legal Free Legal Advice

[rocco69]

1. can I demand a damage claim to them while my car is still being repaired.. for my taxi expense?

 

Oo naman, karapatan mo yun eh. Kung magbabayad sila ng taxi expense mo... ibang usapan yun. Kung papayag sila, no problem. Kung hindi sila papayag... mapipilitan kang pumunta sa Question # 2 mo

 

2. can I charge the girl with reckless imprudence resulting to property damage?

 

Yes. Note that the girl was only 17, clearly she does not have a driver's license. Mahihirapan silang lumusot dito.

In fact, dahil menor de edad ang bata, pwede mo ring kasuhan ang magulang for damages sa ilalim ng Art. 2180 ng Civil Code. isa pa, dahil sigurado namang ang magulang ang nagpahintulot sa bata na imaneho ang kanilang sasakyan, pwede mo rin sila (ang magulang) kasuhan ng child abuse (pagpapamaneho ng sasakyan sa menor de edad) sa ilalim ng Sec. 10(a) ng R.A. 7610 in relation to Art. 59(12) ng PD 603.

 

ito lang ang mga kailangang isipin mo:

 

kalimitan, ang gusto lang ng nakabangga ay sagutin ng insurance nila ang damage, ayaw nilang maglabas ng sariling pera (except siguro sa participation, dahil nga kasalanan nila, sasagutin na rin nila yun). kaya para sa taxi expenses mo, malamang sa hindi, di sila papayag.

 

pinakamaganda niyan, magdemand ka ng amount na ibabayad nila sa yo over and above sa pag-ayos ng sasakyan bilang bayad sa perwisyo mo. pag-usapan niyo to, kung tumawad, OK na yun, ibig sabihin payag sila, di lang kayo nagkaka-ayos sa amount.

 

kung ayaw talaga, takutin mo na maghahabla ka - di lang sa anak, pati sa magulang! (gawin mo lang ito kung desidido ka talagang magkaso, humihina lang ang posisyon mo at nagmumukha kang katawa-tawa kung mananakot ka, di mo naman itutuloy)

 

kung ayaw pa rin, ayun, kasuhan mo na. alalahanin mo lang na pag naghabla ka, di nila ipapa-ayos sa insurance ang sasakyan mo (bakit ko ipapa-ayos ang sasakyan mo, hinahabla mo ako, ang magiging mentalidad nila diyan). if you cannot have your vehicle repaired at your expense in the meantime, mahihirapan ka sa kasuhan dahil matagal ito.

 

 

 

 

 

Ask ko lang po...

 

my car was bumped on a blind corner... I already stopped and the girl driving the other car (17yrs old) was not able to brake and hit me.

 

her car was not really damaged, palit bumper lang ok na.. butmy car was close to totally wreck.. and can't be used.. maybe since she was driving a 1997 model as compared to a 2007 model.. so body structure is harder.. and I was already at full stop and she still have themomentum..

 

to cut the story short...

 

they acknowledge their fault... but they want their insurance to settle the matter...

 

I only have 1 car that I use to go to work.. now I don't have anything to use... can I demand a damage claim to them while my car is still being repaired.. for my taxi expense..

 

If they don't pay me... can I charge the girl with reckless imprudence resulting to property damage...

 

please help... thanks.

[giboyph]

Hi,

 

Im a student in a school here in manila, i want to ask about the my situation below:

 

I failed one of my subject and was allowed to take the removal examination. I was under the impression that the passing score for the removal was 65 kc un tlaga ang passing samin. when i got the results it showed na failed ako then when i checked my paper my score was 66. Yun pla it was decided by the dept. of that subject na 75 ung gawing passing. I think its unfair because before we took the exam e 65 ung passing then after ng test 75 na. I want to know, what are my rights in this case and what actions i should take. thanks

[rocco69]

what actions i should take?

 

re-enroll the subject

 

Hi,

 

Im a student in a school here in manila, i want to ask about the my situation below:

 

I failed one of my subject and was allowed to take the removal examination. I was under the impression that the passing score for the removal was 65 kc un tlaga ang passing samin. when i got the results it showed na failed ako then when i checked my paper my score was 66. Yun pla it was decided by the dept. of that subject na 75 ung gawing passing. I think its unfair because before we took the exam e 65 ung passing then after ng test 75 na. I want to know, what are my rights in this case and what actions i should take. thanks

[robertbeli]

1. can I demand a damage claim to them while my car is still being repaired.. for my taxi expense?

 

Oo naman, karapatan mo yun eh. Kung magbabayad sila ng taxi expense mo... ibang usapan yun. Kung papayag sila, no problem. Kung hindi sila papayag... mapipilitan kang pumunta sa Question # 2 mo

 

2. can I charge the girl with reckless imprudence resulting to property damage?

 

Yes. Note that the girl was only 17, clearly she does not have a driver's license. Mahihirapan silang lumusot dito.

In fact, dahil menor de edad ang bata, pwede mo ring kasuhan ang magulang for damages sa ilalim ng Art. 2180 ng Civil Code. isa pa, dahil sigurado namang ang magulang ang nagpahintulot sa bata na imaneho ang kanilang sasakyan, pwede mo rin sila (ang magulang) kasuhan ng child abuse (pagpapamaneho ng sasakyan sa menor de edad) sa ilalim ng Sec. 10(a) ng R.A. 7610 in relation to Art. 59(12) ng PD 603.

 

ito lang ang mga kailangang isipin mo:

 

kalimitan, ang gusto lang ng nakabangga ay sagutin ng insurance nila ang damage, ayaw nilang maglabas ng sariling pera (except siguro sa participation, dahil nga kasalanan nila, sasagutin na rin nila yun). kaya para sa taxi expenses mo, malamang sa hindi, di sila papayag.

 

pinakamaganda niyan, magdemand ka ng amount na ibabayad nila sa yo over and above sa pag-ayos ng sasakyan bilang bayad sa perwisyo mo. pag-usapan niyo to, kung tumawad, OK na yun, ibig sabihin payag sila, di lang kayo nagkaka-ayos sa amount.

 

kung ayaw talaga, takutin mo na maghahabla ka - di lang sa anak, pati sa magulang! (gawin mo lang ito kung desidido ka talagang magkaso, humihina lang ang posisyon mo at nagmumukha kang katawa-tawa kung mananakot ka, di mo naman itutuloy)

 

kung ayaw pa rin, ayun, kasuhan mo na. alalahanin mo lang na pag naghabla ka, di nila ipapa-ayos sa insurance ang sasakyan mo (bakit ko ipapa-ayos ang sasakyan mo, hinahabla mo ako, ang magiging mentalidad nila diyan). if you cannot have your vehicle repaired at your expense in the meantime, mahihirapan ka sa kasuhan dahil matagal ito.

 

 

marami pong salamat.. ang galing nyo po

[giboyph]

what actions i should take?

 

re-enroll the subject

 

You mean sir wlang violation dun na changing the passing from 65 to 75?

[skinflix]

Dear Attys of MTC,

 

I figured in a vehicular accident the other day. Myself and the other driver went through the motions- sketch of the incident, police report at Camp Karingal etc. Here are my concerns po.

 

1) The Inspector at Karingal did not indicate in his report who was at fault. He said that it is not in his interest to point at who's fault it was. But when he was explaining to the lady driver and myself his initial findings based on the damage, he was implying that it was the other driver's fault because she was at my blind side and behind me. The lady also claimed that she was at a stop. But the cop said that that could not be based on the directionality of the paint transfer and scratches which indicated that she was also moving forward. Why would he not put in the report these findings? He said that one of us had to admit fault so that the insurance company would grant her claim. Is this true? Shempre, someone at fault would never admit that, especially in an accident. The lady, of course, didn't say it was her fault.

 

2) The vehicle i was driving only has TPL insurance and the other vehicle, I'm assuming, has comprehensive insurance since it was only bought in 2008. Having the police report that was made, will the insurance company of the other driver cover the repair to the damages of my vehicle? The damage on her part was minimal. Just some paint transfer and a little dent on her bumper. Mine on the other hand is pretty bad. The cop said I could file charges if i wanted to but i am aware of the tedious and time consuming legal procedures so that would be my last option. The lady said naman that if the insurance company finds that she was at fault, she would be willing to pay for the damages. This was all verbal, of course. All I have now is a copy of the police report, the lady's license, and vehicle registration. How can I make her comprehensive insurance pay for my damages?

 

3) What do I do if i get f#&ked in all this and the lady and her insurance company won't pay for the damages?

 

Mucho thanks!

[sohryu]

question lng sir. may alam po ba kayo na reference sa building law?..

 

may apartment building po kc d2 (3 stories) pero walang fire exit. i think inferior din ung mga materials n ginamit dahil madaling masira for normal use like door knobs and hinges and the shower pero sa tenant nya sinisisi dahil sila lang daw ang gumagamit nun. may violation po ba ung building? wala rin po silang binigigay na resibo na may TIN.

[Dr_PepPeR]

You mean sir wlang violation dun na changing the passing from 65 to 75?

 

You mean a violation of your rights? There is such a thing as academic freedom. If you feel you have been grievously wronged you can write a letter to the Dean.

[Giancarlo Judge]

Dear Sirs,

 

Please advice.. I resigned from a company last June. I gave them enough notice and serve out and turned over properly all pending jobs to my my replacement. I was even commended by the VP for my professionality in the turn-over process. Several months have passed and they have not issued my clearance as well as given my last pay because I have demo items on loan to a client accounted to me. Items are worth about Php 6,000. Now, they would not give me the EWT (expanded with holding tax) my new employer is requesting. Is this legal?

 

Thanks in advance.

[mlpf]

Dear Attys of MTC,

 

I figured in a vehicular accident the other day. Myself and the other driver went through the motions- sketch of the incident, police report at Camp Karingal etc. Here are my concerns po.

 

1) The Inspector at Karingal did not indicate in his report who was at fault. He said that it is not in his interest to point at who's fault it was. But when he was explaining to the lady driver and myself his initial findings based on the damage, he was implying that it was the other driver's fault because she was at my blind side and behind me. The lady also claimed that she was at a stop. But the cop said that that could not be based on the directionality of the paint transfer and scratches which indicated that she was also moving forward. Why would he not put in the report these findings? He said that one of us had to admit fault so that the insurance company would grant her claim. Is this true? Shempre, someone at fault would never admit that, especially in an accident. The lady, of course, didn't say it was her fault.

 

2) The vehicle i was driving only has TPL insurance and the other vehicle, I'm assuming, has comprehensive insurance since it was only bought in 2008. Having the police report that was made, will the insurance company of the other driver cover the repair to the damages of my vehicle? The damage on her part was minimal. Just some paint transfer and a little dent on her bumper. Mine on the other hand is pretty bad. The cop said I could file charges if i wanted to but i am aware of the tedious and time consuming legal procedures so that would be my last option. The lady said naman that if the insurance company finds that she was at fault, she would be willing to pay for the damages. This was all verbal, of course. All I have now is a copy of the police report, the lady's license, and vehicle registration. How can I make her comprehensive insurance pay for my damages?

 

3) What do I do if i get f#&ked in all this and the lady and her insurance company won't pay for the damages?

 

Mucho thanks!

 

Hi. File a criminal complaint for Reckless Imprudence Resulting in Damage to Property against the lady before the Fiscal's Office. The threat of being criminally charged in court usually motivates erring drivers to settle fast. She will be the one to contact her insurance for the settlement. It is usually the Fiscal who makes a determination of who is probably at fault. In fact, you can ask the traffic investigator to prepare the referral to the fiscal's office. Prepare your complaint-affidavit (or use the statement you prepared before the traffic investigator), attach the sketch and photographs of the damaged vehicle and get a repair estimate for your car.

 

One last thing: if your damage estimate is over P10t and the lady is criminally charged in court, she will be forced to post bail. I don't think the lady will allow it get to that point. She will settle at the level of the fiscal's office.

Edited November 28, 2009 by mlpf

[Pinoymale]

Dear Sirs,

 

Please advice.. I resigned from a company last June. I gave them enough notice and serve out and turned over properly all pending jobs to my my replacement. I was even commended by the VP for my professionality in the turn-over process. Several months have passed and they have not issued my clearance as well as given my last pay because I have demo items on loan to a client accounted to me. Items are worth about Php 6,000. Now, they would not give me the EWT (expanded with holding tax) my new employer is requesting. Is this legal?

 

Thanks in advance.

 

The company may only hold a portion of your salary sufficient to cover the demo items and any other accountables you may have. As to the clearance, if the submission of the demo items is a requisite for issuance of clearances under company rules/regulations then it may withhold the issuance. My advice is either to find a way to return the demo items or just have the value deducted from your last pay so you can move on.

[Kroniklez]

Hey Guys, I need your help.

 

I worked for an English Tutoring school for foreign students here sa Cavite for 2 years as of Oct 2009.

During October 2008 to Present day, the company has been struggling and hasn't paid the 13 month for 2008, and 2009.

 

They also haven't been paying salary on time. We would get our salary maybe 2 weeks late, sometimes 1 month late! As of October 2009, our salary was 2 months late! So I quit due to the circumstances. Am I still eligible for severence pay since I had to stop due to their inability to pay the salary for 2 months? I am still yet to receive my 2 months salary that they haven't paid yet. I've been following up, and the Korean managers just tell me, "Sorry, we don't have money now. If I had, I would give you your money, but please wait til we have money." The school has absolutely no students, and they owe millions to the owner of the building they are renting for they haven't paid them for over a year.

 

What can I do? I'm going to fight for my 13 months for 2008 and 2009,

but am I still eligible for severence?

Edited November 28, 2009 by Kroniklez

[Dr_PepPeR]

Hey Guys, I need your help.

 

I worked for an English Tutoring school for foreign students here sa Cavite for 2 years as of Oct 2009.

During October 2008 to Present day, the company has been struggling and hasn't paid the 13 month for 2008, and 2009.

 

They also haven't been paying salary on time. We would get our salary maybe 2 weeks late, sometimes 1 month late! As of October 2009, our salary was 2 months late! So I quit due to the circumstances. Am I still eligible for severence pay since I had to stop due to their inability to pay the salary for 2 months? I am still yet to receive my 2 months salary that they haven't paid yet. I've been following up, and the Korean managers just tell me, "Sorry, we don't have money now. If I had, I would give you your money, but please wait til we have money." The school has absolutely no students, and they owe millions to the owner of the building they are renting for they haven't paid them for over a year.

 

What can I do? I'm going to fight for my 13 months for 2008 and 2009,

but am I still eligible for severence?

 

From your statement, you resigned, so it appears you are not entitled to retrenchment pay.

[Kroniklez]

From your statement, you resigned, so it appears you are not entitled to retrenchment pay.

Damn..even if I had to resign because I had no more money in my pockets due to their 2month delay of salary? I was wasting money just going to work. I had no choice but to resign to save myself from bills and hunger. So..I don't have any leverage?

[giboyph]

You mean a violation of your rights? There is such a thing as academic freedom. If you feel you have been grievously wronged you can write a letter to the Dean.

 

Ok thanks sir, i think i will try that.

[Dr_PepPeR]

Damn..even if I had to resign because I had no more money in my pockets due to their 2month delay of salary? I was wasting money just going to work. I had no choice but to resign to save myself from bills and hunger. So..I don't have any leverage?

 

Usually only those who are involuntarily separated from the company are entitled to severance pay under the Labor Code. However, you are still entitled to your backwages and the unpaid 13th months. You can always file a case with the DOLE but of course this may take some time and if the company really does not have enough, you may still end up with nothing.

[bicolana]

Dear Legal Minds of MTC,

 

May kapatid po akong nagtrabaho sa Qatar, for almost 5years.

May loan po siya sa isang bangko at mga credit cards.

Dumating po ang panahon na nag-away sila ng amo niya,

Dahil hindi na niya kayang sikmurain ang trato sa kanya,

tumakas siya at umuwi na sa Pinas.

 

Tanong: May natanggap pong text yung isa sa mga inilagay nyang reference

sa kanyang loan, na sinampahan daw siya ng civil case dito sa Pinas

nuong bangko.

Ano po ang maaaring mangyari sa kapatid ko?

 

Maraming salamat po sa inyo, marami po kayong natutulungan.

[rocco69]

Ano po ang maaaring mangyari sa kapatid ko?

 

kung tutoo yung text, ang mangyayari sa kapatid mo ay... may kaso siyang civil dito sa Pilipinas - yun lang!

 

alalahanin mo na dito sa Pilipinas, walang nakukulong dahil sa utang - bawal sa atin yun.

 

kung matatalo siya sa kaso, maaaring habulin ang ari-arian niya (kung me mahahanap ang korte), pero walang kulong.

 

wag lang siyang babalik sa Qatar, dahil doon, sa pagkakaalam ko, me kulong pag di ka nakabayad ng utang

 

Dear Legal Minds of MTC,

 

May kapatid po akong nagtrabaho sa Qatar, for almost 5years.

May loan po siya sa isang bangko at mga credit cards.

Dumating po ang panahon na nag-away sila ng amo niya,

Dahil hindi na niya kayang sikmurain ang trato sa kanya,

tumakas siya at umuwi na sa Pinas.

 

Tanong: May natanggap pong text yung isa sa mga inilagay nyang reference

sa kanyang loan, na sinampahan daw siya ng civil case dito sa Pinas

nuong bangko.

Ano po ang maaaring mangyari sa kapatid ko?

 

Maraming salamat po sa inyo, marami po kayong natutulungan.

[Giancarlo Judge]

The company may only hold a portion of your salary sufficient to cover the demo items and any other accountables you may have. As to the clearance, if the submission of the demo items is a requisite for issuance of clearances under company rules/regulations then it may withhold the issuance. My advice is either to find a way to return the demo items or just have the value deducted from your last pay so you can move on.

 

 

Sir,

Maraming salamat.

[bicolana]

Ano po ang maaaring mangyari sa kapatid ko?

 

kung tutoo yung text, ang mangyayari sa kapatid mo ay... may kaso siyang civil dito sa Pilipinas - yun lang!

 

alalahanin mo na dito sa Pilipinas, walang nakukulong dahil sa utang - bawal sa atin yun.

 

kung matatalo siya sa kaso, maaaring habulin ang ari-arian niya (kung me mahahanap ang korte), pero walang kulong.

 

wag lang siyang babalik sa Qatar, dahil doon, sa pagkakaalam ko, me kulong pag di ka nakabayad ng utang

 

 

Thank you very much for the reply sir :thumbsupsmiley:

[rexroxas52]

Dear Legal Minds of MTC,

 

May kapatid po akong nagtrabaho sa Qatar, for almost 5years.

May loan po siya sa isang bangko at mga credit cards.

Dumating po ang panahon na nag-away sila ng amo niya,

Dahil hindi na niya kayang sikmurain ang trato sa kanya,

tumakas siya at umuwi na sa Pinas.

 

Tanong: May natanggap pong text yung isa sa mga inilagay nyang reference

sa kanyang loan, na sinampahan daw siya ng civil case dito sa Pinas

nuong bangko.

Ano po ang maaaring mangyari sa kapatid ko?

 

Maraming salamat po sa inyo, marami po kayong natutulungan.

 

kung civil case ang isinampa, malamang ay for collection of sum of money ang ikinaso sa kanya.

ibig sabihin, naniningil ang kanyang mga pinagkakautangan sa pamamagitan na ng korte.

[Google]

Dear Legal Minds of MTC,

 

May kapatid po akong nagtrabaho sa Qatar, for almost 5years.

May loan po siya sa isang bangko at mga credit cards.

Dumating po ang panahon na nag-away sila ng amo niya,

Dahil hindi na niya kayang sikmurain ang trato sa kanya,

tumakas siya at umuwi na sa Pinas.

 

Tanong: May natanggap pong text yung isa sa mga inilagay nyang reference

sa kanyang loan, na sinampahan daw siya ng civil case dito sa Pinas

nuong bangko.

Ano po ang maaaring mangyari sa kapatid ko?

 

Maraming salamat po sa inyo, marami po kayong natutulungan.

 

 

tanong ko lang... san yung utang? dito sa pilipinas o sa qatar? kung sa qatar, walang pakielam ang laws ng qatar dito sa laws ng pilipinas and vice versa.

 

pangalawang tanong: ang nakatanggap ba nung text eh yung reference? if yes, that reference can sue the cc and the collector for harassment... hindi naman sya ang may utang ah.

 

pangatlo: hindi basta ganun ang sampahan ng kaso. but if they do, just attend the hearing. may mediation process naman yun eh kung san pwedeng mag negotiate ang two parties.

 

walang kulong ang utang. attachment of properties lang ang pwedeng gawin, but there are exemptions like family home (based on the family code), and things that your brother owns which are used for his livelihood. and napakahabang proseso nyan. mediation, hearings, enforcement. tapos pag nakita ng sheriff na wala namang properties, wala naman pwedeng kunin.

 

to me, the text message is only a threat.... walang laman yan..

[skinflix]

Hi. File a criminal complaint for Reckless Imprudence Resulting in Damage to Property against the lady before the Fiscal's Office. The threat of being criminally charged in court usually motivates erring drivers to settle fast. She will be the one to contact her insurance for the settlement. It is usually the Fiscal who makes a determination of who is probably at fault. In fact, you can ask the traffic investigator to prepare the referral to the fiscal's office. Prepare your complaint-affidavit (or use the statement you prepared before the traffic investigator), attach the sketch and photographs of the damaged vehicle and get a repair estimate for your car.

 

One last thing: if your damage estimate is over P10t and the lady is criminally charged in court, she will be forced to post bail. I don't think the lady will allow it get to that point. She will settle at the level of the fiscal's office.

 

Dear sir,

 

Thank you very much for your help. If it's all right, may I pm you for a more personal legal inquiry?

[Silent Partner]

mga bossing

 

ask ko lng po bago ako umalis to work abroad nag open po ako ng joint account with my girlfriend

now medyo nagkakalabuan kami i was trying to take back my passbook pero ayaw po nya ibigay n

lagi nagtatago sa akin.

 

ano po ba ang legal way para mabawi ko ito o ma withdraw man lang iyung pera ko?

puede po bang mag pa lost passbook ako or mas meron pang legal way, magbabakasyon po

ako this month at gusto kong makuha na ito o ma withdraw ang amount

 

please help naman po !!

[mlpf]

Dear sir,

 

Thank you very much for your help. If it's all right, may I pm you for a more personal legal inquiry?

 

Okay. Go ahead.