano ba difference nya malaki ba?,  kasi nasanay na sa Win XP Pro at due also to ongoing rampant raids sa mga internet shops. Please advise

<{POST_SNAPBACK}>

 

Actually, wala naman masyado, except mas ok *daw* ang networking ng WinXP Pro. Never tested the home edition myself.

 

Why don't you try Win 2k? Or better, Win98 To be honest, they are helluva fast and safer too (protected against several viruses and spyware which only attacks xp )

 

P.S.

I suggest to remove Gunz as one of your games, its a bandwith hog, it will slow ALL other computer's net connection

[-=extreme=-]

Actually, wala naman masyado, except mas ok *daw* ang networking ng WinXP Pro.  Never tested the home edition myself.

 

Why don't you try Win 2k? Or better, Win98 To be honest, they are helluva fast and safer too (protected against several viruses and spyware which only attacks xp )

 

P.S.

I suggest to remove Gunz as one of your games, its a bandwith hog, it will slow ALL other computer's net connection

<{POST_SNAPBACK}>

 

Another thing is XP Home cannot log/join to a workgroup/domain (network) and the rest pareho na lahat. But you can use 3rd party utility if you want to enable logging to a workgroup/domain.

[thunderboy123]

thanks for the infos, however sometimes I encounter problems like gunbound from win98Se nageerror so reinstall the game but after a while ngeerror uli then with current games like battlefield 2, gta san andreas puro XP ang requirement swabe no problem talaga, bwisit kasi yang raids na yan. thanks also for the info regarding Gunz. Paano kaya yung 3rd party sa pagnenetwork ng XP home? If ever baka win 98SE again.

[Rock]

Sobrang heavy ng room na ito ah...

 

Let's lighten things up...

 

From the student body's blog site...

 

"Ask Scaebolah! #1

(Legal Solutions to Life’s Real Problems)

 

Dear Scaebolah,

 

My boyfriend is pressuring to have sex with him. I’m really in love with him but I’m not sure I’m ready for this. What shall I do?

 

- Juris Prudent

 

Dear Juris Prudent,

 

Many say that there is no love in law: only marriage, property, parental authority, and succession. This is error. The juristic arts may come to the aid of persons like you who wish to look to the guiding light of time-tested legal principles to solve the deepest problems of heart and soul.

 

The law of contracts is of doubtful application, under the given facts. Marriage (as a special contract) obviously does not apply, and your boyfriend cannot assert the right to consortium (or anything analogous thereto). No form of contract, nominate or innominate covers the prestation he desires. It can be argued that it is a species of facio ut facias, that is, he does (you) and you do (him), but no authority supports that assertion.

 

But even if specific performance arising from a contractual obligation is not due your boyfriend, your correlative rights and obligations may still be determined by custom.

 

The Civil Code, through Articles 11 and 12, implicitly recognize the validity of custom as a distinct normative system. As long as the custom is sufficiently proven and not contrary to positive legislation, it subsists as a form of social regulation. As to the question of the source of custom, there is no need to quibble: Custom is handed down by learned jurists like myself. Just ask any student of International Law.

 

As a starting point, I invite you to browse The Restatement of Love (104 Yale L.J. 707), an attempt to codify the common law rules on love and romance. On the subject of “Sex” it states:

 

i. Sex within an established relationship. The most common context for sexual intercourse is between two parties to an established relationship. While sexual intercourse is commonly considered a medium by which the parties advance the relationship, this perception is false; sexual intercourse merely reflects the bona fides of the relationship. Sex cannot remedy or compensate for the weaknesses in a flawed relationship, nor can it be used to circumvent the laborious process of establishing emotional intimacy. A fortiori, the introduction of sex into a strong relationship simply reinforces the parties' established emotional attachments.

 

 

This seems to suggest an a priori right to sex in established relationships, the way it is with those trashy American shows you kids watch. Whether or not this is applicable to our jurisdiction is doubtful. This is because American girls are sluts. The typical Filipina, on the other hand, is by nature shy and naïve when it comes to worldly things (see People v. Molina, GR No. L-30191 October 27,1973; People v. Ramos, GR No. 50450 March 16, 1984). Our jurisprudence (see for example People v. Campuhan, GR No. 129433 March 30, 2000) has compared the female virtue to a “citadel of passion”, and you must not so easily let anyone, including your boyfriend, bombard your drawbridge. The more apposite rule is based on the principle quum virginitas, vel castitas, corrupta restitui non potest (1 Viada, 301, 5th edition). Or, simply stated: just say no. for true love waits.

 

 

 

Yours,

 

Scaebolah"