legal Free Legal Advice

[Dr_PepPeR]

For our WISEMEN...

 

 

Sirs my brother's motorcycle was stolen at a paid parking last Nov.'07. It's a Suzuki Raider 150 that he paid for 3yrs and was only stolen in a matter of hours in a paid parking lot. As he states, he parked at around 1pm outside his school at Perps las pinas and went back to get the vehicle around 4pm and realize it as lost. The ticket remains w/ him. He reported the incident to the parking attendant w/c logged the whole story. Then went to police station for blotter. The next day I went assisted him to the scene and checked where he parked and where the attendants are, the ticketing booth (w/c was almost only 8-10 meters away from the stolen vehicle). Ask the attendants how his vehicle was stolen w/o surrendering the ticket. I asked for the person who I can talk w/ at Perps. I got the tel#s of Perps who I can talk w/ but all they say is that they don't have liablity to what happened. At the back of the ticket 1st states..."We are not liable for any lost of items, vehicles or damage to your vehicles", thats what they are telling us. But at the end of the ticket also states that...."Ticket must be surrendered upon exit of vehicle"! Days have past since the lost of our vehicle, nothing happened and little by little we're just accepting that it was lost.

 

 

My question Sirs..."Do we have a case against the parking owner/ attendants w/c we still can win? Even if days have past and we still have the ticket and formal blotter?

 

Also my concern is the money that will be spent for atty's fees. I know its not easy to sue...time and money is critical. We also don't know anybody w/c can help us w/ our legal problem that's why it also reached this day (PAO).

 

pls. help...need your advise.

 

 

eto yung mga problema na nangyayari sa atin ehmay mga limit of liabilities and mga parking lot operators for damages, stolen items or stolen vehicles.

i am not a lawyer, but imho, may case pa din yan against the parking owner or attendants dahil they are charging for the maintenance and upkeep of the area. and besides, may onting conflict dun sa terms na naka print sa ticket mo which is "the ticket must be surrendered upon exit of the vehicle". even though may sinurrender na parking ticket yung nagnakaw ng motorcycle, it is the responsibility of the attendant to make sure that the plate number written on the ticket is equal to the plate number of the motorcycle. i am sure this will be a long case, wherein if you have other options like insurance of the motorcycle, i think it is better to go to that option.

 

sa PAO naman, may financial considerations ata before they can consider you. i think you have to receive a certain salary a month (i really don't know how much), before they can consider it.

 

a suggestion though, why not approach the Integrated Bar of the Philippines kung talagang maghahabol kayo dun sa parking lot owners/attendants? Or baka may mga kind hearted lawyers dito who can charge you at a lower cost.

 

Clauses appearing on contracts of adhesion limiting liability of the operator, like those in the parking ticket will not protect the parking operator if there was negligence on their part, which appears to be the case here, considering that it was taken out without the parking stub. I have seen drivers who have lost their tickets showing their registration and driver's license to the guards to prove that they are really the authorized drivers of those vehicles, and which details are taken down in a logbook by the guards. But of course you may have to file a court case, and you already know that this takes time and money and patience.

[mlpf]

sa PAO naman, may financial considerations ata before they can consider you. i think you have to receive a certain salary a month (i really don't know how much), before they can consider it.

 

If I am not mistaken, the PAO will accept a civil case if it has merit and your monthly family income does not exceed Php 16,000.00.

[jettison_last]

I'm not sure if this should be posted here though, but just the same...

 

How/where do you report a business/office that has been setup locally but is operating without the necessary licenses, permits, registration, what-not? Also will that office be considered a "business" even though that office is not doing business per se, nor soliciting clients locally but is merely a back-office with the hq in the US?

 

thanks

[maxsurban77]

Legally, No.

 

As long as she gives a proper turnover, that's enough.

 

Here are some considerations: True that the labor code stipulates a 30 day notice, but your wife cannot be forced to work, notwithstanding as the latter will constitute involuntary servitude. Company will have a ground to sue for damages though if 30 days notice will not be complied. Of course, one could come up with so many defenses such as health, family situation, turn over has been made, etc. Company seldom pursue case against an employee who does not want to work for them

[Google]

I'm not sure if this should be posted here though, but just the same...

 

How/where do you report a business/office that has been setup locally but is operating without the necessary licenses, permits, registration, what-not? Also will that office be considered a "business" even though that office is not doing business per se, nor soliciting clients locally but is merely a back-office with the hq in the US?

 

thanks

 

 

hmmm. sa SEC.. tapos BIR for taxes.. even your local mayor's office for the presence of the necessary business permits.

[jojobata]

here's a question - is pornographic film production legal in the Philippines?

[Talahib]

eto yung mga problema na nangyayari sa atin ehmay mga limit of liabilities and mga parking lot operators for damages, stolen items or stolen vehicles.

i am not a lawyer, but imho, may case pa din yan against the parking owner or attendants dahil they are charging for the maintenance and upkeep of the area. and besides, may onting conflict dun sa terms na naka print sa ticket mo which is "the ticket must be surrendered upon exit of the vehicle". even though may sinurrender na parking ticket yung nagnakaw ng motorcycle, it is the responsibility of the attendant to make sure that the plate number written on the ticket is equal to the plate number of the motorcycle. i am sure this will be a long case, wherein if you have other options like insurance of the motorcycle, i think it is better to go to that option.

 

sa PAO naman, may financial considerations ata before they can consider you. i think you have to receive a certain salary a month (i really don't know how much), before they can consider it.

 

a suggestion though, why not approach the Integrated Bar of the Philippines kung talagang maghahabol kayo dun sa parking lot owners/attendants? Or baka may mga kind hearted lawyers dito who can charge you at a lower cost.

 

 

 

Thanks for the reply sir!

[bonito99]

Now that's a trick question.

 

[LordJaden]

Sirs, eto po situation and then question ko. I am currently working as bldg. administrator. The bldg that i am managing is now to be leased to another company. I have worked here for 8 years already and I can say that I am a valued employee. My boss wants to transfer me to his other company probably in the same capacity also and salary range although final talks will be done in a week or so. My question is don't they have the obligation to pay me my separation pay if I decide not to accept their offer? The situation in the company where I will be transferred is not so good as compared to my present job here and I fear that once transferred there, I might eventually decide to resign and thus lose my opportunity to get a separation pay. Although the company that I presently work for and the company where I will be transferred are both owned by one person, they are different entities, with different SEC registrations, etc.

 

Thanks po..

[aspirecaptured]

Hello guys, I had a problem regarding BIR. My family has a business and we pay right on time, the problem is BIR is telling us that we did not declare the exact amount in 2005.. 2008 na bakit ngaypn lang to? My mother was thinking na baka humihingi ng lagay.. Tsk.. Tsk.. Any solutions? Thanks!

[Talahib]

Clauses appearing on contracts of adhesion limiting liability of the operator, like those in the parking ticket will not protect the parking operator if there was negligence on their part, which appears to be the case here, considering that it was taken out without the parking stub. I have seen drivers who have lost their tickets showing their registration and driver's license to the guards to prove that they are really the authorized drivers of those vehicles, and which details are taken down in a logbook by the guards. But of course you may have to file a court case, and you already know that this takes time and money and patience.

 

 

 

Sir thanks for the advise....highly appreciated. I guess we just have to accept the fact that our bike was stolen.

 

 

rgrds,

talahib

[jojoendejr]

Sirs, eto po situation and then question ko. I am currently working as bldg. administrator. The bldg that i am managing is now to be leased to another company. I have worked here for 8 years already and I can say that I am a valued employee. My boss wants to transfer me to his other company probably in the same capacity also and salary range although final talks will be done in a week or so. My question is don't they have the obligation to pay me my separation pay if I decide not to accept their offer? The situation in the company where I will be transferred is not so good as compared to my present job here and I fear that once transferred there, I might eventually decide to resign and thus lose my opportunity to get a separation pay. Although the company that I presently work for and the company where I will be transferred are both owned by one person, they are different entities, with different SEC registrations, etc.

 

Thanks po..

 

You are right! If you rersign, you are no longer entitled to separation pay. So what's the best step to take? Do not resign. Once your present position is terminated by reason of the lease and eventuazl take-over of the new administration, you are automatically entitled to all your benefits. Bear in mind that once your present employment is terminated, your transfer is legally considered as a new employment. As you said your present work place and the prospective transferree are two distinct juridical entities separately registered at SEC. Even if you decide not to accept the offered new position, you are still entitled to your benefits (13th month, accrued leave benefits, etc.) as well as separation fee. Regards!

[jojoendejr]

Hello guys, I had a problem regarding BIR. My family has a business and we pay right on time, the problem is BIR is telling us that we did not declare the exact amount in 2005.. 2008 na bakit ngaypn lang to? My mother was thinking na baka humihingi ng lagay.. Tsk.. Tsk.. Any solutions? Thanks!

 

 

I will not keep from you the fact that I my line is in criminal law although I handle corporate cases every now and then coz of my retained clients. However, I will give you pointers about my actual experience which ended in a favorable (to me and my client's) interest:

 

1. First, This is the beginning of the first quarter of the year kaya't tax people are also beginning to review taxpayer's old accounts. That is most probably the reason kaya ngayon lang sila sumulat sa inyo.

 

2. Write a letter asking for a reconsideration addressed to the BIR Regional director (where the BIR letter came from). Tell them that your 2005 financial audit was prepared after taking into account all your documents and that when it was filed for that taxable year, the BIR examiner/assessor who handled your 2005 account did not call your attention to any discrepancy, if any and that consequently, it led to your honest belief that nothing is amiss (after all, it was approved at that time by BIR, right?). Ask for a reconsideration if the amount being charged may be waived. If not, at least ask for a probable discount with waiver of whatever penalty is being charged. Deliver the letter personally to the BIR.

 

3.Follow-it up personally after having it received. Most possibly, you will be referred to a BIR examiner who will handle your account and possible favorable action.

 

4. In the similar cases I handled like this, this strategy never failed so I hope, it will also benefit you. Regards!

[MNdMud4s3x]

question po. if the summons from the prosecutor were not received by the respondent as the respondent is erroneously identified, thereafter, the crim case was resolved by the prosecutor on the basis of the complaint, does the respondent have any recourse now that the case is pending in court? what is the time frame for the filing of the case in court if the case is slight physical injuries (two counts)

[mlpf]

question po. if the summons from the prosecutor were not received by the respondent as the respondent is erroneously identified, thereafter, the crim case was resolved by the prosecutor on the basis of the complaint, does the respondent have any recourse now that the case is pending in court? what is the time frame for the filing of the case in court if the case is slight physical injuries (two counts)

 

File a motion for reinvestigation in court within ten days from the time you learned of the filing of the case against you. However, the judge has the discretion whether or not to grant your motion. A case of slight physical injuries is considered a light offense. Some judges would rather continue with the court case instead of ordering a reinvestigation. More often than not, the accused will just file his counter-affidavit and those of his witnesses and proceed with the court case.

[LordJaden]

Thanks a lot bro jojoendejr., nakakalakas ng loob yung reply mo. Tomorrow morning na negotiation namin hopefully maging okay ang result but I seriously doubt it. Mukhang aim talaga nila wag magbayad kaya ittransfer ako. What can I do kaya in case hindi kame magkasundo? File a case? Kasi mga tao ko ganun din ang case nila kaya parepareho na kami. Any idea on how much i would spend sa lawyer, etc? All advises will be greatly appreciated. Thanks sa lahat...

[jojoendejr]

Thanks a lot bro jojoendejr., nakakalakas ng loob yung reply mo. Tomorrow morning na negotiation namin hopefully maging okay ang result but I seriously doubt it. Mukhang aim talaga nila wag magbayad kaya ittransfer ako. What can I do kaya in case hindi kame magkasundo? File a case? Kasi mga tao ko ganun din ang case nila kaya parepareho na kami. Any idea on how much i would spend sa lawyer, etc? All advises will be greatly appreciated. Thanks sa lahat...

 

 

That's a labor case. What you should do in case na hindi sila magbayad ng inyong benefits is to go to DOLE sa Banawe, Quezon City. That's near McDo. Go to the legal dept and tell them that you are filing a labor case. They will give you a form na you should fill up. Once na fill-up mo na ang form, you will have it notarized. Mura lang iyon and there are many notary public in the area. After that, you will file it. May filing fee ito but very minimal. You will then wait for the notice from the Labor Arbiter who will handle your case. You may or may not engage the services of counsel. But preferably, kumuha ka na. I suggest you go to the nearest Public Attorneys' Office (PAO) to assist you. Do you know Land registration Authority (LRA) at East Avenue, Quezon City? The PAO office is near there. That's a govt office kaya you don't need to pay them. Bigyan mo na lang ng konting pang-meryenda. Regards!

[jojoendejr]

question po. if the summons from the prosecutor were not received by the respondent as the respondent is erroneously identified, thereafter, the crim case was resolved by the prosecutor on the basis of the complaint, does the respondent have any recourse now that the case is pending in court? what is the time frame for the filing of the case in court if the case is slight physical injuries (two counts)

 

 

A Slight Physical Injury case is covered by the Rules on Summary Procedure which should be filed before the Court within 60 days from the time it occurred. Of course, hindi counted sa running ng 60-day period ang time na na-pending ito sa Barangay Lupon and the time na na-pending ito sa Prosecutors' Office. At any rate, a Respondent cannot question if he was not notified by the Prosecutors' Office coz this kind of case may be filed directly. Also, in cases covered by the Rules on Summary Procedure, a Respondent is not entitled to a Preliminary Investigation at the Prosecutors' Office.

 

If you were not properly identified, then I will suggest that you proceed to trial and use this as a defense. An Accused who is not properly identified is entitled to an acquittal on the ground of failure to prove guilt beyond reasonable doubt (Obviously, if the complainant or his witnesses cannot identify you properly, there is doubt. Right?)

[Dr_PepPeR]

What are the Big Five Law Firms in the Philippines?

 

My guess in no particular order:

 

1. Sycip Salazar

2. Romulo Mabanta

3. Carpio Villaraza

4. ACCRA

5. Castillo Laman

[jojoendejr]

My guess in no particular order:

 

1. Sycip Salazar

2. Romulo Mabanta

3. Carpio Villaraza

4. ACCRA

5. Castillo Laman

 

 

With due respect, kaya lang I don't think we can just arrange them like that. Are we talking about big law firms when it comes to general practice or as experts in one particular area? Kasi if we talk about criminal law, in my opinion, Justice Pamaran's law firm should be included in the top five. In human rights cases, same thing sa law firm ni Ex-Sen. Rene Saguisag (although in his present condition, there might be some question if he will be back to his old fighting self). Peace!

[LordJaden]

Thanks a lot Sir jojoendejr., I already had a meeting with the representative of my boss this morning and as I had suspected, they are really out to take advantage of us. They offered me a position at the other company that my boss owns, a little upgrade in the salary, car plan, etc., but I will have to start as probationary (they then can kick me out anytime). Furthermore, I will have to resign first from my present company. Kapal ng mukha nila grabe. Do they think I'm that stupid? I just listened to their proposal but neither accepted nor outright turned down their offer. I wanted to delay the negotiations until the time na malapit na magtake over ang new company so they'll be forced to take more drastic actions. And also so that they will have limited time to think of ways to get me out of the company without paying the separation. Ganun sila sa paningin ko now eh. I think they will try to find other ways to remove me without paying, hahanap sila butas, but I wont let them. What should I do kaya if ever, just continue going to work even when the new owners take over? Am I right to stay working with my present company until I receive their notice of termination, even if they will order me to report to the new company?

 

Mukha talaga kaso na ito, coz I really cant accept the way they are treating us after I have served them loyally for eight years, and two of my staff for 10 yrs. Family na daw turing nila sken hehe, gulangan ba ko hehe..

 

Sir jojoendejr. I owe you sir, hope to meet you one of this days. IT IS BECAUSE OF PEOPLE LIKE YOU WHY I LOVE MTC!

[rafer_alston]

question lang po..

 

may business po kami na water refilling station at di naman po malaki kinikita ko buwan buwan..ang question ko po is..

 

if di po ako nakakabayad ng BIR ko (although meron akong BIR permit 2003 pa nga lang) and 2005 pa last payment ko sa Mayor's permit..

 

what will happen if suddenly nasita ako ng BIR at Mayor's office?? puro penalties ba yung babayaran ko or they will file a case against me for not paying the proper taxes??

 

thanks sa sasagot!!

 

[jojoendejr]

Thanks a lot Sir jojoendejr., I already had a meeting with the representative of my boss this morning and as I had suspected, they are really out to take advantage of us. They offered me a position at the other company that my boss owns, a little upgrade in the salary, car plan, etc., but I will have to start as probationary (they then can kick me out anytime). Furthermore, I will have to resign first from my present company. Kapal ng mukha nila grabe. Do they think I'm that stupid? I just listened to their proposal but neither accepted nor outright turned down their offer. I wanted to delay the negotiations until the time na malapit na magtake over ang new company so they'll be forced to take more drastic actions. And also so that they will have limited time to think of ways to get me out of the company without paying the separation. Ganun sila sa paningin ko now eh. I think they will try to find other ways to remove me without paying, hahanap sila butas, but I wont let them. What should I do kaya if ever, just continue going to work even when the new owners take over? Am I right to stay working with my present company until I receive their notice of termination, even if they will order me to report to the new company?

 

Mukha talaga kaso na ito, coz I really cant accept the way they are treating us after I have served them loyally for eight years, and two of my staff for 10 yrs. Family na daw turing nila sken hehe, gulangan ba ko hehe..

 

Sir jojoendejr. I owe you sir, hope to meet you one of this days. IT IS BECAUSE OF PEOPLE LIKE YOU WHY I LOVE MTC!

 

 

 

Ganun? Ang tindi nila 'no? Hehe. Just stay reporting for work until they formally notify you na cease operations na sila or the new administration takes over, whichev er comes first. Then demand for your benefits. If they ignore you, go to DOLE. Godbless!

[jojoendejr]

question lang po..

 

may business po kami na water refilling station at di naman po malaki kinikita ko buwan buwan..ang question ko po is..

 

if di po ako nakakabayad ng BIR ko (although meron akong BIR permit 2003 pa nga lang) and 2005 pa last payment ko sa Mayor's permit..

 

what will happen if suddenly nasita ako ng BIR at Mayor's office?? puro penalties ba yung babayaran ko or they will file a case against me for not paying the proper taxes??

 

thanks sa sasagot!!

 

 

 

In case of the Business Permits and Licenses Dept of the Mayor's Office, they will first issue to you a notice with warning. If you ignore it, then padadalhan ka ng second (last) notice and warning. If you still ignore, isasarado ang business mo at malaki ang penalty mo. Take note that tyhe Mayors' Office have the authority to issue a closure order sa erring establichments.

 

In the case of the BIR, halos ganun din. Pag may nakapag-tip sa kanila, iinspeksiyunin nila kung tutuo. Then padadalhan ka ng notice and warning. Pag binale-wala mo, padadalhan ka ng first assessment notice. But in the case of BIR, tax offenses are conbsidered criminal in nature. Which means, may kulong.

[MNdMud4s3x]

A Slight Physical Injury case is covered by the Rules on Summary Procedure which should be filed before the Court within 60 days from the time it occurred. Of course, hindi counted sa running ng 60-day period ang time na na-pending ito sa Barangay Lupon and the time na na-pending ito sa Prosecutors' Office. At any rate, a Respondent cannot question if he was not notified by the Prosecutors' Office coz this kind of case may be filed directly. Also, in cases covered by the Rules on Summary Procedure, a Respondent is not entitled to a Preliminary Investigation at the Prosecutors' Office.

 

If you were not properly identified, then I will suggest that you proceed to trial and use this as a defense. An Accused who is not properly identified is entitled to an acquittal on the ground of failure to prove guilt beyond reasonable doubt (Obviously, if the complainant or his witnesses cannot identify you properly, there is doubt. Right?)

 

oks. thanks. is the resolution of the prosecutor considered by the court as a replacement of the information? the summons sent by the MTC merely notifies the respondent that there is a hearing of the case filed against him on a certain date. no attachements. nevertheless, the respondent was sent a copy of the resolution by the prosecutor. in summary procedure, wala na bang information? sufficient na ang resolution for the court to have jurisdiction? assuming na same lang sila, is it proper for the court to send summons without the accompanying resolution? di ba dapat i furnish rin so that the respondent could be appraised of the nature and cause against him?

Edited January 18, 2008 by MNdMud4s3x