legal Free Legal Advice

[tobleron222]

sorry got no time to read all the post but i want to asked if an employee signed a contract with a bond on a probationary period only will this bond be an employee account of her since his not yet regular? as par as i know upon regularization lang po pde mag bond db? unless it is training bond is is right? well i have a friend signed a bond for two years but then he decided to leave the company for just working for 2 months only to his recent employer. anyone can help me off this?

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and the question is?

[oliverjohnholmes]

Can someone file for Declaration of Nullity of Marriage (I think that's what it's called, anyway) without going through court hearings?  My friend wants me to help her seek this but she doesn't want to appear in court.  I have copies of both marriage contracts... hers and the first wife's, so I am quite sure her marriage was null and void in the first place.  What does she need to file and how much should she prepare?

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From the Family Code EO 209

 

Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a)

 

the words "nature, consequences and incidents are governed by law". your friend (herein aggrieved party) would have to appear in court for two reasons 1) the civil suit for declaration of nullity of marriage and 2) bigamy.

 

in the civil suit, she, if ever she chooses to file for the issuance of such a decree, she would be the petitioner and as such the primary movant of the case. it would be inevitable that she appears in court not just as petiotioner but as star witness in her case. aside from such, presumptive legitimes need to be delivered before such the takes effect.also partition of properties and a whole slew of change of addressee names if ever she took on her bigamous husband's surname.

 

in the criminal case, then further complication arises. being the 2nd union, she may have to prove her ignorance of the previous marriage (not an easy task) in order to avoid criminal liability. remember in the criminal suit, her liability is not avoided by being the complainant, but she may be held liable also since this kind of crime is a crime against one of the State's basic institutions.

 

as far as i know, she cannot attack the presumptions of a valid marriage collaterally; she has to act directly in order to obtain her declaration. if she feels a public trial would unnecessary cause greater harm to befall upon her, in the civil suit, she may seek the court's indulgence to grant her proceedings a greater measure of privacy, and the only public aspect would be the promulgation of the decision.

 

cost depends on how quickly she wants this done. may have under the table implications, but advise your friend that this may cost quite a bit. is she remarrying, hence the need for the declaration of nullity?

 

[oliverjohnholmes]

sorry got no time to read all the post but i want to asked if an employee signed a contract with a bond on a probationary period only will this bond be an employee account of her since his not yet regular? as par as i know upon regularization lang po pde mag bond db? unless it is training bond is is right? well i have a friend signed a bond for two years but then he decided to leave the company for just working for 2 months only to his recent employer. anyone can help me off this?

<{POST_SNAPBACK}>

 

 

First you have to examine what the bond entails. is it bond to cover for any damage that the company would incur in the exercise of duties? or is it a bond for items provided to the employee? or is it a bond on competitive employment? in order to properly advise you on the implications of the bond, you must determine what it is for in the first place.

 

there is no hard and fast rule on employment bonds, because they are essentially private agreements (surety bonds) by and between the employee,employer and the third party insurer. what is provided though is the option by one party to rescind the bond agreement if 1) the terms are clearly not the intent of the parties and 2) when it is unconscionable on one party. though contracts presume equality, i would think that since this forms part of the employment of an individual, then the bias towards labor precept of Philippine labor law may apply, but not to the injury of the employer.

 

from your information, we can only assume that the bond is for him to remain with the company for two (2) years. since he terminated their employment agreement after only two (2) months, what would happen is this: 1) the employer would act against the bond, seeking reparation for damages incurred by them upon the termination of employment, 2) then the bonding company would recover their costs from your friend since your friend failed to comply with the promise she undertook when she agreed to the bond. this is only clear speculation since facts are scant as it is.

 

who provided the bond? is it a prerequisite that the bond employer provided be the bond the employee agrees to?is there a no bond no employment policy?

 

i hope this helps.

 

[centrino]

Sorry 'don't have time to read all posts as well. I just wanted to ask if there are any laws that would cover threats via text messages by an anonymous sender? I have a stalker that keeps bugging me and won't seem to stop. I have a pretty good idea who the person is (but nothing concrete to link these acts with her), but will the text messages suffice as evidences to at least file a blotter report against that person?

 

What if I can prove that the sender's number belongs to the suspected person, will that be material?

Edited September 27, 2005 by centrino

[oliverjohnholmes]

Sorry 'don't have time to read all posts as well.  I just wanted to ask if there are any laws that would cover threats via text messages by an anonymous sender?  I have a stalker that keeps bugging me and won't seem to stop.  I have a pretty good idea who the person is (but nothing concrete to link these acts with her), but will the text messages suffice as evidences to at least file a blotter report against that person?

 

What if I can prove that the sender's number belongs to the suspected person, will that be material?

<{POST_SNAPBACK}>

 

 

Republic Act 8792 (E-Commerce Law) accepts electronically generated messages as documents, giving them weight in evidence. Furthermore, Resolution (A.M. No. 01-7-01-SC) dated July 17, 2001 allows electronic messages as evidence.

 

a text message is essentially an electronic document. if the texter has a post paid account, then it would be easier to trace the possession and ownership of the messages. but one has to prove possession at the time the message was generated to effectively determine ownership of the documents. If it was a prepaid account, then it would be a bit harder not unless the same number was widely known as attributed to the person, like for example calling cards where the number is so indicated or testimonies of two or more disinterested persons which show ownership of the said SIM. Possession at the time of message generation is another thing altogether. And the defense for a prepaid SIM is, I disposed of the SIM since so and so date...

 

now as for the contents of the messages, if it constitutes grave threats, then you can file a complaint directly instead of going through a police blotter.

 

on a personal note, just be careful next time...

[bonito99]

It would be easy to trace subscription lines.

[jefoy]

 

First you have to examine what the bond entails. is it bond to cover for any damage that the company would incur in the exercise of duties? or is it a bond for items provided to the employee? or is it a bond on competitive employment? in order to properly advise you on the implications of the bond, you must determine what it is for in the first place.

 

there is no hard and fast rule on employment bonds, because they are essentially private agreements (surety bonds) by and between the employee,employer and the third party insurer. what is provided though is the option by one party to rescind the bond agreement if 1) the terms are clearly not the intent of the parties and 2) when it is unconscionable on one party. though contracts presume equality, i would think that since this forms part of the employment of an individual, then the bias towards labor precept of Philippine labor law may apply, but not to the injury of the employer.

 

from your information, we can only assume that the bond is for him to remain with the company for two (2) years. since he terminated their employment agreement after only two (2) months, what would happen is this: 1) the employer would act against the bond, seeking reparation for damages incurred by them upon the termination of employment, 2) then the bonding company would recover their costs from your friend since your friend failed to comply with the promise she undertook when she agreed to the bond. this is only clear speculation since facts are scant as it is.

 

who provided the bond? is it a prerequisite that the bond employer provided be the bond the employee agrees to?is there a no bond no employment policy?

 

i hope this helps.

 

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tnx for comprehending my QUESTION! about who provided the bond? the answer is the company itself prepared it. will my friend be liable for the bond? since he's not yet regular though he signed it?

[Macy]

Hi Wolfie.... thanks for the advise.

 

Thanks for the reply Linus... she won't be remarrying.... it was just that when she put up her canteen (she has been selling her food products from out of a bag prior to this), from resources she borrowed from her friends and family, her "husband" made sure that the papers were all under his name because "she is uneducated and won't be believed by the owners of the building as a qualified businessowner" . Had I known that when it happened, I would have been charged with physical assault at the very least. :grr: He made sure that receipts to the furniture and equipment bought for the canteen were all in his name too. Gosh, just thinking about this is making me sick.

[Guest Leviticus]

hELLO TO MY FELLOW MTC computer buffs.

 

How do you disable Windows Media player from playing media from the internet?

 

yun lang for today

[centrino]

 

Republic Act 8792 (E-Commerce Law) accepts electronically generated messages as documents, giving them weight in evidence. Furthermore, Resolution (A.M. No. 01-7-01-SC) dated July 17, 2001 allows electronic messages as evidence.

 

a text message is essentially an electronic document. if the texter has a post paid account, then it would be easier to trace the possession and ownership of the messages. but one has to prove possession at the time the message was generated to effectively determine ownership of the documents. If it was a prepaid account, then it would be a bit harder not unless the same number was widely known as attributed to the person, like for example calling cards where the number is so indicated or testimonies of two or more disinterested persons which show ownership of the said SIM. Possession at the time of message generation is another thing altogether. And the defense for a prepaid SIM is, I disposed of the SIM since so and so date...

 

now as for the contents of the messages, if it constitutes grave threats, then you can file a complaint directly instead of going through a police blotter.

 

on a personal note, just be careful next time...

<{POST_SNAPBACK}>

 

 

thanks for the reply. I will be more careful next time. This person seems motivated in what she's doing as she seems to know a lot about me. She even knows conversations that I made over my mobile phone!!! And yes, she is wise enough not to use a postpaid line

 

Thanks for the reply BONITO

[deus]

I stop my media player 10 by blocking it with firewall.

[centrino]

 

now as for the contents of the messages, if it constitutes grave threats, then you can file a complaint directly instead of going through a police blotter.

 

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Sir how can I file a complaint if I don't have any hard evidence against this person?

[oliverjohnholmes]

Sir how can I file a complaint if I don't have any hard evidence against this person?

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the text messages themselves are the evidence...chain of custody a tad hard to prove though...

 

remember the complaint filed by the gf of Rommel Adducul against Assunta de Rossi and her gang?...same situation, except for the post paid line...

 

[Kurtsky Keigee]

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[testosterone_blue]

i need some good feedbacks regarding geforce 6200 256mb by palit

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ok ba to sa gaming?

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am using Palit Daytona for my set up. serves me well, and is compatible with my Epox logic board.