legal Free Legal Advice

[Roubaix]

To the legal experts :

 

I hope you can help me. I had a live-in partner wherein we hoped that we can be married. The reason is that we know that her previous marriage was not registered or did not reach NSO. She has a daughter that I have learned to love as my own. We enrolled the child in elementary using my surname since the school did not mandate us to submit her birth certificate. After two years, we learned that her previous marriage did reach NSO and was registered. We came to accept that we can never be legally married. Now here is the problem, we relocated and the child needs to transfer to another school and this school requires a NSO authenticated birth certificate. So the child needs to use the surname of her birth father and all her previous school record shows that she used my surname. Please advise what legal steps that we can do.

 

This is a difficult situation. All I can recommend without anything illegal is that explain in the first enrollment, the parents of the child were separated and that out of spite, you chose to use a different surname. Explain to the second school, that you had the NSO all the while and that you enrolled in the first school with your surname to hide the child from the father. Now, that the second school is asking for an NSO, you present the same. Just make an affidavit that the kid is one and the same as in the records of the first school. It's best to come up with a story with the documents you had than to make up the documents for the story you want.

[tenchi23]

wala ba makaksagit ng tanong ko.?

[86bangher]

pag may estafa case ka ba-- makakakuha ka ng nbi clearnce for abroad?

 

Assuming that you were the one involved, have you received any subpoena at the Fiscal's level? or any subpoena at the MTC level? My point is... what level is that 'Estafa' case currently now? If your case had prospered at the MTC level, you had more than 50% chance of having your Estafa recorded in the NBI archive. Sa madaling salita... nasa MTC na, markado ka na!

 

Btw, sigurado ka bang 'Estafa' ito? I mean Estafa as in BP #22?

[86bangher]

...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.

 

HKG still has British/Commonwealth Law as basis for civil governance, albeit slightly politicise since 1997. Whereas SG does adhere to British/Commonwealth Laws.

 

For marriage contract (and related services, regardless of resident/non-resident) in HKG, the government agency in charge of these was~

Marriage Registrations & Records Office (main; open Mon-Fri, 1/2 day on Sat)

Queensway Gov't Ofc., @ Queensway (via MRT, get off Admiralty Stn)

Tel: 2867-2767; 2824-6111** (HKG side).

 

Note: call the supplied numbers for complete details of requirements. Their gov't agency is noted for cordial services on enquiries and also offer complete details from registering up to printed media notices (all you need to do is pay the printed official fees on svc you need).

[jopok]

ung company namin at union ay nagkaroon ng CBA nung 2007,ang effectivity ay till 2010,kasam sa nagpakasunduan ay yung increase namin this year,kaso,di pa binibigay ng management,kasi daw crisis,,ang kwestyon pwede ba namnin yun habulin,pati retro fromn jan 2009 up to present,,sabi ng union,strikekable dun un ginawa ng management,,tama ba yun?hanggang ngayon kasi,wala pa akson union namin.

[wrecker]

ung company namin at union ay nagkaroon ng CBA nung 2007,ang effectivity ay till 2010,kasam sa nagpakasunduan ay yung increase namin this year,kaso,di pa binibigay ng management,kasi daw crisis,,ang kwestyon pwede ba namnin yun habulin,pati retro fromn jan 2009 up to present,,sabi ng union,strikekable dun un ginawa ng management,,tama ba yun?hanggang ngayon kasi,wala pa akson union namin.

 

normally its will be discussed muna sa management - labor counsel, then kung d talaga maayos, thats a strikeable issue. you file a notice of strike sa NCMB.

[flashspeed229]

This is a difficult situation. All I can recommend without anything illegal is that explain in the first enrollment, the parents of the child were separated and that out of spite, you chose to use a different surname. Explain to the second school, that you had the NSO all the while and that you enrolled in the first school with your surname to hide the child from the father. Now, that the second school is asking for an NSO, you present the same. Just make an affidavit that the kid is one and the same as in the records of the first school. It's best to come up with a story with the documents you had than to make up the documents for the story you want.

 

Thanks for the advice Roubaix

[basic_instinct]

Ask ko lang po kung sino may karapatan sa custody ng baby. Kasi friend ko pong babae eh gusto humiwalay na sa kinakasama nyang lalaki. Kakapanganak nya lang po at gusto nya ng hiwalayan kasi unplanned pregnancy nangyari. Di pa po sila kasal at ang depensa ng lalaki na sa kanya yung baby mapunta dahil may ibang lalaki itong si girl na totoong mayroon nga.

[basic_instinct]

Sa above post ko po kung mapunta man sa mother ang bata may habol po ba ang father ng bata

 

and what are the circumstances for the father para mahabol nya ang custody bata sa from her mother

Edited May 13, 2009 by basic_instinct

[basic_instinct]

Paano po kung yung name ng lalaki eh nasa birth certificate na?

[muffin]

to all the marriage/annulment experts:

 

Just want to ask if a person is married at 22 and he or she had his parental consent forged, is that a valid ground for annulment or is the marriage automatically void?

[moed]

No. Only persons 18 and above but below 21 who get married need parental consent.

Edited May 14, 2009 by moed

[GODzilla]

Ask ko lang po kung sino may karapatan sa custody ng baby. Kasi friend ko pong babae eh gusto humiwalay na sa kinakasama nyang lalaki. Kakapanganak nya lang po at gusto nya ng hiwalayan kasi unplanned pregnancy nangyari. Di pa po sila kasal at ang depensa ng lalaki na sa kanya yung baby mapunta dahil may ibang lalaki itong si girl na totoong mayroon nga.

 

The custody over illegitimate children or those born out of wedlock are almost always awarded to the mother. Unless it can be shown that she is unfit or that the general welfare of the child is best served if someone else takes care of her/him.

 

The fact that the father acknowledged the child to be his or that the mother is now with another man is not enough ground to deprive her of the right/custody over said child.

[GODzilla]

to all the marriage/annulment experts:

 

Just want to ask if a person is married at 22 and he or she had his parental consent forged, is that a valid ground for annulment or is the marriage automatically void?

 

NO. since he/she is over 21 years old already at the time and a defect in the parental ADVICE is not a ground for annulment. Furthermore, no marriage is AUTOMATICALLY void. There must still be a judicial declaration to that effect. In other words, the courts must first declare said marriage to be null and void.

[basic_instinct]

Thank you po

[muffin]

No. Only persons 18 and above but below 21 who get married need parental consent.

 

what about parental advice?

[muffin]

NO. since he/she is over 21 years old already at the time and a defect in the parental ADVICE is not a ground for annulment. Furthermore, no marriage is AUTOMATICALLY void. There must still be a judicial declaration to that effect. In other words, the courts must first declare said marriage to be null and void.

 

 

What's the use of having the parents sign a parental advice then if a defect in it is not a ground for annulment?

 

How much is an annulment nowadays that wouldn't require you to have personal appearance? Any contacts to help my friend? Please PM me... thanks!

[anjinsan]

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

 

can anyone answer this?

[redax]

What's the use of having the parents sign a parental advice then if a defect in it is not a ground for annulment?

 

How much is an annulment nowadays that wouldn't require you to have personal appearance? Any contacts to help my friend? Please PM me... thanks!

 

Lack of parental consent when required makes the marriage voidable.

Parental advice, again when required, is only a requisite for the issuance of a marriage license. If parties are able to acquire a license even without the required parental consent, the marriage is valid.

[freelicker]

QUOTE (handlewithcare @ Apr 25 2009, 10:00 AM)

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

 

 

can anyone answer this?

 

There are several ways of correcting the same (not considering the consequences). The first is to file for correction of entry with the LCR claiming that the entry was inadvertent. You can try to use the argument that because the parents are not married, then the child should follow the name of the mother and not the father. This alternative would not be too costly or difficult because it is an administrative correction.

 

The second way would be more costly and time consuming. This would entail filing a court case to correct the entry showing that there was a material error in the birth certificate of the child. This would require a court hearing and as such a lawyer needs to be hired for the same. However, this is a safer alternative inasmuch as the correction will be ordered by the court.

 

The consequence of these actions would be that if the father objects to the same, then there might be a legal battle that can end up with a criminal case of falsification of a public document (the birth certificate).

 

The other legal eagles here might be able to add some more thoughts.

[searcher]

I need some legal advice.

 

The employee in a private company is on maternity leave (ceasarian) May 1 and wants to plans to go back to work on Jun 1.

Considering that the maternity leave is 60 days or 75 days what are the rules?

 

The reference I have is:

Rule XVI of the Omnibus Civil Service Rules

http://www.unescap.org/esid/psis/populatio...phi/phi_065.htm

Section 14. Married women may go on maternity leave for less than sixty (60) days. When an employee wants to report back...

 

1. Is it the choice of the employee or employer?

2. What is the law on this so I can show it to our HR?

 

I would appreciate your help. Thanks

[Dr_PepPeR]

I need some legal advice.

 

The employee in a private company is on maternity leave (ceasarian) May 1 and wants to plans to go back to work on Jun 1.

Considering that the maternity leave is 60 days or 75 days what are the rules?

 

The reference I have is:

Rule XVI of the Omnibus Civil Service Rules

http://www.unescap.org/esid/psis/populatio...phi/phi_065.htm

Section 14. Married women may go on maternity leave for less than sixty (60) days. When an employee wants to report back...

 

1. Is it the choice of the employee or employer?

2. What is the law on this so I can show it to our HR?

 

I would appreciate your help. Thanks

 

Under the Labor Code, if you are a pregnant employee who has been working at your company for at least six months in the last 12 months, you are currently entitled to two weeks leave before your expected date of delivery, and another four weeks after your baby is born if you deliver normally.

 

If you are covered by Social Security (SSS) and have paid at least three monthly maternity contributions in the twelve-month period prior to your delivery, your company may decide to give you a 60-day paid leave, which is the number of days you're entitled to be paid as provided by the SSS Law for normal deliveries. If you deliver via a caesarian section, the SSS Law entitles you to an added 18 days of paid maternity benefits.

 

The Labor Code also entitles you to an extended leave without pay in the cases of pregnancy-related complications or illnesses that prevent you from working.

 

You are expected to return to work after your approved maternity leave period. If you have to extend your leave because of an illness or complication related to your pregnancy or delivery, you may ask your employer may extend your leave. You will need to provide a medical certificate for this. However, an extension of your maternity leave will be taken out of your unused vacation and/or sick leave credits, if any, or allowed without pay if you don't have any leave credits left.

 

If you want to return to work before the 60 day period, it is your choice but your employer may require you to submit a medical certificate that you are in fact fit to work. Just ask your employer to look at the Labor Code, your company's HR should have one.

[b1gbeauty89]

Under the Labor Code, if you are a pregnant employee who has been working at your company for at least six months in the last 12 months, you are currently entitled to two weeks leave before your expected date of delivery, and another four weeks after your baby is born if you deliver normally.

 

If you are covered by Social Security (SSS) and have paid at least three monthly maternity contributions in the twelve-month period prior to your delivery, your company may decide to give you a 60-day paid leave, which is the number of days you're entitled to be paid as provided by the SSS Law for normal deliveries. If you deliver via a caesarian section, the SSS Law entitles you to an added 18 days of paid maternity benefits.

 

The Labor Code also entitles you to an extended leave without pay in the cases of pregnancy-related complications or illnesses that prevent you from working.

 

You are expected to return to work after your approved maternity leave period. If you have to extend your leave because of an illness or complication related to your pregnancy or delivery, you may ask your employer may extend your leave. You will need to provide a medical certificate for this. However, an extension of your maternity leave will be taken out of your unused vacation and/or sick leave credits, if any, or allowed without pay if you don't have any leave credits left.

 

If you want to return to work before the 60 day period, it is your choice but your employer may require you to submit a medical certificate that you are in fact fit to work. Just ask your employer to look at the Labor Code, your company's HR should have one.

 

 

i understand your explanation but what if under the following circumstances :

 

1. the employee will be on leave for 78 days (caesarian section) and her boss ask her to come to the office to report for work at least once a week during her maternityleave ? is this allowed? what rules apply with regards to the corresponding compensation ?

2. the employee have no more leave credits by the time she take here maternity and she does not qualify to benefit the maternity benefits from SSS since she have exceeded the 4 required deliveries ( she's on her 6th delivery) , the maternity would then be considered as leave without pay? if with pay to what leave category should it be considered since its not vacation nor sick leave?

 

hope you can enlighten me on this ...thanks in advance.

[Dr_PepPeR]

i understand your explanation but what if under the following circumstances :

 

1. the employee will be on leave for 78 days (caesarian section) and her boss ask her to come to the office to report for work at least once a week during her maternityleave ? is this allowed? what rules apply with regards to the corresponding compensation ?

2. the employee have no more leave credits by the time she take here maternity and she does not qualify to benefit the maternity benefits from SSS since she have exceeded the 4 required deliveries ( she's on her 6th delivery) , the maternity would then be considered as leave without pay? if with pay to what leave category should it be considered since its not vacation nor sick leave?

 

hope you can enlighten me on this ...thanks in advance.

 

Just an opinion:

1. If the employee is on maternity leave, she cannot be forced to report to the office. Of course, if she agrees to report to work, then she waives her right to avail of the continuous maternity leave. Compensation will still be based on average weekly rates.

2. The company may apply the leaves against unused VL and SL leave credits but once this is consumed, then it will be leave without pay.

[searcher]

Thank you Dr. Pepper