legal Free Legal Advice

[ghetto_gospel]

The law gives an employer the right to terminate the services of its employees to obviate or to minimize business losses. This right, however, may not be exercised arbitrarily or whimsically. Article 283 of the Labor Code lays down the conditions for the exercise of right, thus:

 

"Art. 283. Closure of establishment and reduction of personnel. � The employer may also terminate the employment of any employee due to the installation of labor saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor saving devices or redundancy, the worker affected thereby shall be entitled to separation pay equivalent to at least his one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year."

 

The requisites for valid retrenchment under the foregoing provision are:

 

(1) necessity of the retrenchment to prevent losses and proof of such losses;

 

(2) written notice to the employees and to the Department of Labor and Employment at least one month prior to the intended date of retrenchment; and

 

(3) payment of separation pay equivalent to one month pay or at least 1/2 month pay for every year of service, whichever is higher.

 

 

Hence, written notice to the affected employee as well as separation pay are a must. If your company does not follow the above requirements, the affected employee can file a case for Illegal Dismissal with the National Labor Relations Commission. One more thing, forcing an employee to resign is a way to circumvent the requirements of retrenchment. Resignation is not advisable for you will be deemed to have waived your separation pay.

 

thanks for the heads up....this will be very helpful.

 

does this apply to all kinds of companies, be it private or what not??

[mlpf]

thanks for the heads up....this will be very helpful.

 

does this apply to all kinds of companies, be it private or what not??

 

The Labor Code applies to all kinds of private companies doing business in the Philippines. It does not apply to employees of government corporations. One last thing, if an employee is forced to resign, he can also file a complaint for Illegal Dismissal under "constructive dismissal". A resignation should be voluntary. It must not be dictated or required by the company.

[ghetto_gospel]

The Labor Code applies to all kinds of private companies doing business in the Philippines. It does not apply to employees of government corporations. One last thing, if an employee is forced to resign, he can also file a complaint for Illegal Dismissal under "constructive dismissal". A resignation should be voluntary. It must not be dictated or required by the company.

 

i understand....thank you so much for shedding light!!! i really appreciate it!

 

more power!!!

[pogingpogi2x]

may question ako, may na litigate o na sheriff na ba sa Credit Card problem?

[Google]

may question ako, may na litigate o na sheriff na ba sa Credit Card problem?

 

imho, may mga alam ako na naganyan na, pero to tell you frankly, matagal na proseso yan.

[pogingpogi2x]

imho, may mga alam ako na naganyan na, pero to tell you frankly, matagal na proseso yan.

 

ano ano po ba ang grounds nila? example may work ka pero di mo afford makabayad?

[Google]

ano ano po ba ang grounds nila? example may work ka pero di mo afford makabayad?

 

before they will do that, they will first contact you and ask you if would want a restructuring or a repayment scheme. so that means, if may work ka, they will usually negotiate on what you can afford to pay based on your take home pay.

 

i would recommend you to do that. contact your card provider and talk with them muna.

[pogingpogi2x]

before they will do that, they will first contact you and ask you if would want a restructuring or a repayment scheme. so that means, if may work ka, they will usually negotiate on what you can afford to pay based on your take home pay.

 

i would recommend you to do that. contact your card provider and talk with them muna.

 

thanks bossing. And another may rights ba sila na puntahan ka sa office mo at kausapin ang management? or puntahan ka sa house?

[BSmithREINVENTED]

hi

 

i have some simple questions (but a long story is behind these questions, though)

the questions:

 

1. Can I sue my estranged husband for hacking my emails?

 

2. isn't that offense (if indeed it is) a form of invasion of privacy?

 

3. can he use the information he has illegally obtained from hacking my emails against me?

 

thanks in advance for your time and bother, which would be very much appreciated here

[rocco69]

Since you and your husband are estranged from each other, you could probably classify his acts as intimidation, stalking, and harassment, punishable under the "Violence Against Women and Children Act" (Republic ct No. 9262). Ang problema mo, how do you prove na siya ang naghack ng emails mo (this is going to be very difficult).

 

As to using the info he has obtained against you, mahirap din naman niyang magamit yan. First he has to prove na sa yo yung email addy, tapos he has to prove na tunay yung emails. mahirap mag-authenticate ng emails. Tapos, may constitutional issues pa ng violation of privacy and correspondence.

 

 

 

hi

 

i have some simple questions (but a long story is behind these questions, though)

the questions:

 

1. Can I sue my estranged husband for hacking my emails?

 

2. isn't that offense (if indeed it is) a form of invasion of privacy?

 

3. can he use the information he has illegally obtained from hacking my emails against me?

 

thanks in advance for your time and bother, which would be very much appreciated here

[rocco69]

I forgot to mention, under the Zulueta v. CA case (253 SCRA 699) the Supreme Court has already ruled that documents and papers obtained by one spouse without the consent of the other is inadmissible in court. It said:

 

"The intimacies between husband and wife do not justify any one of them in breaking the drawers and cabinets of the other and in ransacking them for any telltale evidence of marital infidelity. A person, by contracting marriage, does not shed his/her integrity or his right to privacy as an individual and the constitutional protection is ever available to him or to her.

 

The law insures absolute freedom of communication between the spouses by making it privileged. Neither husband nor wife may testify for or against the other without the consent of the affected spouse while the marriage subsists. Neither may be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage, save for specified exceptions. But one thing is freedom of communication; quite another is a compulsion for each one to share what one knows with the other."

 

Kaya, di talaga niya magagamit ang emails na yun.

 

Since you and your husband are estranged from each other, you could probably classify his acts as intimidation, stalking, and harassment, punishable under the "Violence Against Women and Children Act" (Republic ct No. 9262). Ang problema mo, how do you prove na siya ang naghack ng emails mo (this is going to be very difficult).

 

As to using the info he has obtained against you, mahirap din naman niyang magamit yan. First he has to prove na sa yo yung email addy, tapos he has to prove na tunay yung emails. mahirap mag-authenticate ng emails. Tapos, may constitutional issues pa ng violation of privacy and correspondence.

[Pinoymale]

thanks bossing. And another may rights ba sila na puntahan ka sa office mo at kausapin ang management? or puntahan ka sa house?

 

They have no right to talk to your superiors since they have nothing to do with your credit situation. That's already harrassment. They, however, may visit your house to discuss the situation and possibly work out a solution.

 

About your original question, companies will only litigate a credit problem as a last resort since they know it will be costly in terms of manpower, time, and other resources. Companies also take into consideration the amount involved and the chances that they can collect if they win the case. Companies usually write off relatively small amounts rather than tie themselves up in legal cases.

[Pinoymale]

another follow up

 

are sheriffs authorized to take the vehicle's registration papers, even if they already have the vehicle in custody...

i'am just wondering why would the sheriff ask me to meet up with him outside of court to ask for the vehicle's registration that they already have in custody... he was asking for the original registration but i only gave him a copy of it..

 

I think they are allowed to ask for the papers since there's a chance that your car will be auctioned off to buyers, hence, the need for the papers. At any rate, at least he only took the copy, not the original.

[BSmithREINVENTED]

rocco69, please accept my appreciation for spending time to reply to my questions.

the information you have shared are well taken. thank you.

but i could only heave a heavy sigh out of exasperation with the way things have turned with my failed marriage.

being alone working stiff in a foreign land because my (ex)husband is incapable of supporting the family, and he wouldn't stop pestering me with his immaturity... i don't know what now...

 

but thanks very much ha

 

 

 

 

I forgot to mention, under the Zulueta v. CA case (253 SCRA 699) the Supreme Court has already ruled that documents and papers obtained by one spouse without the consent of the other is inadmissible in court. It said:

 

"The intimacies between husband and wife do not justify any one of them in breaking the drawers and cabinets of the other and in ransacking them for any telltale evidence of marital infidelity. A person, by contracting marriage, does not shed his/her integrity or his right to privacy as an individual and the constitutional protection is ever available to him or to her.

 

The law insures absolute freedom of communication between the spouses by making it privileged. Neither husband nor wife may testify for or against the other without the consent of the affected spouse while the marriage subsists. Neither may be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage, save for specified exceptions. But one thing is freedom of communication; quite another is a compulsion for each one to share what one knows with the other."

 

Kaya, di talaga niya magagamit ang emails na yun.

[BSmithREINVENTED]

corollary to my predicament about my failed marriage, is it an option for me to file for annulment of marriage even when i am not in the philippines?

 

i've been hearing about non-appearance/non-presence or something of that sort, and still the annulment pushes through in as little as 6 months. is this reality?

 

if this is presently being practised, i wonder if you could give me an idea about the cost range and what are the steps which i should take if i should decide to choose this option.

 

 

such a pain, this failed marriage takes so much out of one.

 

please help me find a solution. i really would like to be happy again.

[criscross]

good day po, d na po ako naka pag backread. i just want to ask 'bout my friend's prob. iniwanan sya ng asawa and sumama sa girk na ka office mate nya.. ngayon po d sya sinusuportahan financially. gusto nya malaman kung papano sya makaka pag reklamo sa office ng ex hubby nya. and what would be her first move tnx in advance

[mlpf]

good day po, d na po ako naka pag backread. i just want to ask 'bout my friend's prob. iniwanan sya ng asawa and sumama sa girk na ka office mate nya.. ngayon po d sya sinusuportahan financially. gusto nya malaman kung papano sya makaka pag reklamo sa office ng ex hubby nya. and what would be her first move tnx in advance

 

If the guy works for a government office, your friend can file an administrative case in addition to a criminal case for Violation of Republic Act No. 9262 (Violence against Women and Children Act or VAWC) and/or a civil case for support. If the guy works in a private company, your friend can also try to talk to his boss and see if he can do anything under company rules and regulations. There might be an administrative offense under company rules. However, your friend will have to file either a criminal case for RA 9262 and/or a civil case for support. It will be worse for the guy if he has minor children and has abandoned them for his office mate. The guy can also be held liable for child abuse (Republic Act No. 7610).

[Flash_Brown]

Legal experts,

 

any idea kung magkano ma spend ko on "legal adoption"??

 

magkano ba usually charge ng mga attorneys sa ganitong case?? total na??

 

thanks sa mga sasagot!!

[dylandark]

Good day po.! admissible po ba as evidence kung sakaling may nakitang samurai and mga bullets sa loob ng isang bahay. considered bang illegal weapons yun? for example may search warrant yung police tpos pumasok sila sa bahay then nakakita sila ng samurai or rambo knives or assorted blades tapos may mga bullets din ng baril pero walang baril.. manghuhuli ba sila? and confiscate ba yung mga makikita nila? yung mga knives and blades eh collection yun galing ibang bansa. kailangan pa ba ng permit dun? dapat din po ba na nakalagay sa warrant kung ano yung isesearch nila? and pano malalaman kung authentic yung warrant..? Thanks po!

[rocco69]

1. admissible po ba as evidence kung sakaling may nakitang samurai and mga bullets sa loob ng isang bahay?

kung may search warrant, pwede; o kung ito ay kasunod ng "hot pursuit" ng isang kriminal; o kung ito ay kitang-kita kahit sa labas.

 

2. considered bang illegal weapons yun? di bawal magkaroon ng samurai (i think the proper term is "katana") kung ito ay nasa bahay lang. Kapag inilabas sa bahay, pwede itong maging illegal kapag ang ang balak ay sa masama. ang bala ay legal kung may permit, kung walang permit, ito ay illegal possession of ammunition, sa loob o labas man ng bahay (see Republic Act No. 8294)

 

3. may search warrant yung police tapos pumasok sila sa bahay then nakakita sila ng samurai or rambo knives or assorted blades tapos may mga bullets din ng baril pero walang baril.. manghuhuli ba sila?

kung sa mga samurai at rambo knives, di naman bawal yun kaya di sila pwedeng manghuli., yung bala kung walang permit, pwede silang manghuli. Pero, ang tanong ay "para saan ang search warrant?" Kung ito ay para sa drugs, tapos bala ang nakita, di sila dapat manghuli, kasi iba ang item na nakita kesa sa nakalagay sa warrant. In other words, dapat nakasaad sa search warrant na para sa bala ito

 

4. confiscate ba yung mga makikita nila? yung bala, kung walang permit, pwedeng iconfiscate. yung mga knives and blades,, di dapat maconfiscate kasi di naman yun illegal. no need for a permit for the knives and blades

 

5. dapat din po ba na nakalagay sa warrant kung ano yung isesearch nila? dapat. hindi valid ang search warrant kung hindi naka-describe dun kung ano ang kanilang hinahanap.

 

6. pano malalaman kung authentic yung warrant..? ang warrant ay issued ng korte. as a general rule, ang korte na nag-iissue ay ang korte sa lugar kung saan naganap ang sinasabing krimen. (in exceptional cases, ito ay pwedeng iissue ng korte sa region kung saan naganap ang sinasabing krimen). good lang ang search warrant for 10 days from issue, after 10 days, paso na ito.

 

Good day po.! admissible po ba as evidence kung sakaling may nakitang samurai and mga bullets sa loob ng isang bahay. considered bang illegal weapons yun? for example may search warrant yung police tpos pumasok sila sa bahay then nakakita sila ng samurai or rambo knives or assorted blades tapos may mga bullets din ng baril pero walang baril.. manghuhuli ba sila? and confiscate ba yung mga makikita nila? yung mga knives and blades eh collection yun galing ibang bansa. kailangan pa ba ng permit dun? dapat din po ba na nakalagay sa warrant kung ano yung isesearch nila? and pano malalaman kung authentic yung warrant..? Thanks po!

[mlpf]

Good day po.! admissible po ba as evidence kung sakaling may nakitang samurai and mga bullets sa loob ng isang bahay. considered bang illegal weapons yun? for example may search warrant yung police tpos pumasok sila sa bahay then nakakita sila ng samurai or rambo knives or assorted blades tapos may mga bullets din ng baril pero walang baril.. manghuhuli ba sila? and confiscate ba yung mga makikita nila? yung mga knives and blades eh collection yun galing ibang bansa. kailangan pa ba ng permit dun? dapat din po ba na nakalagay sa warrant kung ano yung isesearch nila? and pano malalaman kung authentic yung warrant..? Thanks po!

 

If the police execute a search warrant, the object of the search is specified. The occupants of the house have to accompany the police during the search. However, if during the course of their search, they chance upon or stumble across contraband or illegal items "in plain view", they can confiscate it and file the appropriate charges.

 

Possessing ammunition (even without a gun) without a license is a crime. It is covered under the law on "Illegal Possession of Firearms and Ammunition" (PD 1866 as amended by RA 8294). However, I have doubts regarding the confiscation of the samurai sword and the blades. Possession in public of deadly weapons such as knives and swords is not punishable under the Revised Penal Code. However, it is usually punishable under City Ordinances. For example, in Quezon City, possessing a deadly weapon in a public place which is not used for any livelihood is a crime. In the case you mentioned, it was just part of a private display at home. Hence, I think the police were not justified in confiscating the bladed weapons.

 

I suggest that the person involved hires a lawyer to verify the authenticity of the warrant. Find out which court issued the warrant and get a certified true copy from the court itself. Have the lawyer file a "Motion to Quash" the warrant especially with respect to the knives and the sword.

Edited April 8, 2008 by mlpf

[rocco69]

di natin masabi kasi ang singilan ay depende sa abugado. may abugadong mataas ang singil, meron ding mura. pag sikat na law firm o pag me pangalan, mas mahal.

 

Shop around. Note that while it is easy to choose a lawyer who is friendly and supportive, without conducting research into his or her background and experience, hindi po ito tama, and may lead to much dissatisfaction later.

 

Ask friends, teachers, employer, co-workers, relatives, neighbors or anyone you trust which lawyer(s) they have used and if they did a good job.

 

Discuss with the lawyer how much experience he/she has in dealing with cases similar to yours.

 

Make sure the lawyer fully identifies and explains the situation you currently face. The lawyer should give you some idea of the amount of money required in legal fees as well as expenses for the action that he/she is going to take for you.

 

Again, ask the lawyer how long it has taken him/her to bring cases similar to yours to a conclusion in the past. Ask if your case involves issues more complex than his/her previous cases and whether or not that will affect the expected time to bring this case to a conclusion.

 

Ask him/her to explain the law as it relates to your case and the effect which existing laws may have on your case. It is extremely important that both the client and lawyer fully understand each other with regard to the results expected.

 

Legal experts,

 

any idea kung magkano ma spend ko on "legal adoption"??

 

magkano ba usually charge ng mga attorneys sa ganitong case?? total na??

 

thanks sa mga sasagot!!

[dylandark]

Thanks po! you sure helped me a lot!

[dSouperMan]

For the Legal Pros,

 

What options can I take regarding a friend who owes me a certain amount of money, like 6 digits. I trusted him since we were friends way back 1st yr college. Anyway, he gave me 2 post dated cheques as sort of assurance, but sadly, both went *poof* without him giving me any infos about it! And all I can get from him till now are empty promises. This has been over a year already.

 

What should I do? HELP! Getting tired of this.

 

Thanks!

[mlpf]

First, deposit the checks and see if they will bounce. If they do bounce and the checks are returned to you by the bank, write your friend a written notice of dishonor (demand letter). Place in the letter that the checks he issued bounced (specify the check nos, dates, and amounts) and that you are giving him 5 banking days to make good on the check. Try to have him personally receive the letter and have him acknowledge receipt in your file copy. As an alternative, send the letter to him by registered mail with return card. However, personal service is preferable. If he fails to make good on the checks, you can then file a complaint against him for two (2) counts of Violation of Batas Pambansa Blg. 22 (the Bouncing Checks Law). File it in the Prosecution Office in the city or province where he gave you the checks. Have a lawyer draft your complaint-affidavit and your notice of dishonor.