legal Free Legal Advice

[Jongkers]

to all i need your help

 

A friend of mine wants to get married in hongkong, he is separated his ex-wife

is married already and staying in singapore and the girl is single.

 

do you know the requirements needed to get this thing done or for them

to get married .

 

thanks in advance

 

Is your friend a Filipino? If he is, he can't marry her because he is still legally married to his wife. Without a declaration from a court that their marriage is either void or annulled, their marriage is legally subsisting. His wife's marriage in Singapore, assuming she is also a Filipino, may be valid in Singapore but not here in the Philippines. For that matter, your friend can get married in Hong Kong but said marriage will likewise be not recognized here.

 

It would seem a simple solution -- that both can re-marry anywhere but here at wala pang bigamy -- but this will only cause problems in the future especially if they have common children and property. Their respective children in the subsequent marriages will also be illegitimate children without a chance of being legitimated. Magulo yan in the future, in other words.

 

Have their marriage dissolved here first bago magpakasal sa iba.

[pink24]

The rule on work on a regular holiday is that a worker will still be paid a whole day's salary even if no work was rendered.

If work is rendered, then the pay is double the regular rate.

If the employee is made by the employer to work on a regular holiday, the preceding rule will apply: double pay.

 

This is what the Labor Code says:

 

"Art. 94. Right to holiday pay. -- Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers;

 

The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; and

 

As used in this Article, "holiday" includes: New Year’s Day, Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the twenty-fifth and thirtieth of December and the day designated by law for holding a general election."

 

Your HR is WRONG in saying that it can deduct your (holiday work) absence from your leaves. You are entitled by law to holiday pay AND to your leave. To do so will be robbing you of your rights twice. Tinanggalan ka na nga ng benefit na pay-without-work, babawasan pa ang leaves mo. Mali naman yun.

 

Hope this helps.

 

"The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; and"

 

pwede kami umabsent even sinabi ng employer na kailangan pumasok on a regular holiday kasi marami work?

[Jongkers]

"The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; and"

 

pwede kami umabsent even sinabi ng employer na kailangan pumasok on a regular holiday kasi marami work?

 

Yes, may one-day pay ka pa rin at hindi rin pwedeng bawasan ng isang araw ang leaves mo.

Kaya lang, baka magkaproblema ka sa HR in relation to employee discipline.

[pink24]

Yes, may one-day pay ka pa rin at hindi rin pwedeng bawasan ng isang araw ang leaves mo.

Kaya lang, baka magkaproblema ka sa HR in relation to employee discipline.

 

Thanks!

[libra6]

Sir good morning. I would just like to ask if there is a law sa pinas against stalkers? My brother in law is being stalked by someone allegedly the husband of a former officemate na galit sa kanya at sinabing pinakialamanan nya daw yung asawa wherein hindi naman daw. kahit san mapunta ang bayaw ko e nasusundan sya. nakukuha ang kanyang mga contact numbers and ginugulo talaga sya. he already received threats thru cp (tinatawagan sya). is there anything he can do legally to stop the threat? papano po ba dapat i-handle ang ganitong situation? salamat ng madami po sir. I will be waiting for your response. more power to MTC and all the members

[GODzilla]

Sir good morning. I would just like to ask if there is a law sa pinas against stalkers? My brother in law is being stalked by someone allegedly the husband of a former officemate na galit sa kanya at sinabing pinakialamanan nya daw yung asawa wherein hindi naman daw. kahit san mapunta ang bayaw ko e nasusundan sya. nakukuha ang kanyang mga contact numbers and ginugulo talaga sya. he already received threats thru cp (tinatawagan sya). is there anything he can do legally to stop the threat? papano po ba dapat i-handle ang ganitong situation? salamat ng madami po sir. I will be waiting for your response. more power to MTC and all the members

 

hmmm...i think the closest to the anti-stalking and harassment laws in the States here in the Phils. is RA 9262 which gives women and their children protection from harassment by way of a Protection Order. Considering that your bayaw is a male, he is obviously not qualified for the same. However, he has several options available for him:

 

1. he can file a criminal complaint for grave threats and/or unjust vexation if he can identify the person calling him and making such threats;

2. he can ask for a restraining order to prevent said person from going near him and enjoin him from making such threats;

[libra6]

thanks GOZDzilla. where can he file the criminal complaint? my bayaw works in the province and the guy who threatens him live here in metro manila.

[redax]

Extra judicial settlement only applies if there is a case filed or a dispute resolved. For a lost CR, a simple affidavit of loss signed by your father should suffice. I just did one for a friend.

 

It could be that what is meant here is extrajudicial settlement of estate of deceased person that's why he cannot get his father to sign an affidavit of loss or sign the deed of sale himself. In this case, the heir's would have to declare that car in their extrajucial settlement of the estate of the father, which usually is not done, since most properties declared are only real property. What's worse would be if the LTO would also require proof of payment of estate taxes where the car is also declared, which is also not usually declared. What would further complicate this matter is if their are multiple heirs and they all become co-owners of the car. Just declaring the car in the extrajudicial settlement or just to have one because of the car would be a burden.

[handlewithcare]

sir. i have a friend na may baby less than a year old. isinunod yung apelyido ng baby sa father ng baby although theyre not married and just lived-in together for only three months. ngayon hiwalay na sila and hindi naman nagbibigay ng sustento yung father ng baby. can she still change the surname of her baby to her surname? what future complications will she encounter if ever? thanks in advance

[b_9904]

Hi po,

 

1) How do you file a criminal complaint?

 

May nang-haharass po kasi saaking live-in partner ng Ex-gf ko. Death threats, miss calls, and the usual pang aasar. Nakakapikon na po kasi dahil from time to time mangugulo nalang bigla saakin and I want to teach him a lesson po.

 

So can you please help me with the process and kung may contact person na po kayo dun na pwede kong lapitan.

 

PS: I live in Manila.

 

2) Can I go to the hospital and ask them for the full name and contact details of the live-in partner?

 

He works at a reputable hospital with my ex. We live near that hospital and there is always a possibility that I'll rush my relatives and family members during emergencies. Also, I dont know the full name and contact details of the live-in partner BUT I do know the name and contact details of my ex.

 

So can I write a complaint to the hospital re: their employee's behavior outside of the work place and ask for the contact details and full name of the live-in partner?

 

Maraming salamat po.

 

PS: I have evidence of his death threat. Nasa cellphone ko po and I took a video of it too. He is using my ex's personal prepaid number.

Edited April 25, 2009 by b_9904

[b_9904]

hmmm...i think the closest to the anti-stalking and harassment laws in the States here in the Phils. is RA 9262 which gives women and their children protection from harassment by way of a Protection Order. Considering that your bayaw is a male, he is obviously not qualified for the same. However, he has several options available for him:

 

1. he can file a criminal complaint for grave threats and/or unjust vexation if he can identify the person calling him and making such threats;

2. he can ask for a restraining order to prevent said person from going near him and enjoin him from making such threats;

 

You could cite Art. 19, 20, and 21 para mahabol mo siya for damages (ei: mental anguish, sleepless nights, etc) na pwedeng ma-suffer ng brother in law mo in case hindi mo siya mahabol sa criminal case.

 

Note: I only cited the general provisions, baka may specific provisions pa sa Civil Code.

Edited April 25, 2009 by b_9904

[rockybrawler]

I need badly a legal advice on our family problem. Here is the situation:

 

(1) My parents are legally separated. Annulled po ang kasal ng aming ama't ina. Dalawa po kaming magkakapatid, at kami po ay pinalaki ng aming ina at ng kanyang kinakasama, na siya naman pong aming kinilalang ama, at meron kaming dalawang kapatid sa ina.

 

(2) Pagkatapos po ng annullment, ang aming ama naman po ay nag-asawa at nagkaroon ng anak din po sa kanyang pangalawang asawa at may mga anak po sila.

 

Ang tanong ko po meron po ba kami ng aking kapatid na mamanahin sa aming ama? Kasi po mayaman ang pamilya ng aming ama at pinamanahan siya po ng aming lolo't lola ng mga lupain at iba't ibang ari-arian.

 

Ang sa akin po sana ay huwag na pong maghabol pero naaawa po ako sa aking nakakabantang kapatid dahil may kapansanan, at ang masakit po nito ay mula pong nagkahiwalay ang aming magulang ay wala po akong alam na kami'y sinuportahan ng aming ama. At hindi ko po alam kung nakasulat sa desisyon ng annulment na ang aming ama ay kailangang magbigay ng sustento.

 

Please help me, and I need legal advice on this. At saka po pala, magkano naman po ang magagastos po namin kung sakaling pwede po kaming maghabol.

 

Maraming salamat po.

 

Nakakalito ang kwento mo dahil sabi mo sa una ang magulang mo ay "legally separated" pagkatapos, sabi mo naman "annulled" ang kasal nila. Magkaiba ang "legal separation" sa "annulment." Sa "legal separation" mabisa pa rin ang kasal ng mag-asawa, yun nga lang pwede na silang mabuhay ng magkahiwalay (ibig sabihin kasal pa rin sila sa isa't-isa). Ang "annulment" naman pinapawalang-bisa ang kasal nila.

 

Pero dahil sabi mo na nagpakasal ulit ang iyong ama, aking ipagpapalagay na "annulment" ang nangyari sa kanila.

 

Kahit annulled na ang kasal ng inyong mga magulang, ama niyo pa rin siya kaya kayo ay kanya pa ring tagapagmana. Yun nga lang, dahil lumalabas na kayo ay mga anak sa labas (dahil hindi kasal ang magulang ninyo [napawalang-bisa ang kasal nila di ba]) kung ano ang matatanggap ng kanyang mga anak sa pangalawang asawa, kalahati lang nun ang matatanggap ninyo (doble ang matatanggap na halaga ng kanyang mga tunay na anak, 2 is to 1 baga).May karapatan din kayong humingi ng suporta sa inyong ama, kahit kayo ay mga anak sa labas.

 

Kausapin niyo ang inyong ama tungkol sa sustento, baka sakali na siya ay pumayag, wala na kayong gagastusin.

 

Sa gastusin, ang malaking gastos talaga dito ay ang bayad sa abugado sakaling mapilitan kayong maghabla dahil ayaw kayong bigyan ng suporta ng inyong ama. Depende ito sa abugado, kaya di natin masabi kung magkano talaga.

 

Sorry to contradict you Sir but children from an ANNULLED MARRIAGE are still considered LEGITIMATE in status. I'm talking from experience.

[jamesyap18]

Sorry to contradict you Sir but children from an ANNULLED MARRIAGE are still considered LEGITIMATE in status. I'm talking from experience.

 

 

yup i think tama ka nga. though i am not a lawyer pero i know they are still legitimate childrens..

[bench]

Hi, Tanong lang po

 

I have a friend who made a personal loan sa isang bank sa UAE pagkatapos umuwi sa Pinas. Mahahabol ba sya ng bank or worse can he be arrested without final notice of collection?

[joshiasi]

Hi can anyone help me out with my fiance's problem?? My fiance just moved to a new place which is a room for rent. My fiance said that they had verbally agreed for a 6 month stay and after spending money on moving and transferring her internet, she was told that she has to go in a month. She just completed her 1st month and have paid all her dues. She was informed that she needs to go by June 1 so in all sense she just wasted money to stay in a place for just 2 months and have to find another to move. There was no contract but there was a verbal agreement that it would be a 6 months at the very least. Is there like a way for her to get compensated as she was asked to leave just a month from staying? Its so upsetting that she wasted money just to move stuff for just 2 months and have to leave again and do it all over.

[Roubaix]

Hi can anyone help me out with my fiance's problem?? My fiance just moved to a new place which is a room for rent. My fiance said that they had verbally agreed for a 6 month stay and after spending money on moving and transferring her internet, she was told that she has to go in a month. She just completed her 1st month and have paid all her dues. She was informed that she needs to go by June 1 so in all sense she just wasted money to stay in a place for just 2 months and have to find another to move. There was no contract but there was a verbal agreement that it would be a 6 months at the very least. Is there like a way for her to get compensated as she was asked to leave just a month from staying? Its so upsetting that she wasted money just to move stuff for just 2 months and have to leave again and do it all over.

 

Is this in the U.S. or in the Philippines? I can't answer about U.S. tenancy laws.

 

In the Phils, a verbal agreement should be enough but it's not solid. That is that why she is being kicked out because may have found a use for it or found a leasee willing to pay more.

 

She can be compensated for the expenses for moving out because the lessor didn't give the full term of the lease. But this has to go to court to prosper. It's best for her to get a lawyer to make a demand letter. Negotiations can start from there.

[joshiasi]

Is this in the U.S. or in the Philippines? I can't answer about U.S. tenancy laws.

 

In the Phils, a verbal agreement should be enough but it's not solid. That is that why she is being kicked out because may have found a use for it or found a leasee willing to pay more.

 

She can be compensated for the expenses for moving out because the lessor didn't give the full term of the lease. But this has to go to court to prosper. It's best for her to get a lawyer to make a demand letter. Negotiations can start from there.

 

Thanks for the reply. And yes this is in the Philippines.

[pERVYsAGE]

Good Afternoon Sirs/Ma'm

 

Last week ay nag away kami ng boss ko resulting to quitting my job. Isa ko sa mga my share sa company at di ko na nga hinihingi ang share ko kasi palubog na kami because of the economic crisis. Humingi na lang ako ng 2 mos. salary na pumayag naman sya. I know na my pera pa ang company. Ngayon ng maniningil na ako , binawasan nya ng 1/4 yung hinihingi ko at ngbigay ng 3 post dated checks at interval ay every 15 days. Ayokong pumayag at pinanghahawakan ko lang ay nakapirma ko sa SEC as one of the owner. Small company lang ito at bata pa, mg 2 yrs pa lang. Wala akong pinanghahawakan na my share ako sa company dahil tong alleged boss ko ay parang kaibigan dati kaya usap kaibigan ang pag hire sakin. Wala din akong investment dito dahil yung share ko ay kasama sa package sa pag hire sakin.

 

Tanong ko po ay my habol ba ako sa share ko kasi wala naman document akong pinanghahawakan kundi yung sa SEC lang? At alam kong importante yun dahil kapag binigay na sakin sana yung perang pinagkasunduan eh, pipirma ko ng parang I'm denouncing my rights sa company. Kanino ako pwede magsampa ng reklamo kung sakali?

[Butsoy]

one thing more... let the lessor file an ejectment case against your fiancee. that way she can stay even longer than six months just deposit with the court the monthly rentals if in case the lessor refuses to accept her payment

 

Butsoy

 

 

 

 

 

Thanks for the reply. And yes this is in the Philippines.

[jokski]

Here in our company, supervisors and managers (i'm not sure with high ranking officers) don't get double pay kahit pumapasok/required pumasok during holidays wherein regular employees get payed double.. Tama po ba ito? Aren't we supposed to get extra leave credits if we go to work on an official holiday if we didn't get the double pay?

 

Any inputs guys?

 

TIA.

[Guest djunya2006]

if i may ask a question to the legal eagle of the thread, my gf has been seperated from her husband for the past 17 years. now she wants to purchase property but has the fear that her estranged husband who has taken residence with another woman and who has two children with her might have the right to the property that she wants to purchase.

how can she be assured that he would not be able to claim this as joint property? (i hope the term is correct)

is getting an annulment the only answer?

what is the usual cost for this, she is a single parent who struggled to put her children through school without the benefit of any support.

she has been told that it would cost her php. 150,000 for an annullment and that this was a fixed price, she was told that this would be filed in the province.

 

Please advise, thanks in advance for your time.

[bigalow04]

sirs ask ko lng if legal mgwork ng 2 jobs d2 s pinas? i mean kung sa isa full time then ung isa part time. balak ko kc mgpart time job as a barista to invest more..

[jopok]

i need an opinion,,may car is insured sa isang company,,minsan pag gising ko,nakita ko na may gasgas paikot ung sasakyan,,so di ko nakita kung sino gumawa since street parking sya,ang damage is from the driver side going to the passenger,paikot ng trunk,hanggang sa front passenger side,,may roon na din minor scratches ang sasakyan ko,,prior to the incident i mentioned,,now nag claim ako,,ang participation fee ko ay 2k..ang ginawa ng insurance,pinagbabayad ako ng 6k,,kasi daw,malaki ung extent ng damage at iniapply nila or considered as 3 job ung,,ang question ko ganito,tama ba ang insurance?di naman kasi stipulated anywhere sa policy na ganun gagawin nila,,ano pwede ko gawin?

[jopok]

in addition pala,,sa casa ko pinagawa at 1 time ko lang sya pinagawa,,so meaning 1 job order lang yun,,

[redblack]

if i may ask a question to the legal eagle of the thread, my gf has been seperated from her husband for the past 17 years. now she wants to purchase property but has the fear that her estranged husband who has taken residence with another woman and who has two children with her might have the right to the property that she wants to purchase.

how can she be assured that he would not be able to claim this as joint property? (i hope the term is correct)

is getting an annulment the only answer?

what is the usual cost for this, she is a single parent who struggled to put her children through school without the benefit of any support.

she has been told that it would cost her php. 150,000 for an annullment and that this was a fixed price, she was told that this would be filed in the province.

 

Please advise, thanks in advance for your time.

 

Ok to simplify the reply, magpa-annul na lang sya...it will solve a lot of problems.

 

one, her property relationship with her husband would be clearer, kasi i-liliquidate yon.

 

two, legal na pagiging BF-GF nyo.

 

as for the supposed cost for the annulment, well . . . not a matter to be discussed in a public forum.