legal Free Legal Advice

[b_9904]

Generally, it cannot be forfeited since it was already earned unless there is a contrary provision in the employment contract and it also depends on the reason for leaving the company.

 

Is there a difference between bonuses and incentives?

 

can employment contracts, specially, provision relating to incentives being forfieted be validly challeneged in court?

[b_9904]

any legal expert pls help me!

 

my wife passed away last feb 2008. meron sya mga credit cards, at personal loans sa bank (covered by her personal checks). am i bound to pay all her obligations sa credit card companies at sa bank where she got the personal loan?

 

ur advice would be greatly appreciated

 

Art. 1311 ng civil code pwede i-apply dito.

 

Tama yung sagot ng naunang nag post saakins a taas.

 

To restate in laymans term: You could not be liable BEYOND sa laki ng mamanahin mo galing sa misis mo.

[muffin]

Hi! i would really like to seek some help regarding my predicament in my work.

 

I'm a manager in one of the top local banks here in the philippines.

We have a deceased account that is really troubling us. I'm looking for a lawyer that can assist us or our client in taking care of the deceased account. Service fee will be paid accordingly and our client is willing to pay gladly.

 

Situation....

--Account holder has two accounts 1) time deposit 2) checking account

--Account is personal, not joint

--Our bank requires certain documents before we release the proceeds. you can contact me for the details/complete list

--There are two legal heirs 1) Husband 2) Son

--Husband is missing and when our client died they were not in good terms for years and were already living in far away places (our account holder died around 70++ yrs)

--Son has been diagnosed as incapacitated due to to previous diagnosis of a mental disorder (not sure of the term but similar to schizophrenia--pardon my spelling)

--The sister of the account holder (the one who was taking care of our account holder and the son) wants to be the custodian of the money for the son's benefit since the father cannot be located anymore. (the sister is also a preferred client of my branch). Problem with the sister is that we officers of our branch sense that there is vested interest since our she was shouldering the dialysis of our account holder before death and may want to claim the money for her own use. And also we noticed that she is starting to have memory loss....

 

Need...

--We need to have everthing documented as required by the bank. Examples of documents involved are Extrajudicial settlements, Indemnity Bonds/agreements, Heir's Bonds, etc...

--This is a special case in our point of view but I hope legal experts here can aid our client and the bank....

 

thanks! pls contact me faster here at xxxxxxxxxx or (xxxxxxx/xx office hours)

 

MOD NOTE : NO POSTING OF CONTACT #'S. PLEASE USE YOUR PM FUNCTION. THANK YOU.

 

Hi guys! Please help me po... our client would pay fair and just for the services rendered

[b_9904]

^why dont you try asking lawyers in real life.

[Nikolai]

comrades,

 

meron akong isasangguni though commonsense tells me na talagang i've all the rights pero gusto ko sana basahin ng article or something yung may ari ng inuupahan ko bahay..

 

meron akong inupahan na haus may garage siya then sa garage ko na na yun mata-tapyasan siya kasi magtatayo siya ng internet shop...gusto ko nga sapakin eh kasi inupahan ko yung property na yun and sa tingin ko wala siyang karapatan na gawin yun...

 

although sabi nya eh plano palang eh hindi ko gusto yung plano nya...I need a word or phrase mga gurus to stop this f#&king owner of the house that i'm renting..

 

ang sabi ko nga sa kanya dapat before pa lang nung may nagi-inquire sinabi na nya yung plano nya..

[Pinoymale]

comrades,

 

meron akong isasangguni though commonsense tells me na talagang i've all the rights pero gusto ko sana basahin ng article or something yung may ari ng inuupahan ko bahay..

 

meron akong inupahan na haus may garage siya then sa garage ko na na yun mata-tapyasan siya kasi magtatayo siya ng internet shop...gusto ko nga sapakin eh kasi inupahan ko yung property na yun and sa tingin ko wala siyang karapatan na gawin yun...

 

although sabi nya eh plano palang eh hindi ko gusto yung plano nya...I need a word or phrase mga gurus to stop this f#&king owner of the house that i'm renting..

 

ang sabi ko nga sa kanya dapat before pa lang nung may nagi-inquire sinabi na nya yung plano nya..

 

If you have a written contract, check if there is a provision that allows the lessor to make use of a portion of the rented property for his own use although a provision that allows this is very rare. If there is no provision, you have a right to complain.

 

Hinay-hinay lng sa galit, pre. Ikaw na nga ang napeperwisyo, huwag mo bigyan ng dahilan para ikaw pa ang kasuhan.

 

Btw, are you and the lessor both living in the house?

[pogingpogi2x]

Your friend's liability is purely civil in character. Hindi pwede criminal case for Estafa. I assume your friend's debt to you is small (below Php 100,000.00?). I suggest you file a case against him for collection of sum of money before the Barangay only. Before the Barangay, execute a written compromise agreement. Make a written schedule for payment in the agreement. If he fails to pay, you can later run to court for enforcement of the barangay compromise agreement. The proceedings for enforcement are very fast.

 

Thanks bro, nung una below 100K sya. pero 4% interest kasi ang usapan at mag 1yr. na sya di nag bigay. aabot na sya ng 100k as of now. Nangutang na nga ako before para makabayang ng ilang months. Another problem e nag work na daw sya abroad at wala pa din malinaw na usapan kung pano. Kung mag file ako sa barangay anong documents ang dpat kong ihanda? at pano kung aabot na ng 100k?

[Fitzroy]

sup guys?

 

i wanna ask about a friend's problem:

 

He is being accused of rape by his niece (now 30 years old) and said it happened more or less 15 years ago, but still stayed with him until just last month. So my friend practically shouldered all that his niece needed to live. She was not maltreated in anyway by his family but was treated as one of them. Considering this accusation is true, what are the odds of my friend getting put behind bars? The woman has had already been with a boyfriend, probably also engaging in sexual activities. I need you professional opinion please help me out here. Thanks a lot guys

[Google]

sup guys?

 

i wanna ask about a friend's problem:

 

He is being accused of rape by his niece (now 30 years old) and said it happened more or less 15 years ago, but still stayed with him until just last month. So my friend practically shouldered all that his niece needed to live. She was not maltreated in anyway by his family but was treated as one of them. Considering this accusation is true, what are the odds of my friend getting put behind bars? The woman has had already been with a boyfriend, probably also engaging in sexual activities. I need you professional opinion please help me out here. Thanks a lot guys

 

im not a lawyer bro, but in my opinion, its one of the hardest cases to defend to. for one, its the woman's word against a guys word. and in reality, judges tend to favor the woman because of the consideration that is, a woman will not gamble her identity or her reputation that she was raped, unless true.

 

but it would all depend on the defense, in which, the instance of rape happened 15 years ago and she still stayed with him until last month.

 

let's wait for the lawyers opinion on this.

[Google]

comrades,

 

meron akong isasangguni though commonsense tells me na talagang i've all the rights pero gusto ko sana basahin ng article or something yung may ari ng inuupahan ko bahay..

 

meron akong inupahan na haus may garage siya then sa garage ko na na yun mata-tapyasan siya kasi magtatayo siya ng internet shop...gusto ko nga sapakin eh kasi inupahan ko yung property na yun and sa tingin ko wala siyang karapatan na gawin yun...

 

although sabi nya eh plano palang eh hindi ko gusto yung plano nya...I need a word or phrase mga gurus to stop this f#&king owner of the house that i'm renting..

 

ang sabi ko nga sa kanya dapat before pa lang nung may nagi-inquire sinabi na nya yung plano nya..

 

imho, the one that you are renting is his property which means he has every right to do anything with it. Unless it is specifically written on the contract of lease that he cannot do anything to that while you are renting.

[roadkill69ph]

Sir, what's the worst thing that can happen to me legally if i do not settle my outstanding post paid phone bill?

[xwhiteshadowz]

Sir, what's the worst thing that can happen to me legally if i do not settle my outstanding post paid phone bill?

oo nga together with other home bills other than credit cards

[Pinoymale]

Sir, what's the worst thing that can happen to me legally if i do not settle my outstanding post paid phone bill?

 

The worst that can happen is that a case for collection is filed against you and you'd have to hire a lawyer to represent you in the case. This all depends on how large your bill is and how aggressive the company will pursue the case.

[Pinoymale]

imho, the one that you are renting is his property which means he has every right to do anything with it. Unless it is specifically written on the contract of lease that he cannot do anything to that while you are renting.

 

Actually, an owner's rights over his property are limited by a lease contract for its duration. An owner can even be charged with trespassing if he enters the property without consent or an emergency.

[Pinoymale]

sup guys?

 

i wanna ask about a friend's problem:

 

He is being accused of rape by his niece (now 30 years old) and said it happened more or less 15 years ago, but still stayed with him until just last month. So my friend practically shouldered all that his niece needed to live. She was not maltreated in anyway by his family but was treated as one of them. Considering this accusation is true, what are the odds of my friend getting put behind bars? The woman has had already been with a boyfriend, probably also engaging in sexual activities. I need you professional opinion please help me out here. Thanks a lot guys

 

From what you've posted, there is a slim chance that your friend will be arrested. Such a long period has already passed since the alleged rape, the niece continued to live with your friend, and chances are, her ability to recall important details of the event has diminished through the years. Your friend's defense team can use these, among others, to have a field day with the prosecution's case.

[Pinoymale]

Is there a difference between bonuses and incentives?

 

can employment contracts, specially, provision relating to incentives being forfieted be validly challeneged in court?

 

I think there are some differences between bonuses and incentives but, as a whole, they are similar and used interchangeably. Contracts can always be challenged in court but it may be an uphill battle since you agreed to its provisions when you signed it and courts will not easily allow you to set that aside.

[barrysaint]

sup guys?

 

i wanna ask about a friend's problem:

 

He is being accused of rape by his niece (now 30 years old) and said it happened more or less 15 years ago, but still stayed with him until just last month. So my friend practically shouldered all that his niece needed to live. She was not maltreated in anyway by his family but was treated as one of them. Considering this accusation is true, what are the odds of my friend getting put behind bars? The woman has had already been with a boyfriend, probably also engaging in sexual activities. I need you professional opinion please help me out here. Thanks a lot guys

 

Well, if the alleged rape was committed at least 20 years ago then the crime would have prescribed and he can no longer be convicted.

The main defense he can use is the long lapse of time and the lack of medical evidence at this late time although it is true that it is hard to defend against a charge of rape since jurisprudence is settled that when a woman testifies to being raped and her testimony is credible, that is all that is required to convict the accused

[mlpf]

Thanks bro, nung una below 100K sya. pero 4% interest kasi ang usapan at mag 1yr. na sya di nag bigay. aabot na sya ng 100k as of now. Nangutang na nga ako before para makabayang ng ilang months. Another problem e nag work na daw sya abroad at wala pa din malinaw na usapan kung pano. Kung mag file ako sa barangay anong documents ang dpat kong ihanda? at pano kung aabot na ng 100k?

 

Include his wife in the complaint before the Barangay if your friend is already abroad. Hopefully, they will sign a compromise agreement before the Barangay if they truly are your friends. If they don't, ask for a "Certification to File Action". You will have no choice but to go to court. The Barangay is a non-lawyer's forum. Lawyers are banned from participating. Bring whatever documents you need to prove your case.

 

The significance of the Php 100,000.00 is that collection cases in court in Metro Manila where the claim does not exceed Php 100,000.00 fall under a fast and expedited procedure in court called "summary procedure". The case will be resolved purely with documents. There will be no need for you to actually testify. Just have your lawyer present your affidavit and your position paper. It is relatively fast. However, a case to enforce a Barangay compromise in court is even faster.

[pogingpogi2x]

Include his wife in the complaint before the Barangay if your friend is already abroad. Hopefully, they will sign a compromise agreement before the Barangay if they truly are your friends. If they don't, ask for a "Certification to File Action". You will have no choice but to go to court. The Barangay is a non-lawyer's forum. Lawyers are banned from participating. Bring whatever documents you need to prove your case.

 

The significance of the Php 100,000.00 is that collection cases in court in Metro Manila where the claim does not exceed Php 100,000.00 fall under a fast and expedited procedure in court called "summary procedure". The case will be resolved purely with documents. There will be no need for you to actually testify. Just have your lawyer present your affidavit and your position paper. It is relatively fast. However, a case to enforce a Barangay compromise in court is even faster.

 

Thanks Bro!

[roadkill69ph]

Thanks!

 

The worst that can happen is that a case for collection is filed against you and you'd have to hire a lawyer to represent you in the case. This all depends on how large your bill is and how aggressive the company will pursue the case.

[Dr_PepPeR]

Hi! i would really like to seek some help regarding my predicament in my work.

 

I'm a manager in one of the top local banks here in the philippines.

We have a deceased account that is really troubling us. I'm looking for a lawyer that can assist us or our client in taking care of the deceased account. Service fee will be paid accordingly and our client is willing to pay gladly.

 

Situation....

--Account holder has two accounts 1) time deposit 2) checking account

--Account is personal, not joint

--Our bank requires certain documents before we release the proceeds. you can contact me for the details/complete list

--There are two legal heirs 1) Husband 2) Son

--Husband is missing and when our client died they were not in good terms for years and were already living in far away places (our account holder died around 70++ yrs)

--Son has been diagnosed as incapacitated due to to previous diagnosis of a mental disorder (not sure of the term but similar to schizophrenia--pardon my spelling)

--The sister of the account holder (the one who was taking care of our account holder and the son) wants to be the custodian of the money for the son's benefit since the father cannot be located anymore. (the sister is also a preferred client of my branch). Problem with the sister is that we officers of our branch sense that there is vested interest since our she was shouldering the dialysis of our account holder before death and may want to claim the money for her own use. And also we noticed that she is starting to have memory loss....

 

Need...

--We need to have everthing documented as required by the bank. Examples of documents involved are Extrajudicial settlements, Indemnity Bonds/agreements, Heir's Bonds, etc...

--This is a special case in our point of view but I hope legal experts here can aid our client and the bank....

 

thanks! pls contact me faster here at xxxxxxxxxx or (xxxxxxx/xx office hours)

 

 

MOD NOTE : NO POSTING OF CONTACT #'S. PLEASE USE YOUR PM FUNCTION. THANK YOU.

 

As a banker, you will need to have your documents in order. I guess you already have notices or cannot deny the knowledge of the death of the account holder. If that is the case, then you have to wait for the claimants (whoever they are) to furnish you with the Extrajudicial Settlement, Clearance from the BIR for the settlement of the estate tax and the proof of publication of notice to the heirs and creditors in a newspaper of general circulation. Pending submission of these documents, I don't think you should touch the account especially if the amount involved is substantial and if there is a possible controversy among the claimants. The determination of who are the legal heirs is not your function. As long as you have documents purportedly from the legal heirs, then you may release the proceeds to the claimants. You may of course, require a surety bond and release it, but that is a business decision. For both your client and the bank, I suggest to simply follow the documentation. The bank lives and dies on documentation.

[mlpf]

Include his wife in the complaint before the Barangay if your friend is already abroad. Hopefully, they will sign a compromise agreement before the Barangay if they truly are your friends. If they don't, ask for a "Certification to File Action". You will have no choice but to go to court. The Barangay is a non-lawyer's forum. Lawyers are banned from participating. Bring whatever documents you need to prove your case.

 

The significance of the Php 100,000.00 is that collection cases in court in Metro Manila where the claim does not exceed Php 100,000.00 fall under a fast and expedited procedure in court called "summary procedure". The case will be resolved purely with documents. There will be no need for you to actually testify. Just have your lawyer present your affidavit and your position paper. It is relatively fast. However, a case to enforce a Barangay compromise in court is even faster.

 

Correction: cases in Metro Manila where the claim does not exceed Php 200,000.00 fall under summary procedure.

[Fitzroy]

i'm still trying to get opinions on my friend's case. pls refer to this

[mlpf]

i'm still trying to get opinions on my friend's case. pls refer to this

 

What has happened? Why has the niece suddenly decided to file a case for Rape after 15 years of living with his uncle? Unfortunately, the prescriptive period for Rape is 20 years. Moreover, Republic Act No. 8353 (the Anti-Rape Law of 1997) considers only a subsequent marriage between the man and the woman as the valid form of condonation of the crime. The failure of the woman to assert her claim for 15 years is a matter that the court will have to consider (laches - the failure to assert a claim for an unreasonable period of time), but there is no guarantee that it will be accepted as a valid defense. It will depend on the discretion of the judge and the explanation of the woman.

 

I think the Fiscal can file a case for Rape in court. It is sufficient for a woman to claim she was raped for a case to be filed. There is probable cause. Laches is an issue addressed to the judge, not the Fiscal. Medical evidence is only corroborative. It is not absolutely necessary for conviction. Accordingly, the testimony of the woman can stand on its own for conviction. Furthermore, you state that the accusation is actually true. I think there will be a trial and your friend will be arrested since Rape is a non-bailable offense. However, the question of whether he will be convicted is another matter....

[Fitzroy]

What has happened? Why has the niece suddenly decided to file a case for Rape after 15 years of living with his uncle? Unfortunately, the prescriptive period for Rape is 20 years. Moreover, Republic Act No. 8353 (the Anti-Rape Law of 1997) considers only a subsequent marriage between the man and the woman as the valid form of condonation of the crime. The failure of the woman to assert her claim for 15 years is a matter that the court will have to consider (laches - the failure to assert a claim for an unreasonable period of time), but there is no guarantee that it will be accepted as a valid defense. It will depend on the discretion of the judge and the explanation of the woman.

 

I think the Fiscal can file a case for Rape in court. It is sufficient for a woman to claim she was raped for a case to be filed. There is probable cause. Laches is an issue addressed to the judge, not the Fiscal. Medical evidence is only corroborative. It is not absolutely necessary for conviction. Accordingly, the testimony of the woman can stand on its own for conviction. Furthermore, you state that the accusation is actually true. I think there will be a trial and your friend will be arrested since Rape is a non-bailable offense. However, the question of whether he will be convicted is another matter....

 

i think its because she wanted money from my friend. You see, they are both foreigners. My friend is a legal alien while the woman isn't. This woman wanted to go back to her home country so she says ( i don't believe her). She was taken cared of by my friend and even his family at was treated as one of their own (his family didn't know of the incident only until last year).

 

This is what transpired over the last 3 weeks:

 

She stole my friend's papers last week (passport, ACR for immigration, etc.) So they(my friend and his family) filed a blotter for the police about the matter. After 3 days, here she comes to another police station with a complaint about the rape.

 

My friend was illegally arrested by some policemen from that station for interrogation. Good thing my friend has friends in high places. Within that day, they made an agreement with the victim that they will take care of her financial needs to be able to go back home, but still looked unsatisfied.

The next day, an immigration guy calls my friend's daughter and told her to meet up with him outside imigration office because he has a case against my friend. They agreed to meet up and surprisingly, my friend's niece was with him. After talking to him, we concluded that the immigration officer only wanted money from my friend (he wanted a cut from the woman's expected money).

 

My next question is this: Can an immigration officer handle criminal cases of a foreigner? Or is it the local police's job?

 

pls help me on this guys. I appreciate all the valuable tips i've gotten out of this thread.