legal Free Legal Advice

[deejaybaby69]

is it right to cancel our vacation leave, in which we already plotted the said leaves 3 mos on advance?

[rocco69]

cancel? as in, no more vacation? or is it just postponement to another time?

 

if cancellation of vacation leave (as in, starting today, employees will no longer be entitled to vacation leave), the same would be illegal and contrary to law, as Art. 100 of the Labor Code prohibits the elimination or diminution of benefits already being enjoyed by employees.

 

if, on the other hand, management is requiring you to work on the days that you had already planned for your vacation (but is saying that you can take a vacation on some other date), it depends on the reason why. Cancellation would be allowed for emergencies and exceptional conditions at work, which require your presence (e.g. you are being made to work to prevent serious loss of perishable goods; in case of urgent work to be performed on machineries to avoid serious loss to the employer; etc). Of course, you would have to be paid extra for working on these days (additional 30% of regular wages, plus reimbursement for other damages that you suffer, e.g. forfeited tickets.

 

However, if there is no valid reason for cancellation of your vacation leave, the cancellation would be illegal.

 

 

 

 

is it right to cancel our vacation leave, in which we already plotted the said leaves 3 mos on advance?

[deejaybaby69]

its cancellation po and i can re-file it some other time, well the reason why i filed this leave its because of my parental duty to my youngest daughter's enrollment, and they notified me just today, and my supposedly vl would be tomorrow...di ba sobra inconsiderate nila?

 

 

cancel? as in, no more vacation? or is it just postponement to another time?

 

if cancellation of vacation leave (as in, starting today, employees will no longer be entitled to vacation leave), the same would be illegal and contrary to law, as Art. 100 of the Labor Code prohibits the elimination or diminution of benefits already being enjoyed by employees.

 

if, on the other hand, management is requiring you to work on the days that you had already planned for your vacation (but is saying that you can take a vacation on some other date), it depends on the reason why. Cancellation would be allowed for emergencies and exceptional conditions at work, which require your presence (e.g. you are being made to work to prevent serious loss of perishable goods; in case of urgent work to be performed on machineries to avoid serious loss to the employer; etc). Of course, you would have to be paid extra for working on these days (additional 30% of regular wages, plus reimbursement for other damages that you suffer, e.g. forfeited tickets.

 

However, if there is no valid reason for cancellation of your vacation leave, the cancellation would be illegal.

[chantal777]

1. if I quit, will I still be entitled to a separation pay?

 

No. You RESIGNED. Resignation = no separation pay. Ergo, wait until they terminate you. Termination for authorized cause = separation pay (except for closure due to business losses)

 

 

2. If they offer me a new position, which I turn down, will I still be entitled to a separation pay?

 

Re-assignment of an employee to a new position (if there is no reduction in pay and other benefits) is a management prerogative. Refusal to comply would be insubordination, which justifies the termination of an employee. Insubordination = just grounds for removal = no separation pay.

 

 

 

Thanks for the tip!

[saracrew]

I just came from a maternity leave. I went back to work on June 18, 2011. We are being paid semi-monthly, with a cut-off period of 9th-23rd and 24th-8th of each month. So this 30th of June, my salary is covering the cut-off of 9th-23rd of the month. My salary was computed as five days of work (18-22, 23rd being rest day) and nine days of absence. (9-17) We get paid P9, 000 semi-monthly. So my net pay for the 30th was just more than P1, 500.00. Our finance manager was insisting that their computation was correct because I was "absent" during the days I was on my ML. They said that SSS all ready paid me on those days, so they have to deduct those days against my salary. I need help on what to do. Was that even legal? Thanks!

[HardOn]

Sir Rocco,

 

Ako po ay may katanungan sa inyo subalit ito ay naka-PM. Sana po ay mabigyan ninyo ng pansin.

 

Salamat ng marami

[HardOn]

Sir Rocco,

 

 

Maraming salamat sa iyong sagot. Nagpadala uli ako ng PM sa iyo. Sana ay mabasa mong muli

[jopoc]

saang website po ba malalaman yun?

 

 

sorry for the very late reply

 

 

here it is

[HardOn]

Good day!

 

Sir Rocco,

 

Follow up ko lang po yun PM ko. Nagbura na rin ako ng mga messages sa inbox. napansin ko kasi na full na. baka kako nagreply ka na ngunit hindi pumasok. Salamat

[matrim777]

I would like to seek your advice, sirs. Here's my story:

 

In 2004, I had my wife and I were having problems with our marriage. It came to a point that it was unbearable for both of us. I got depressed, lost my job and moved away from my wife. She then proceeded to file an annulment case which was approved in 2008. I just received confirmation of this and secured Certified True Copies of the annulment documents from the City's Civil Registry office where the annulment was filed. So today, I am officially single. According to the legal documents, my ex-wife has been granted custody of our children and I am ordered by the court to support my children financially, which I am very willing to do.

 

But my question is not about annulment. You see, back in 2004, I had two credit cards which I was not able to pay off due to the fact that I lost my job. I haven't been able to secure a stable job through the years, only sideline jobs which paid paltry sums that are oftentimes not enough to meet my own needs. I cannot prioritize paying off my credit card debts since I need to secure a decent job first. I am now looking for a job and trying to get my pre-employment credentials. Recently, I went to a certain mall to secure my NBI clearance. Not surprisingly, since it's been 7 years, their machine cannot read the barcode of my old NBI clearance. I was told that I need to go to the head office to secure a new NBI Clearance.

 

I am hesitant, though, because I am afraid of being arrested in case the credit card companies have filed a case against me using RA 8484. All the credit card demand letters were sent to my old residence in 2004, which were returned to sender by the new tenants.

 

So now, I'm stuck. I really want to start working again and support my children. I do not know what to do. I hope someone here could enlighten me about the steps I should take so I can start working again to support my children. Can you please, dear sirs, give me your advice?

 

Respectfully yours...

[TheGeneral]

sir, i'm no lawyer... but i firmly believe there's no way you can be arrested for unpaid credit card bills. they can only demand and demand. it's not like the bouncing check law nor an estafa case...

[ko5he4]

good pm. tanong ko lang kumg makukuha mo yung details sa isang bank acct number.

 

yung kaibigan ko kasi may binili online nagbayad thru bank pero hindi pinadala yung item worth 3000 po, mahahabol kaya yun??

[matrim777]

sir, i'm no lawyer... but i firmly believe there's no way you can be arrested for unpaid credit card bills. they can only demand and demand. it's not like the bouncing check law nor an estafa case...

 

Pero hindi nga ba papasok as an estafa case ang non-payment of credit card bills as applied in my case?

[redax]

Pero hindi nga ba papasok as an estafa case ang non-payment of credit card bills as applied in my case?

Delikado ka nga under RA 8484 dahil baka puede ka in violation of Prohibited Acts Sec. 9 Par. j) obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter"

 

Sec. 3 Definition of terms (a) Access Device – means any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunications service, equipment, or instrumental identifier, or other means of account access that can be used to obtain money, good, services, or any other thing of value or to initiate a transfer of funds (other than a transfer originated solely by paper instrument);

 

Under Sec. 14: A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application or credit card, without informing the credit card company of the place where he could actually be found, if at the time of such abandonment or surreptitious leaving, the outstanding and unpaid balance is past due for at least ninety (90) days and is more than Ten thousand pesos (P10,000.00), shall be prima facie presumed to have used his credit card with intent to defraud.

 

Penalty Under Sec. 10: (a) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, whichever is greater and imprisonment for not less than six (6) years and not more than ten (10) years, in the case of an offense under Section 9 (-(e), and (g)-(p) which does not occur after a conviction for another offense under Section 9"

[jopoc]

credit card companies normally dont file RA 8484. try mo pa rin to secure an NBI Clearance. kung may Hit (or cases) ka talaga, bailable naman yan.

[bonito99]

@MOD NOTE:

 

Please do NOT use "Text-Style" spelling when posting.

 

Thank you.

[nok]

sirs/maams, advice po sana...may laban ba ko kung kasuhan ko(estafa ba ang kaso?) yong pinagkatiwalaan ko na tao na magpa utang kami(sa akin ang capital, sya ang hahanap ng mga uutang at maniningil), pero di na sya nakakapaghulog saken.. nong unang mga linggo maganda ang bigay...bigla nalang hindi na naghuhulog..mag one year na..hindi naman kalakihan ang pautang pero naaasar ako sa panloloko na ginawa nya..(baranggay ba muna ako lalapit? sa police station? o abogado?)

 

*ang dahilan nya nong una..wala daw nabibigay sakanya sa mga nangutang..pero may nakapagsabi na nasingil na nya..may listahan ako na sinabi nyang pinautang nya..walang pirmahan kami..gusto ko lang maturuan ng leksyon..salamat

[MNdMud4s3x]

Delikado ka nga under RA 8484 dahil baka puede ka in violation of Prohibited Acts Sec. 9 Par. j) obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter"

 

Sec. 3 Definition of terms (a) Access Device – means any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunications service, equipment, or instrumental identifier, or other means of account access that can be used to obtain money, good, services, or any other thing of value or to initiate a transfer of funds (other than a transfer originated solely by paper instrument);

 

Under Sec. 14: A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application or credit card, without informing the credit card company of the place where he could actually be found, if at the time of such abandonment or surreptitious leaving, the outstanding and unpaid balance is past due for at least ninety (90) days and is more than Ten thousand pesos (P10,000.00), shall be prima facie presumed to have used his credit card with intent to defraud.

 

Penalty Under Sec. 10: (a) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, whichever is greater and imprisonment for not less than six (6) years and not more than ten (10) years, in the case of an offense under Section 9 (-(e), and (g)-(p) which does not occur after a conviction for another offense under Section 9"

 

 

 

 

actually madali lang lusutan yang 8484, by way of defense, just allege that you neither abandon nor surreptitiously leave the place stated in your credit card application. besides, assuming that a case is filed and a warrant is issued againts you, without a copy of the warrant to be implemented, NBI cannot just arrest you. i agree with jopoc, go to the NBI and get clearance. Mas maganda nga ngayon kasi nagkakagulo records nila and you can get the clearance without having you cases recorded. that is if NBI's problem with their IT is not yet resolved.

Edited August 5, 2011 by MNdMud4s3x

[angelose13]

guys... walang nakukulong by means of ndi nakakabayad ng utang... ang stafa ay panloloko para makakuha ka ng pera... parang swindlers ganun... kunware sabi mo oficer ka ng isang recrument agency tapos nid mo magbayad para makapasok ka... isang kaso dito ay estafa... anu pa? ung nakukuha mong mga txt na nagsasabing nanalo ka ng house and lot pero nid mo muna magbayad ng 10k estafa un...

 

@chaser... kung merun kng balak na magtayu ng pautangan... mas maganda kumuha ka ng lawyer para gumawa ng draft ng isang contract para incase na ndi maka bayad mga nang uutang sayu merun kng colateral...

pwede mo lng ireclamo ung nangungutang sa barangay kung maliit lng yan... pa umakyat sa court atlist merun kng contrata para mapakitang evidens...

 

sa mga merun utang... ndi kayu makukulong... wag lng kayu magbayad ng utang sa pamamagitan ng cheke tapos nag bounce pa un patay tayu jan... under un ng bouncing chek law... pwede ren grounds un ng estafa depende sa ginawa mo kung merun act of panloloko...

 

ang magagawa lng ng korte para sainyu na merun utang or pinagka utangan lalo na kung verbal agreement lng ay... gawan kayu ng agreement kung papaano bayaran utang nyo... or mapatunayan na wala kayung utang... (kaya namen yan hahaha kung verbal agreement lng chiken un)

 

 

im a legal asistant of a lawfirm and a 3rd yr law student... kung merun magaling na lawyer jan he can say otherwise sa sinabe ko

[draizen]

Mga Sir,

 

I was recently involved in a vehicular accident, i immediately rushed the victim to phil ortho and she suffered multiple fractured bones. We agreed that i will shoulder all of her medical expenses and that will cost me around 200 to 300 thousand. My problem is aside from paying their medical expenses they are asking me to shoulder even their food and fare. I am just a regular employee my salary is only enough to cover for my families expenses. Do I really need to cover even their food at the hospital and their fare? Please advice. thank you

[Roubaix]

Mga Sir,

 

I was recently involved in a vehicular accident, i immediately rushed the victim to phil ortho and she suffered multiple fractured bones. We agreed that i will shoulder all of her medical expenses and that will cost me around 200 to 300 thousand. My problem is aside from paying their medical expenses they are asking me to shoulder even their food and fare. I am just a regular employee my salary is only enough to cover for my families expenses. Do I really need to cover even their food at the hospital and their fare? Please advice. thank you

 

No you don't.

 

I say offer a lump sum and make them a waiver and quit claim. You are not bound to food and fare of the family members. It is hard to pay monthly. Talk straight to the hospital. Arrange the payment of the medical fees with them. But only do it after they sign a waiver and quit claim.

 

The hard thing about not paying is that they may file a Reckless Imprudence case resulting to physical injuries. The prosecutor's office will almost always mature that to a criminal case which is worse than paying them off with a lump sum combined with a quit claim.

 

It's better to borrow that lump sum from a bank (don't go to a money lender, that is even worse!) then pay the installment to the bank.

 

Good luck

[MNdMud4s3x]

pano po kaya ito? c mr j me property na 2.5 h.a. ang size worth 2.5illion pesos, me nag offer sa kanya bulimi for a consideration of 3m, to be used as a school site, what r his tax liabilities?

 

a.what r his liabilities on the income tax he earned?

b. can he use d income tax payment as a deduction from his gross income?

c.ano pa po kaya ang kanyang other payment options? salamat po

 

sorry for the very late reply. sana makatulong pa rin.

a. he has a final income tax liability of 6% of the contract price.

b. he cannot claim decuctions because it is the buyer who can invoke exemption, not the seller. remember that the one to use the lot exclusively for educational purposes is the buyer and not the seller, so the seller is to pay the tax in full.

c. no other payment options but to settle the final income tax.

[draizen]

No you don't.

 

I say offer a lump sum and make them a waiver and quit claim. You are not bound to food and fare of the family members. It is hard to pay monthly. Talk straight to the hospital. Arrange the payment of the medical fees with them. But only do it after they sign a waiver and quit claim.

 

The hard thing about not paying is that they may file a Reckless Imprudence case resulting to physical injuries. The prosecutor's office will almost always mature that to a criminal case which is worse than paying them off with a lump sum combined with a quit claim.

 

It's better to borrow that lump sum from a bank (don't go to a money lender, that is even worse!) then pay the installment to the bank.

 

Good luck

 

Thank you for your response. I already tried to offer them a lump sum and they refuse. They want me to shoulder all of their medical expenses and they even confined the patient to medical city the doctor game me quotation that it will cost around 700 thousand. I dont have that kind of money. Im just wondering, if ever they file a case against me and i lost can i ask for a probation so that i wont need to serve my sentence in jail? what reward can the judge gve them if i dont have any assets under my name? thank you

[superboym16]

Help...i need your advice.

pwede pa po bang magfile ng case kahit isang taon na ang nakalipas?

[Pinoymale]

Help...i need your advice.

pwede pa po bang magfile ng case kahit isang taon na ang nakalipas?

 

Ano balak mo i-file? Depende kasi kung anong complaint ang gusto mo i-file.