legal Free Legal Advice

[markusbrutus]

Hello guys. I posted this on my facebook:

"College of (name of college) ng (name of public university): mini-Napoles ba tayo diyan amputah. Hoy! Mga kasama diyan! Tama na kubra! p#tang$na naman eh! Turo lang nang turo! Puro yata pera eh! Kininginangsanamagangademit naman."

 

I am also a teacher in the university but I belong to a different college. I posted this while emotionaly intoxicated by confirmed reports that the said college "solicited" money from students but was implemented as mandatory payment. I am now being complained administratively (libel) by the dean of the college. My defense is that one of the four elements of libel is not present viz. identity of the person. The college has no juridical personality because it cannot act on its own or enter into contracts because it is made through the university, which has juridical personality.

Aside from, settling through begging for forgiveness, any legal advice?

Thank you.

 

Hello....

 

I am not a law student, but let me share this with you>>>

 

In the case of Corpus vs. Cuaderno, Sr. (16 SCRA 807) the Supreme Court ruled that “in order to maintain a libel suit, it is essential that the victim be identifiable (People vs. Monton, L-16772, November 30, 1962), although it is not necessary that he be named (19 A.L.R. 116).” In an earlier case, the high court also declared that” … defamatory matter which does not reveal the identity of the person upon whom the imputation is cast, affords no ground of action unless it be shown that the readers of the libel could have identified the personality of the individual defamed.” (Kunkle vs. Cablenews-American and Lyons 42 Phil. 760).

 

Meaning, kahit di siya napangalanan, you could still be charged kung makikilala ng tao ang pinapatungkulan ng post mo. And maybe, the dean charged you with libel, kasi it is his college that you have posted against... baka iniisip niya siya yung pinapatungkulan mo since the college is under his direct supervision. I don't know the background of what really happened, but if it was the dean who ordered such payments to be collected, people will link him to your post. Hence he is suing you for libel because of this.

 

Again, I am no expert but nonetheless I am offering my two cents. PAO is always for free so you could always ask them for legal advice.

 

Be well. Regards

[greenapples]

Mga Sir I hope you can enlighten me with this problem. Noong nakaraang bagyo kasi nilipad ung ilang yero namin. Napunta sya sa katabing bahay namin na under renovation parin so wala paring nakatira. Pinakuha sya ng ermats ko sa pinsan ko. Now kaninang hapon pumunta ung may ari nung property claiming na nawawala ung mga kumot nila, towels and dvd player and stereo. Basically sinasabi nila na kami ang kumuha. And ang proof nila for that at ang dinidiin nilang point is trespassing daw kasi kami. Sa barangay hall palang nila kami pinapapunta. Ang tanong ko po trespassing po ba un? Even with those circumstances. And could they file a case of theft just because dun sa trespassing na sinasabi nila? Lastly, what complaint could I file against them since they are accusing my mother of theft ng walang matibay na evidence? Maraming salamat! Hay buhay! 0_0

[Pinoymale]

Mga Sir I hope you can enlighten me with this problem. Noong nakaraang bagyo kasi nilipad ung ilang yero namin. Napunta sya sa katabing bahay namin na under renovation parin so wala paring nakatira. Pinakuha sya ng ermats ko sa pinsan ko. Now kaninang hapon pumunta ung may ari nung property claiming na nawawala ung mga kumot nila, towels and dvd player and stereo. Basically sinasabi nila na kami ang kumuha. And ang proof nila for that at ang dinidiin nilang point is trespassing daw kasi kami. Sa barangay hall palang nila kami pinapapunta. Ang tanong ko po trespassing po ba un? Even with those circumstances. And could they file a case of theft just because dun sa trespassing na sinasabi nila? Lastly, what complaint could I file against them since they are accusing my mother of theft ng walang matibay na evidence? Maraming salamat! Hay buhay! 0_0

 

It's possible that there is a case for trespassing since your cousin entered the property without consent or permission. As a defense, you can claim that retrieving the item was urgent because it would have caused further damage to the homeowner's property if not immediately removed. As to the claim of theft, it's not enough to claim the items are missing, the homeowner must prove that it was your cousin who stole them. If there are no witnesses, it would be very difficult to prove this. You can file a counter-claim for damages but, to be honest, this seldom prospers.

[greenapples]

It's possible that there is a case for trespassing since your cousin entered the property without consent or permission. As a defense, you can claim that retrieving the item was urgent because it would have caused further damage to the homeowner's property if not immediately removed. As to the claim of theft, it's not enough to claim the items are missing, the homeowner must prove that it was your cousin who stole them. If there are no witnesses, it would be very difficult to prove this. You can file a counter-claim for damages but, to be honest, this seldom prospers.

Maraming salamat Sir sa reply. I will keep this in mind for Tuesday. I really think gusto lang nila kaming pagkaperahan. Kaya I think on Tue I will just tell them na hindi ako makikipagsettle and na kung gusto nila magfile ng complaint, magfile nalang sila. Worst case they'll file for trespassing since walang matibay na ebidensya for theft. Pero hindi ko parin magets na trespassing yun. Kasi I asked a lawyer about it hindi daw un trespassing since wala namang nakatira dun lalo na't tinigil nga ung paggawa ng bahay. Basically dingding and ung some part may bubong tapos ung ibang part wala.

[orionpax]

If only you can file libel/defamation suit against a member of this board...hahaha. Ang dali nga naman magtago sa anonymous handles and alternicks

Edited October 29, 2013 by orionpax

[ChiliMac]

Question po.

 

A friend of mine and her companion was held up at knife point in the lobby of a building where her employer is a tenant. It happened at 5 in the morning and the men who held them up was also inside the lobby, there were no security personnel by the building present when it happened. Can they file a complaint for damages against the owner of the building for being negligent since their contracted security was not able to secure the premises? I have read cases regarding Torts particularly quasi-delicts but I have yet to find a similar case with the same facts, most of which are "vehicular accidents". Thanks in advance.

[yellowjacket]

Good day po.

 

hingi lang po advise. yun utol ko my kabit at dalawa anak. hiwalay sya sa asawa. nahuli sya sa bahay ng kabit nya ng ex-wife nya. eskandalo derecho. sa loob ng bahay nagsampalan dalawa ex-wife at kabit. nagbanta na ipakukulong sila dalawa ng ex-wife.

 

Question po:

1. ano pong kaso ang pwede harapin ng utol ko?

2. pwede po ba sya kasuhan ng ex-wife kung hiwalay na nga ba sila?

3. pwede ba sya kasuhan ng ex-wife kung may legal wife ang utol ko (sa first wife hiwalay na rin nasa abroad)

4. kasal din sila ng ex-wife dahil sabi ng ex-wife (sya nagprocess ng papers sa huwes para makasal sila) wala daw sya record ng kasal sa una asawa sa munisipyo (ayon sa ex-wife). sa maling sabi nagpakasal sila dahil single pala sya (ayon sa ex-wife) at may isang anak na rin sila. pwede ba mawalan ng karapatan ang ex-wife sa mga naipundar nya kung mapatunayan na valid pa rin pala ang unang kasal?

5. sa pag eskandalo sa kanya ng ex-wife in public pwede ba nya ireklamo ito at kasuhan din?

 

Thank you in advance mga sir!

[Marcog]

TS, I would like to ask a legal opinion. If one was appointed as an Interim Manager last July 2012 and was given a memo last April 15, 2013 that his services will only be good until the end of the month of April 2013, does he have the same rights of a regular employee since he has served the company for more than 6 months? Can the individual ask for back wages on the ground of illegal termination?

 

We cannot assume that this is an illegal termination because we do know the grounds of termination or his employment status. My advise is check first his employment status and contract. Next is identify the nature of the termination. With these, we can have a better guage if its illegal or not.

[azazel_six]

i'd like to get an idea on what to do with my legal issue. ive been working for about 8 years already and recently just found out that my SSS has a problem when i decided i'd like to take out a loan with them. even though my SSS has the proper deposits from all the companies that i've been in. but the problem is that they have my name wrong. and to make it worse, they have my sex as female. im a guy and they accidentally encoded my name wrong and got my gender wrong.

 

so i guess my question is what is the best way to approach this problem? what legal papers would i have to aquire?

[jakewise]

We cannot assume that this is an illegal termination because we do know the grounds of termination or his employment status. My advise is check first his employment status and contract. Next is identify the nature of the termination. With these, we can have a better guage if its illegal or not.

 

Sir Marcog,the grounds of termination is that he was not able to bring in the required quota of sales as an Interim Regional Manager from the time of the appointment which is July 2012 up to April 2013 despite his reasoning that he was only given a presentable office which had an office blessing only last April 12, 2013 and by Monday, April 15, 2013, he received an email that his services will only be until April 30, 2013 due to the above mentioned reason. Without a presentable office, he said that no one will invest as they might think that it is a scam, which is understandable but not to the upper management, hence, his termination.

 

With regard to his employment status, he only has the interim appointment as Regional Manager wherein one of the stipulations stated that he will be given a company car, and yet, he was never given one which I believe is breach of contract? Am I correct on this?

[chaos122512]

Hey... I was just wondering if someone here can advise me on a legal matter... Let me tell you guys a short story first... One of my friends now (female) whom I'm getting quite fond of was raped a year ago by her boyfriend for six (6) years... She gave birth to a very beautiful child just this year... My friend doesn't want to press charges, taking into consideration that her parents are both suffering from heart ailments and the knowledge of what transpired might end her parents lives... She had talked to the guy to tell him not to ever bother her anymore, but still the guy is persistent, to the point of texting her parents and sending her money for child care, which she had always returned. Another thing to take into consideration is that the rapist/ex-bf is a good lawyer and comes from a powerful family.

 

My questions are as follows:

 

1. Since my friend is adamant and had swore that she will never let her ex/rapist see her child, what can she do in order to make sure this happens without resulting to filing a criminal case against her rapist?

2. Are rapists in the constitution allowed parental privileges?

3. Is there a chance that her child might be dragged into court for parental custody in case she doesn't file a case???

4, Knowing that the rapist/ex is a lawyer and has strong connections, what are the chances of her winning in case she files even though they had been together for 6 years in the past before the rape occurred??

5. What do you advise on the said matter???

 

I am looking forward to any advice regarding this matter. thank you for the time in reading this.

[Berdeng_Anino]

Hi mtc'ers,

 

just hoping that someone could enlighten me on what to do next.

 

Normally, I get assigned to drive the company car home pag inaassign yung regular driver namin to drive the 40fter truck. I didn't mind kasi parang favor nadin sa company yun and extra ot din naman kasi kahit na pa 1hr lang...

 

Last Saturday Nov 8, as we were headed home from work, sa me Alabang viaduct, yung nasa harap ko biglang nagslow down and nearly stopped, I was able to brake but unfortunately dahil umulan, nag skid vehicle namin, and I ended up rear ending him, medyo grabe and impact but fortunately nobody was hurt badly. I got the police report nung monday na, and parang kinuwento lang ang pangyayari resulting damage on both cars, walang nilagay kung kaninong fault etc. Nung tuesday, nakausap ko ang insurance company namin and they called the other party, pero di ata magkasundo sa kasang pagpapagawan. Then he's demanding that magkita kami para pag usapan ang settlement, pero sabi ng insurance company namin na di na daw ako authorized, and they will send an adjuster to talk with him. as of yesterday friday, tinatawagan nung adjuster but he can't be reached on the 2 cellphone numbers he gave... so that had me worried, early on palang, laging sinasabi nya "gawin mo to... gawin mo yan kundi magfafile ako ng kaso, o kaya see you in court nalang..."

 

Tama ba na hayaan ko na sa Insurance company namin yun? or should I be doing anything else?

[Berdeng_Anino]

Follow d advice of the insurance company.when they tell u ur not authorized, anything udon without their consent balewala in, pag gumastos kase di nila shoulder un. That's the purpose ng insurance. Bilib me ung nabangga mo will not bother to file a case, ciyà lugi nun.

 

Thank you for the reply... really appreciate it

[Elai]

Hi. Question po. If sounded unprofessional in email or the tone of the sender is out of line, even if it is not intention to offend, under Labor of the Philippines Book 6 Article 282, pwede ba maging grounds for termination yun? Thank you.

[Google]

Hi. Question po. If sounded unprofessional in email or the tone of the sender is out of line, even if it is not intention to offend, under Labor of the Philippines Book 6 Article 282, pwede ba maging grounds for termination yun? Thank you.

 

imho, it depends on your company policy, but generally no.

[snaHlegaR]

Ask ko lang po.... my contract will expire by Dec. 31, 2013. And I am on leave until my contract expires. Magkakaproblem po ba ako in anyway if I sign a new contract within my leave period in a different company? I am from a government office (health department). Going to a BPO industry.ok lang po ba na ideklare ko na im not connected with them anymore?

[Pinoymale]

Ask ko lang po.... my contract will expire by Dec. 31, 2013. And I am on leave until my contract expires. Magkakaproblem po ba ako in anyway if I sign a new contract within my leave period in a different company? I am from a government office (health department). Going to a BPO industry.ok lang po ba na ideklare ko na im not connected with them anymore?

 

I don't think you'll have a problem with signing a new contract job while you're still in the govt office. I did the same the same thing when I was also with a govt agency and moved to a new job. It's a common and wise step to make sure you have a new job (by signing the contract) before you resign from your present employment. You might have a problem if you declare that you are no longer connected with the govt office, the BPO company may interpret this as making false statements.

[Pinoymale]

Hi mtc'ers,

 

just hoping that someone could enlighten me on what to do next.

 

Normally, I get assigned to drive the company car home pag inaassign yung regular driver namin to drive the 40fter truck. I didn't mind kasi parang favor nadin sa company yun and extra ot din naman kasi kahit na pa 1hr lang...

 

Last Saturday Nov 8, as we were headed home from work, sa me Alabang viaduct, yung nasa harap ko biglang nagslow down and nearly stopped, I was able to brake but unfortunately dahil umulan, nag skid vehicle namin, and I ended up rear ending him, medyo grabe and impact but fortunately nobody was hurt badly. I got the police report nung monday na, and parang kinuwento lang ang pangyayari resulting damage on both cars, walang nilagay kung kaninong fault etc. Nung tuesday, nakausap ko ang insurance company namin and they called the other party, pero di ata magkasundo sa kasang pagpapagawan. Then he's demanding that magkita kami para pag usapan ang settlement, pero sabi ng insurance company namin na di na daw ako authorized, and they will send an adjuster to talk with him. as of yesterday friday, tinatawagan nung adjuster but he can't be reached on the 2 cellphone numbers he gave... so that had me worried, early on palang, laging sinasabi nya "gawin mo to... gawin mo yan kundi magfafile ako ng kaso, o kaya see you in court nalang..."

 

Tama ba na hayaan ko na sa Insurance company namin yun? or should I be doing anything else?

 

If your company has a lawyer (in-house or external) you should consult with him/her on what you should do since whatever actions you take will involve and affect the company. The lawyer will probably tell you not to meet with the other person and to just let someone else with proper training to handle the situation.

[Pinoymale]

i'd like to get an idea on what to do with my legal issue. ive been working for about 8 years already and recently just found out that my SSS has a problem when i decided i'd like to take out a loan with them. even though my SSS has the proper deposits from all the companies that i've been in. but the problem is that they have my name wrong. and to make it worse, they have my sex as female. im a guy and they accidentally encoded my name wrong and got my gender wrong.

 

so i guess my question is what is the best way to approach this problem? what legal papers would i have to aquire?

 

You can inquire from SSS about correcting the errors. There may be a form that you can fill up to have the errors corrected. I would think that errors in a person's SSS personal details are very common and SSS should have a procedure for correcting them.

[snaHlegaR]

I don't think you'll have a problem with signing a new contract job while you're still in the govt office. I did the same the same thing when I was also with a govt agency and moved to a new job. It's a common and wise step to make sure you have a new job (by signing the contract) before you resign from your present employment. You might have a problem if you declare that you are no longer connected with the govt office, the BPO company may interpret this as making false statements.

So ok lang po na mag sign ako ng contract then start asap even though nakaleave pa ako until my contract expires?

[spadon]

My uncle who Pinoy by birth is a naturalized US citizen. He is now retired and living here in Manila. He has assets in the US (property and cash in US banks) and wants to know if he makes a will here in the Philippines, will this will be recognized in the US? He wants to name beneficiaries here in the Philippines and wants to ascertain that his assets in the US will be given to beneficiaries in the Philippines according to his wishes in his will.

[jkiwa]

Hi po sa resident attorney/practitioners. I just want to know if an interest rate of 78% per annum or 6.5%/month is "legal". Even the interest na naka-karga sa principal amount eh hindi po diminishing. I owe this Lending company a principal amount of 135,000 pesos. Meron pa silang processing fee na around 6% yata so ang nakuha ko na total proceeds ay umabot lamang ng 125,000. I was able to pay for the past 5 months. Pero with unforeseen financial crisis, medyo nag-lapse ako ng one and a half months. I issued 24 checks dahil ang payment terms ay every 15th. Nag loan ako last June 2013 and updated po ang account ko until December 2013. Today, dahil nag-bounce na mga checke ko, mag-file daw sila ng Estafa and Bouncing check law. Just this January, i again paid a partial payment of 10,000 pesos to show how sincere I am in paying my loan. In total I was able to pay 110,00 pesos already to the lending firm.

 

Now, for each lapse payment, meron silang late payment charge na 1,500 pesos. Apart from that, each day that passes na overdue yung account ko, they would charge an additional 1% per day. In total, yung arrears ko amounts to 83,000 for December and this January...pero yung latest statement of account ko says that I now owe 98,000 pesos in arrears including the penalty of 1,500 and yung 1%/day.

 

Are all these penalties legal and binding. I did sign a contract with them when I got the loan thinkin I can pay it easily. Pero dahil nga po sa financial crisis that I am going through, medyo nade-delay ang payments ko.

 

Can I still ask this lending form to waive all penalties? Do not get me wrong, I am very willing to pay and I am still have the capacity to pay the lending firm. Its jsut that ang bigat sobra nung interest rates and penalties.

 

They are now threatening to sue me in court with the Estafa and Bouncing Check Law. Its just that I find it really unfair since I communicate with them regularly and I do show them that hindi ako nagtatago at magbabayad talaga ako. Malaki na rin po ang naibayad ko sa kanila.

 

Any response is deeply appreciated. I only want your expert opinion before I seek a lawyer, and if you know a good lawyer regarding these types of cases, mas maganda po.

 

Mabuhay po kayo!

[ruleroftheland]

1.) Technically,the interest rate is legal. The law regulating interest rates (usury law) has already been repealed therefore parties to a contract may stipulate an interest over and able that of the normal interest rate which is 12% per annum. Therefore,since you entered voluntarily into a valid contract the interest rate is legal.However the court may temper the interest rate if it finds that the interest imposed is unconscionable (shocking to the conscience).

 

2.) You may enter into a compromise with the lender if the lender is willing to waive the penalties. I suggest that a payment scheme acceptable and favorable to both of you be made, for example, you may offer to pay earnest money initially and then pay the remaining balance in several installments.

 

3.) The lender may have a case against you for estafa and/or violation of BP 22. Again,the best strategy is to talk to the lender and explain that filing a criminal case against you will not be profitable for them considering that it may take years to litigate the same and cost more that what was originally owed.

 

In short and simple language, compromise.

 

Hope this helps a bit!

Edited January 30, 2014 by ruleroftheland

[ruleroftheland]

@spadon

By reason of the naturalization of your uncle, he has lost his filipino citizenship and is considered an american citizen. Therefore it is the laws of america which which will govern the successional rights as well as the forms and solemnities of wills in you uncle's case. (just my opinion)

[Hassan Jamaal]

Need counsel please.

 

I stopped giving my children's financial support because my ex-wife did not even let me see them last Christmas, and was demanding additional money before she'd let me be with my kids. I know she's being irresponsible with my children's allowance.

 

Wanted to get back at her so I'm deliberately "running late" on my financial support. 17 days late as of this writing.

 

I think she filed an RA 9262 case against me for "economic abuse".

 

What should I expect? How should I prepare for this?

 

I just want to be prepared and ready. I actually have some issues with my ex I'd like to raise with the court as well.

 

Ex.

1. My ex holds my children hostage when demanding money. Is there any way for me to get protected from extortion or blackmail in exchange for seeing my children?

2. Demand my ex to share in support. Family code says, those obliged should share in the support. I'm shouldering everything.

3. Is it possible to require, liquidation or proper accounting of children's expenses as a requisite to continuous financial support? The ex is ma-luho and I feel, my kids allowance gets compromised more often than not.

 

Would this be possible even if my ex was the one who filed the case?

 

TIA.