legal Free Legal Advice

[enzo88]

If the amount is small enough, the company will most likely write it off as a loss and will not file a case against you but you may find it difficult to get future loans since this will appear on your record when a credit background check is made on you. If the amount is big enough, the company may file a case for sum of money against you. In any case, the company cannot go after any family member since this is a personal obligation of the debtor - unless the family member was a co-borrower.

 

 

thanks for replying

[Pinoymale]

If your company has a grievance procedure, your friend should course his/her complaint through it. During the procedure, s/he can air out the complaint and allow the management to respond. If that doesn't work and your friend still feels aggrieved or the hostile atmosphere continues, s/he may consider seeking legal counsel for assistance.

 

assistance pls...

 

baka may makatulong po...what if an employee is being harassed by a superior..i'm talking of corporate bullying..it's already a law in the Us, Canada, Germany, Finland, Sweden, etc...kaya lang i don't know if there is one here...

 

here are some details RE the harassment:

 

1. public humiliation (as in nagmumura sa harap ng lahat at sinisigawan lagi)

2. always error in tasks (kahit wala mali, may mali ka..kahit obvious iba dept pumalpak, ikaw pa rin ang sisihin...even if you are NOT involved))

3. forced dept'l move (staff and dept taken out from you and you are moved to a lesser area, but not demoted) based on hearsay w/ no actual proof (no hearing done to hear your side)

4. forced your boss to create an Incident Report on you even though there was nothing at all

 

baka may makautlong po...mahirap lang yung friend ko and doesn't have anyone to turn to...i could research but i am not a lawyer...thanks bro/sis!

[Pinoymale]

Since you are the clients, you have the right to request copies of all documents related to your case. If your lawyer refuses/cannot give you the documents you may go to the court and get copies there. As for the case, it may last 10 or more years, depending on the nature and other circumstances. If you are not happy with your atty, you are always entitled to hire a new one.

 

gud day po.

ano po ba ang pwedi kong gawin dahil ang nakuhang abogado ng grupo namin ay tamad o baka nabayaran nga kalaban namin. ang mga motion na dapat isubmit, kung makakasubmit man e late. kaya palagi kailangan naming humingi naman ng motion for reconsidaration. 10 years na ang kaso wala pa ring katiyakan. ayaw nyang ibigay ang mga documents na hawak nya kaya pag kumuha kami nga bagong abogado, bagong acceptance fee na naman at mahihirapan kaming magtipon ng mga evidence.

[Seitekinako]

Hi Guys,

 

My wife and I met about ten years ago and had our first daughter 6 years ago. After about a year, whe had a son. Di pa kami kasal nun and my wife and I had an understanding that before the kids use my last name, dapat kasal muna kami - I understood naman and so I agreed.

 

Now, we got married just this year and we want to proceed with the legalization. Ano mga steps kailangan naming gawin?

 

Thanks in advance!

[rocco69]

Legitimation ang tawag dito (assuming na walang balakid sa pagpapakasal ninyo nung ipinanganak ang mga anak ninyo). Kakailanganin ninyo ang Affidavit of legitimation (may standard form para dito ang Civil Registrar), NSO certified true copy ng birth certificate ng anak ninyo, NSO certified true copy ng marriage certificate ninyo, at NSO Certificate of No marriage (CENOMAR) para sa inyong dalawa (bilang patotoo na wala ngang balakid sa pagpapakasal ninyo sa isa't-isa nung ipinanganak ang mga anak ninyo). Isubmit lahat ng ito sa civil registrar kung saan nakarehistro ang mga anak ninyo.

 

 

Hi Guys,

 

My wife and I met about ten years ago and had our first daughter 6 years ago. After about a year, whe had a son. Di pa kami kasal nun and my wife and I had an understanding that before the kids use my last name, dapat kasal muna kami - I understood naman and so I agreed.

 

Now, we got married just this year and we want to proceed with the legalization. Ano mga steps kailangan naming gawin?

 

Thanks in advance!

[Seitekinako]

Legitimation ang tawag dito (assuming na walang balakid sa pagpapakasal ninyo nung ipinanganak ang mga anak ninyo). Kakailanganin ninyo ang Affidavit of legitimation (may standard form para dito ang Civil Registrar), NSO certified true copy ng birth certificate ng anak ninyo, NSO certified true copy ng marriage certificate ninyo, at NSO Certificate of No marriage (CENOMAR) para sa inyong dalawa (bilang patotoo na wala ngang balakid sa pagpapakasal ninyo sa isa't-isa nung ipinanganak ang mga anak ninyo). Isubmit lahat ng ito sa civil registrar kung saan nakarehistro ang mga anak ninyo.

 

 

 

 

Thanks!

[enkil]

If your company has a grievance procedure, your friend should course his/her complaint through it. During the procedure, s/he can air out the complaint and allow the management to respond. If that doesn't work and your friend still feels aggrieved or the hostile atmosphere continues, s/he may consider seeking legal counsel for assistance.

 

thanks so much for the reply...one challenge though is i can personally attest that going through the grievance procedure IS gonn abe a bitch (pardon moi French)...my friend's "bully" IS the president of the company...so the poor individual's in tough crap, so to speak...will the grievance be heard then? any almost free legal assistance to go to?

 

THANK YOU ONCE AGAIN PINOYMALE!!! best of days!

[Pinoymale]

Hmm, if the bully is none other than the company president then your friend is, to put it politely, in deep doggie doodoo. Nonetheless, I still recommend using the grievance procedure if for no other reason than to put it on record. Your friend should list down all the acts which s/he feels violates her rights. As a last resort, your friend may resign and file a case of constructive dismissal due to the hostile environment created by the president -- this is of course an extreme step and should only be taken if there are no other alternatives. As a word of caution, I've handled enough labor cases to know that a case is never as strong as the party thinks it is and cases are frequently decided on "factors" other than merits.

 

The company's labor union should be able to provide free legal advice to the employees. There are also radio programs with lawyer-hosts your friend call and get legal advice from.

 

 

thanks so much for the reply...one challenge though is i can personally attest that going through the grievance procedure IS gonn abe a bitch (pardon moi French)...my friend's "bully" IS the president of the company...so the poor individual's in tough crap, so to speak...will the grievance be heard then? any almost free legal assistance to go to?

 

THANK YOU ONCE AGAIN PINOYMALE!!! best of days!

[virtuoso2022]

hi sirs...i had a motorcyle accident last january with a taxi cab. it was established in the police report that it was the cab's fault becuase he counterflowed o my direction. Pero naawa ako sa taxi driver dahil mahirap ang buhay and he assisted me also papuntang hospital.

 

hi promised me to pay for the damages,but nakiusap syang kung pwedeng hulugan monthly nlng ang pagbayad at least P500, dahil ayaw syang tulungan ng operator nya...gusto pa nga syang sisantehin dahil daw dun sa aksidente.

 

my problem is..though he gave all his contact info including his address, nataguan na ata ako kse inde na sya macontact, at yung promise na nya idaan skin ang hulog (na mukha imposible nga) ay malabo na. ano kya mga sirs ang pwede kong legal move dito? can i also sue the operator?

[mlpf]

hi sirs...i had a motorcyle accident last january with a taxi cab. it was established in the police report that it was the cab's fault becuase he counterflowed o my direction. Pero naawa ako sa taxi driver dahil mahirap ang buhay and he assisted me also papuntang hospital.

 

hi promised me to pay for the damages,but nakiusap syang kung pwedeng hulugan monthly nlng ang pagbayad at least P500, dahil ayaw syang tulungan ng operator nya...gusto pa nga syang sisantehin dahil daw dun sa aksidente.

 

my problem is..though he gave all his contact info including his address, nataguan na ata ako kse inde na sya macontact, at yung promise na nya idaan skin ang hulog (na mukha imposible nga) ay malabo na. ano kya mga sirs ang pwede kong legal move dito? can i also sue the operator?

 

If you wish to file a criminal case for Reckless Imprudence Resulting in Damage to Property before the Fiscal's Office, you can run after the driver only. The operator cannot be charged criminally. The operator can be held only civilly liable after the driver has been found guilty and is unable to pay. Matagal na proseso po ito. Moreover, the driver most likely will not have any money to pay you. If you wish, go after the operator directly by filing a civil case for damages against him in court. The operator will most likely try to settle.

 

You have 2 options: (1) You can file a criminal case against the driver before the Fiscal's Office. You may be able to throw the driver in jail and run after the operator for damages only after the driver is found guilty. This will take a long time. (2) File a civil case against the operator directly in court. This process will be faster. I recommend the second option if you only plan to recover damages and not throw the driver in jail.

[pogi1119]

Hi,

 

On my job offer, my prospective (a foreigner planning to open Phil. Office) employer asked me what I was getting from my previous employment with regards to Leaves. I then said 15 VL, 15 SL. Then employer accepted, hired me and gave sent me employment contract for my evaluation. Later on when I told him I'm about to sign, he then said not to sign 1st as he is drafting another one. Then came the bombshell, he reduced our previously agreed 15 VL, 15 SL to 5 VL, 5 SL. His defense, this is legal in terms on Phil. Labor law. When I countered what about what we agreed during the job offer, he answered that he was ignorant about Phil Labor Law at that time..

 

Now, my points:

1. He agreed to my terms during the JO

2. Its not my fault about his claimed ignorance. He should have researched in the 1st place.

3. Now that he has made me resign from my previous job to join him, he is now "changing the rules"

4. As far as I know:

Contract terms can come from a number of different sources; for example they could be:

- verbally agreed

- in a written contract, or similar document

- in an employee handbook or on a company notice board in an offer letter from your employer

 

So what now, do I have a legal or at least ethical basis to contend this unilateral employment contract modification, or I just have to suck this up?

 

Note, that whatever happens to me will also be the same to my staff.

 

And yes, I know the boss is a dick. But can I legally, ethically or at least logically fight this onslaught for my staff and myself?

 

Thanks

[virtuoso2022]

If you wish to file a criminal case for Reckless Imprudence Resulting in Damage to Property before the Fiscal's Office, you can run after the driver only. The operator cannot be charged criminally. The operator can be held only civilly liable after the driver has been found guilty and is unable to pay. Matagal na proseso po ito. Moreover, the driver most likely will not have any money to pay you. If you wish, go after the operator directly by filing a civil case for damages against him in court. The operator will most likely try to settle.

 

You have 2 options: (1) You can file a criminal case against the driver before the Fiscal's Office. You may be able to throw the driver in jail and run after the operator for damages only after the driver is found guilty. This will take a long time. (2) File a civil case against the operator directly in court. This process will be faster. I recommend the second option if you only plan to recover damages and not throw the driver in jail.

 

thanks a lot mlpf...god bless

[Arneeious]

Is there any complaint, civil or even criminal, that a wife can file against her husband's mistress without involving the husband?

[mlpf]

Is there any complaint, civil or even criminal, that a wife can file against her husband's mistress without involving the husband?

 

Sorry, if the wife wishes to file a criminal complaint for Concubinage, she has to include both the husband and his mistress. If the wife wishes to file a civil complaint for damages only, I think it is possible not to include the husband as a defendant. However, the wife may have a hard time proving her case without her husband's cooperation.

[swami]

Is there any complaint, civil or even criminal, that a wife can file against her husband's mistress without involving the husband?

 

Yap, a civil complaint for alienation of spouse's affection. I'm afraid a criminal complaint won't be possible without including the husband.

[Arneeious]

Thank you for the replies. What kind of civil complaint can the wife file? Is there a specific case that can be filed against a homewrecker?

[swami]

Thank you for the replies. What kind of civil complaint can the wife file? Is there a specific case that can be filed against a homewrecker?

 

As I said, it's called "Complaint/Action for Alienation of Spouse's Affection". It's authorized by the provisions on Human Relations of the Civil Code.

[MNdMud4s3x]

tanong po mga lawyers

 

anu dapat gawin pag nagkamali ang entry sa birthc ertificate, male nalagay, female naman siya. anu po dapat gawin don.

[Pinoymale]

tanong po mga lawyers

 

anu dapat gawin pag nagkamali ang entry sa birthc ertificate, male nalagay, female naman siya. anu po dapat gawin don.

 

You have to file a Petition for Correction of Entry in the RTC in the city where the birth cert was registered. This is a simple case which shouldn't take too long to resolve.

[freelicker]

Another alternative would be to go to your local civil registrar and have it corrected. There is a process where if the error is clearly just clerical, it can be corrected by mere affidavit.

[Itto Ogami]

good morning, GM-lawyers.

 

simple question lang po:

can a supermarket compel you to produce

a receipt of goods bought before you

exit their premises?

 

na-hassle lang ako kanina after buying

from SaveMore. the receipt was inside my

wallet which was inside my bag.

needless to say, it was quite a hassle

to get it out.

 

i read somewhere WalMart (US) had a

similar practice and consumers protested

against it.

 

tia!

[lomex32]

You may also visit LTFRB and file a formal complaint against the driver and operator

 

LTFRB will summon them and they will be meted with suspensions for at least 2 months up to 6 months

 

in this way mapapaaga ang areglo nila ... imagine no income for 2 months, impound vehicle

 

bring your police report

hi sirs...i had a motorcyle accident last january with a taxi cab. it was established in the police report that it was the cab's fault becuase he counterflowed o my direction. Pero naawa ako sa taxi driver dahil mahirap ang buhay and he assisted me also papuntang hospital.

 

hi promised me to pay for the damages,but nakiusap syang kung pwedeng hulugan monthly nlng ang pagbayad at least P500, dahil ayaw syang tulungan ng operator nya...gusto pa nga syang sisantehin dahil daw dun sa aksidente.

 

my problem is..though he gave all his contact info including his address, nataguan na ata ako kse inde na sya macontact, at yung promise na nya idaan skin ang hulog (na mukha imposible nga) ay malabo na. ano kya mga sirs ang pwede kong legal move dito? can i also sue the operator?

Edited May 19, 2010 by lomex32

[Pinoymale]

Another alternative would be to go to your local civil registrar and have it corrected. There is a process where if the error is clearly just clerical, it can be corrected by mere affidavit.

 

 

I also thought this was another option but when I checked the law on administrative correction, it states: "Provided, however, That no correction must involve the change of nationality, age, status or sex of the petitioner."(sec. 2)

[Pinoymale]

good morning, GM-lawyers.

 

simple question lang po:

can a supermarket compel you to produce

a receipt of goods bought before you

exit their premises?

 

na-hassle lang ako kanina after buying

from SaveMore. the receipt was inside my

wallet which was inside my bag.

needless to say, it was quite a hassle

to get it out.

 

i read somewhere WalMart (US) had a

similar practice and consumers protested

against it.

 

tia!

 

I'm not aware of any law which prohibits this but I think it would be easy for supermarkets to justify this by saying that it's a reasonable safety measure to deter shoplifting.

[Itto Ogami]

I'm not aware of any law which prohibits this but I think it would be easy for supermarkets to justify this by saying that it's a reasonable safety measure to deter shoplifting.

 

thanks, master.

i guess what pisses me off with this practice

is that it smacks of profiling (parang sa Arizona ).

 

i don't see them doing it sa mga naka-posturera na shoppers

pero sa mga naka-pambahay lang na nagsa-shop sa kanila, eh,

may discrimination sila.