legal Free Legal Advice

[ruleroftheland]

Visitation rights and the responsibility to support your children are separate and distinct. The fact that you have delayed giving child support money is not a ground for depriving you of your visitation rights.

 

I presume that you have been giving regular monthly support to your children and it is only on this occasion that you have deliberately delayed your financial support. Delay of 17 days is not a sufficient ground for the filing of violation of VAWC based on economic abuse. I suggest that you keep file copies of the receipts of the financial support that you have been giving you children.

 

You are right in saying that the obligation to support children should be shouldered by both parents, however, the law presumes that your wife is also supporting your children since she is taking care of them. However, this presumption may be controverted by evidence.

 

Yes it is possible to request a proper accounting of the expenditures, but this may work to your disadvantage if it is shown that the support you are giving is not enough. This may be cited as reason to increase financial support.

 

If she still denies you your visitation rights, a proper petition may be filed in court.

[Hassan Jamaal]

Visitation rights and the responsibility to support your children are separate and distinct. The fact that you have delayed giving child support money is not a ground for depriving you of your visitation rights.

 

I presume that you have been giving regular monthly support to your children and it is only on this occasion that you have deliberately delayed your financial support. Delay of 17 days is not a sufficient ground for the filing of violation of VAWC based on economic abuse. I suggest that you keep file copies of the receipts of the financial support that you have been giving you children.

 

You are right in saying that the obligation to support children should be shouldered by both parents, however, the law presumes that your wife is also supporting your children since she is taking care of them. However, this presumption may be controverted by evidence.

 

Yes it is possible to request a proper accounting of the expenditures, but this may work to your disadvantage if it is shown that the support you are giving is not enough. This may be cited as reason to increase financial support.

 

If she still denies you your visitation rights, a proper petition may be filed in court.

 

thanks for the inputs

[basic_instinct]

Yung 462.00 ba above minimum wage? Yan kasi daily rate ko and as per my supervisor above daw kasi ako based daw kasi sa basic wage which is 451.00. Yung minimum wage kasi is basic wage(451.00) plus COLA(15.00) equals 466.00. Yung akin daw kasi basic wage(462.00) then no COLA kasi hindi naman 451.00 ang basic wage ko kaya walang COLA. Legal ba yang ganyang reason?

[ruleroftheland]

@bizman

 

As a general rule, all deposits of whatever nature in banks and banking institutions are absolutely confidential in nature. Any person who violates this, may be made liable under ra 1405. There are exceptions to this rule, please read secrecy of bank deposits (ra 1405). If you have any questions regarding the same, please feel free to post on this thread.

[disorder1666]

Good day po,

 

Need your legal advice kung ano ang dapat gawin sa kapitbahay na nakikipader. Madalas kasi may nagpupukpok sa kanila which is rinig na rinig samin dahil nakikipader lang sila.

 

Sa residence of Camella Homes kami, at matagal na naming problem ito sa aming kapitbahay which is sila pa ang galit pag madalas namin sinisita yung kanilang lugar na kesyo wala pa daw silang budget na magpagawa.

 

Sana po makahingi po ako ng legal advice kung ano ang dapat naming gawin.

 

Maraming salamat po.

[ruleroftheland]

A case must first be filed in order for the court to issue a freeze order. There must also be sufficient evidence in order for the court to issue such orders.

 

It will take time before any court order is issued. The court may not even inquire into the bank deposit if the case can be decided without resorting to such means.

[jmags]

Hi, I'm almost 35 and I have a full time job. But I'm thinking of taking law school, will I still be able to practice or will I be too old to be shifting to a new profession? Any schools that is of note for weekend or night time classes as I still need to work to pay for the tuition?

[Racer511]

Good Evening,

 

Gusto ko lang po mang hingi ng advice, nagkaroon po kasi ako ng girlfriend last year, she was 17 at that time and something happened to us (got laid), anyway its been a year since may nangyari sa amin, now she has a new boyfriend. anyways my concern po is, may chance po ba sya na i blackmail ako like filing rape charges against me? cause im in abroad right now and she might find it tempting to threaten me with lawsuit unless i start giving her money or something, im pretty nervous about that scenario.. can someone give me advice please? Thanks so much

[rocco69]

1. may chance po ba sya na i blackmail ako like filing rape charges against me?

 

You had sex with your ex only this 2013...

 

Former beauty pageant contestant Roxanne Acosta Cabanero accused Vhong Navarro of sexual assault, which happened in 2010.

 

A stuntwoman has complained that Vhong Navarro allegedly raped her inside his SUV sometime in early 2009

 

If someone can accuse Vhong of assaults that allegedly happened five or six years ago, ikaw pa kaya?

 

Ang tanong... why would she be tempted to threaten you with a lawsuit? Ipinapa-alam mo ba na marami ka pera diyan sa abroad?

 

Anyway, nasa abroad ka, paano ka niya mahahabol...

 

The fact is, lahat ng iniisip mo SPECULATIVE. My advice... HAKUNA MATATA

 

 

Good Evening,

 

Gusto ko lang po mang hingi ng advice, nagkaroon po kasi ako ng girlfriend last year, she was 17 at that time and something happened to us (got laid), anyway its been a year since may nangyari sa amin, now she has a new boyfriend. anyways my concern po is, may chance po ba sya na i blackmail ako like filing rape charges against me? cause im in abroad right now and she might find it tempting to threaten me with lawsuit unless i start giving her money or something, im pretty nervous about that scenario.. can someone give me advice please? Thanks so much

[rocco69]

1. will I still be able to practice or will I be too old to be shifting to a new profession?

 

“You are never too old to set another goal or to dream a new dream.” ~ C. S. Lewis

 

2. Any schools that is of note for weekend... classes?

 

Law schools are now supervised by the Legal Education Board (RA 7662), and unfortunately, the LEB has basically prohibited the operation of weekends-only law course offerings (usually denominated as an "executive class"), so you're limited to...

 

3. Any schools that is of note for... night time classes?

 

There are a lot of choices available to you, as most law schools offer night classes. It basically depends on your location, as well as your budget.

 

Hi, I'm almost 35 and I have a full time job. But I'm thinking of taking law school, will I still be able to practice or will I be too old to be shifting to a new profession? Any schools that is of note for weekend or night time classes as I still need to work to pay for the tuition?

Edited April 4, 2014 by rocco69

[fallguy]

ang titulo po ng lupa ay nasa aken after my parents died, im not in good terms with my brother and some of my sisters, nawala po yung titulo sa briefcase na nasa room ko nakalagay, pero naiwan yung mapa, ang balita ko po ay nakasangla daw po yung titulo sa bangko, pwde ko po ba ipa-renew yung titulo ng lupa, may chance po ba na kunin ng bangko yung bahay at lupa kung sakaling di mabayaran kahit ilegally acquired nung nagsangla, yung certificate of death din po ng mother ko ay nawala din sa cabinet ko. sana po ay mapayuhan nyo ako sa dapat kong gawin, maraming salamat po.

[maxinquaye]

ang titulo po ng lupa ay nasa aken after my parents died, im not in good terms with my brother and some of my sisters, nawala po yung titulo sa briefcase na nasa room ko nakalagay, pero naiwan yung mapa, ang balita ko po ay nakasangla daw po yung titulo sa bangko, pwde ko po ba ipa-renew yung titulo ng lupa, may chance po ba na kunin ng bangko yung bahay at lupa kung sakaling di mabayaran kahit ilegally acquired nung nagsangla, yung certificate of death din po ng mother ko ay nawala din sa cabinet ko. sana po ay mapayuhan nyo ako sa dapat kong gawin, maraming salamat po.

 

Nalipat ba sa pangalan mo Yung titulo before your parents died? If not (I.e., tct still in parent's name) then paghahatian ninyong magkapatid Yung property

[rocco69]

On the assumption na ang titulo ay nakapangalan pa rin sa magulang mo.

 

dahil nawala ang titulo, ang pinakamaganda mong gawin ay magpatatak ASAP ng adverse claim sa titulo setting out your claim to the property (basically, you execute an affidavit where you allege that you are, through inheritance, now a part-owner of the property, together with your siblings. You then submit the affidavit of adverse claim to the register of deeds). This way, anyone who deals with the property is informed that there are several co-owners of the property, not just the person he is dealing with.

 

a. pwde ko po ba ipa-renew yung titulo ng lupa? if the title is with a bank, you cannot ask for a new duplicate copy of the title.

 

b. may chance po ba na kunin ng bangko yung bahay at lupa kung sakaling di mabayaran kahit ilegally acquired nung nagsangla?

 

kung hindi naman owner ang nagsangla, walang bisa yung sanglaan. kung part-owner ang nag-sangla, part lng ng property yung subject ng sangla, kaya nga kailangan na makapagpatatak ka na ng adverse claimn sa titulo ASAP.

 

 

ang titulo po ng lupa ay nasa aken after my parents died, im not in good terms with my brother and some of my sisters, nawala po yung titulo sa briefcase na nasa room ko nakalagay, pero naiwan yung mapa, ang balita ko po ay nakasangla daw po yung titulo sa bangko, pwde ko po ba ipa-renew yung titulo ng lupa, may chance po ba na kunin ng bangko yung bahay at lupa kung sakaling di mabayaran kahit ilegally acquired nung nagsangla, yung certificate of death din po ng mother ko ay nawala din sa cabinet ko. sana po ay mapayuhan nyo ako sa dapat kong gawin, maraming salamat po.

[karona]

hi, meron po ba dito sa inyo specialized in legal law? papaconsult ko lang regarding sa contracts thanks

[fallguy]

On the assumption na ang titulo ay nakapangalan pa rin sa magulang mo.

 

dahil nawala ang titulo, ang pinakamaganda mong gawin ay magpatatak ASAP ng adverse claim sa titulo setting out your claim to the property (basically, you execute an affidavit where you allege that you are, through inheritance, now a part-owner of the property, together with your siblings. You then submit the affidavit of adverse claim to the register of deeds). This way, anyone who deals with the property is informed that there are several co-owners of the property, not just the person he is dealing with.

 

a. pwde ko po ba ipa-renew yung titulo ng lupa? if the title is with a bank, you cannot ask for a new duplicate copy of the title.

 

b. may chance po ba na kunin ng bangko yung bahay at lupa kung sakaling di mabayaran kahit ilegally acquired nung nagsangla?

 

kung hindi naman owner ang nagsangla, walang bisa yung sanglaan. kung part-owner ang nag-sangla, part lng ng property yung subject ng sangla, kaya nga kailangan na makapagpatatak ka na ng adverse claimn sa titulo ASAP.

 

 

 

nung buhay pa po ang parents ko, gumawa ng kasulatan ang father ko showing that the property was sold to me and one of my sisters kahit walang totoong bentahan, pumirma lahat ng kapatid ko, para daw di gumastos ng malaki sa transfer ng inheritance ng property in case daw na mamatay na sila, ang kulang na lang sa document ay yung notary, magiging valid pa ba yun kung ipa-notary ko yun mgayon, may date naman yun kung kelan pinirmahan ng mga involved parties? TIA po!

[rocco69]

dahil patay na ang magulang mo, di na pwede yan ipa-notary (sa notarization, sinisertipika ng notaryo na humarap sa kanya yung tao, paano makakaharap yung tatay mo sa notaryo ngayon kung patay na siya).

 

pero, hindi dahil hindi notaryado ay walang bisa ang bentahan. mabisa pa rin ito sa inyo at ng mga kapatid mo.

 

dahil may bentahan, ang sasabihin mo sa adverse claim mo, ikaw na at ang sister mo ang may-ari, at iaattach mo sa afidavit ang unnotarized deed of sale na ginawa ng tatay nyo.

 

nung buhay pa po ang parents ko, gumawa ng kasulatan ang father ko showing that the property was sold to me and one of my sisters kahit walang totoong bentahan, pumirma lahat ng kapatid ko, para daw di gumastos ng malaki sa transfer ng inheritance ng property in case daw na mamatay na sila, ang kulang na lang sa document ay yung notary, magiging valid pa ba yun kung ipa-notary ko yun mgayon, may date naman yun kung kelan pinirmahan ng mga involved parties? TIA po!

Edited April 16, 2014 by rocco69

[jmags]

1. will I still be able to practice or will I be too old to be shifting to a new profession?

 

“You are never too old to set another goal or to dream a new dream.” ~ C. S. Lewis

 

2. Any schools that is of note for weekend... classes?

 

Law schools are now supervised by the Legal Education Board (RA 7662), and unfortunately, the LEB has basically prohibited the operation of weekends-only law course offerings (usually denominated as an "executive class"), so you're limited to...

 

3. Any schools that is of note for... night time classes?

 

There are a lot of choices available to you, as most law schools offer night classes. It basically depends on your location, as well as your budget.

 

 

 

Thanks for the reply sir!

[vkalbos]

Hi to all, I have a friend asking if she can have at least a compensation package or the like.

 

She started working at printing industry in 2002 and then eventually, company fell due to cash flow problem sometime in 2007 or so.

Some of the employees received their separation pay because of retrenchment policy. She and the others I think gave the options to transfer from their respective sister company which was happened. Her tenure of service based on what she explained shall continue from the day she was started from fallen company.

 

And now my friend is resigning from her job this year. Does she entitle to claim from fallen/closed company? Or does she might get any compensation in general from her present company?

 

Thanks in advance.

[rocco69]

wala kang makukuha pag ikaw ay magreresign (unless may policy ang kumpanya na magbigay ng kaunting halaga sa RESIGNING employee).

 

entitled ka sa separation pay pag ikaw ay tatanggalin sa trabaho (e.g. redundancy, retrenchment, installation of labor-saving device), pero pag ikaw ay magre-RESIGN, WALA!

 

Hi to all, I have a friend asking if she can have at least a compensation package or the like.

 

She started working at printing industry in 2002 and then eventually, company fell due to cash flow problem sometime in 2007 or so.

Some of the employees received their separation pay because of retrenchment policy. She and the others I think gave the options to transfer from their respective sister company which was happened. Her tenure of service based on what she explained shall continue from the day she was started from fallen company.

 

And now my friend is resigning from her job this year. Does she entitle to claim from fallen/closed company? Or does she might get any compensation in general from her present company?

 

Thanks in advance.

Edited April 23, 2014 by rocco69

[johnserye]

hi, meron po ba dito sa inyo specialized in legal law? papaconsult ko lang regarding sa contracts thanks

 

ano po ang ibig niyong sabihin sa legal law?

[johnserye]

sir rocco69 ako po ay meron din tanong...bumili po ang nanay ko ng vault sa columbary (fully paid na po), pero di naman po natapos ang columbary. gusto po sana niya na maibalik ang pera na binayad niya. pwede po ba ito at saan po ba namin pwede ireklamo kung ayaw isauli ang pera niya? salamat po. TIA!

[rocco69]

1. gusto po sana niya na maibalik ang pera na binayad niya. pwede po ba ito?

 

pwede po. sulatan niya ang developer demanding the return of her money due to the failure to develop the columbary project.

 

2. saan po ba namin pwede ireklamo kung ayaw isauli ang pera niya?

 

Sa HLURB.

 

sir rocco69 ako po ay meron din tanong...bumili po ang nanay ko ng vault sa columbary (fully paid na po), pero di naman po natapos ang columbary. gusto po sana niya na maibalik ang pera na binayad niya. pwede po ba ito at saan po ba namin pwede ireklamo kung ayaw isauli ang pera niya? salamat po. TIA!

[johnserye]

1. gusto po sana niya na maibalik ang pera na binayad niya. pwede po ba ito?

 

pwede po. sulatan niya ang developer demanding the return of her money due to the failure to develop the columbary project.

 

2. saan po ba namin pwede ireklamo kung ayaw isauli ang pera niya?

 

Sa HLURB.

 

 

 

Thank you po sa advice!

[korril13]

Hi, I am currently employed in a BPO (named as company A) as a contractor under a vendor (company . My contract is 6 months, and I am regularly informed by my supervisor about my standing in the company. on my 5th month, I was informed that my supervisor recommended my contract to be extended, although she informed me that it is still up for deliberation by the management. Unfortunately, my contract extension was not approved, and I was only informed 2 weeks before my end of contract.

 

1. It is stated in my contract (from company that I should be informed at least 1 month prior to my end of contract. Since I they were not able to inform me, would I have a chance to win if i file a case?

2. and who should i file a case against? In company B for not following up from Company A about my status on the 5th month?

3. Would I be able to demand at least 1 month salary compensation for not being able inform me as my contract stated?

 

Thank you very much for your help!

[Google]

Hi, I am currently employed in a BPO (named as company A) as a contractor under a vendor (company . My contract is 6 months, and I am regularly informed by my supervisor about my standing in the company. on my 5th month, I was informed that my supervisor recommended my contract to be extended, although she informed me that it is still up for deliberation by the management. Unfortunately, my contract extension was not approved, and I was only informed 2 weeks before my end of contract.

 

1. It is stated in my contract (from company that I should be informed at least 1 month prior to my end of contract. Since I they were not able to inform me, would I have a chance to win if i file a case?

2. and who should i file a case against? In company B for not following up from Company A about my status on the 5th month?

3. Would I be able to demand at least 1 month salary compensation for not being able inform me as my contract stated?

 

Thank you very much for your help!

 

happened to us a few years ago. may tinerminate kaming contract na walang 30 day notice.

talo kami.... what should be done daw as per the DOLE is dapat inabsorb muna namin until the end of the 30 day period or sinuwelduhan namin ng isang buwan pa, maski hindi na sya nagrereport.

to answer your questions:

 

a. yes

b. should be company B dahil sila ang nakikipag coordinate sa iyo.

c. yes.