legal Free Legal Advice

[maxinquaye]

WITHOUT LEGALESE

THE LAW SAYS THAT A CONTRACT IS VALID IN WHATEVER FORM,EXCEPT IF THE LAW REQUIRES A FORM FOR THE CONTRACT TO BE VALID. SINCE HINDI MO MINENTION WHAT CONTRACT IT IS,MEDYO NOT SURE AKO SA ISAGOT IF NEED NYA NA DAPAT ISULAT. PERO UNLESS THE LAW WOULD REQUIRE A FORM (MEANING NAKASULAT SA PAPEL) FOR THAT KIND OF CONTRACT,ORAL CONTRACTS ARE VALID CONTRACTS

Agree with the statement above. I just want to add the practical difficulty in enforcing a verbal contract-- how do you now prove that in court? Unless you have other evidence ( e.g. Other party is already performing his obligations under the contract) it will be your words against his

[vkalbos]

Need ko ng NBI Clearance.

 

Mag re-reflect ba ang civil case (salary loan) kung kukuha ako ng NB Iclearance?

 

TIA

[rocco69]

Need ko ng NBI Clearance.

 

Mag re-reflect ba ang civil case (salary loan) kung kukuha ako ng NB Iclearance?

 

TIA

No

[lomex32]

Check if they are violating any local ordinances e.g. in Makati, Ordinance 2011-019 it prohibits loud noise within 200 meters from schools

Also San Juan has a similar City Ordinance No, 9-2007

 

Good Day,

Ask ko lng if meron bang law for noisy neighborhood? Actually it's a school and at the same time born again church na din. But it turned out na wala clang sound proofing and sobrang ingay pag nag woworship na cla. Additionally, School in a residential area, possible ba clang i sue? I already bought it up to the barangay pero they didn't did any action kc malakas ung school sa barangay due to medical missions. Thanks

[chups10]

Agree with the statement above. I just want to add the practical difficulty in enforcing a verbal contract-- how do you now prove that in court? Unless you have other evidence ( e.g. Other party is already performing his obligations under the contract) it will be your words against his

MOST CONTRACTS THAT GO TO COURT ARE REQUIRING THE FORM (MEANING NAKASULAT).. RARELY NA NILILITIGATE ANG ORAL CONTRACTS..

[wildswans]

I need some advice. Is there a government agency here where people can file a complaint against a company from China who have Offices here and hires people for online work? Let's say for not giving incentives as promised or not waiving penalties even if proof has already been presented. The people who handles the Manila office are locals and they are not doing their job well. Is it possible to file such complaints?

[Google]

I need some advice. Is there a government agency here where people can file a complaint against a company from China who have Offices here and hires people for online work? Let's say for not giving incentives as promised or not waiving penalties even if proof has already been presented. The people who handles the Manila office are locals and they are not doing their job well. Is it possible to file such complaints?

try DOLE. kaya lang yung online work ba is documented with a contract detailing the incentives and even the penalties?

[spadon]

Please advice on this: I have an old car which I am selling to a relative. Since relative si Buyer, I am inclined to accept his offer to pay 60 equal monthly installments for the asking price. How can I protect myself in case mag default si relative Buyer? I know asking for 60 PDCs is one way but I don't think may checking account siya. and, what do I do about car registration - does the car reg remain in my name until the relative Buyer pays in full? So what document should I notarize for the transaction?

 

Thanks in advance.

[Google]

Please advice on this: I have an old car which I am selling to a relative. Since relative si Buyer, I am inclined to accept his offer to pay 60 equal monthly installments for the asking price. How can I protect myself in case mag default si relative Buyer? I know asking for 60 PDCs is one way but I don't think may checking account siya. and, what do I do about car registration - does the car reg remain in my name until the relative Buyer pays in full? So what document should I notarize for the transaction?

 

Thanks in advance.

best thing to do here is hold the original CR muna until the buyer pays in full.

isama mo na lang sa documentations. the documentations can be separate from the deed of sale.

[wildswans]

Good day sir. I have some questions here regarding service agreement. Some background: The company originated from CHINA and has set up office here. It is registered with the SEC and it provides online work. They maintained that there's no employee/employer relationship so they refer them only as "Independent Service Provider" so they won't need to pay for social or Government benefits. My questions are:

 

1. They let people read the service agreement online and they make you fill up your name, address, date of birth and email address online to state that you have agreed to the condition. Is this binding? Also, they made a follow up by asking people to print the service agreement and signing them on each page. Is this binding?

 

2. They have a statement there that said, "This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without giving any effects to any conflicts of law provisions. Any dispute on the interpretation, execution, or termination of this Agreement shall be under the exclusive jurisdiction of Hong Kong authorities and courts." Does it mean that the Philippines has no jurisdiction here? Note: As mentioned, the company originated in China but they claimed that they had move their office to Hong Kong.

 

3. When an Agreement states that certain condition survives the termination of the Agreement, is it really still valid even when the contract is already terminated?

 

4. Will our DOLE have jurisdiction on this company regarding labor issues? Let say, if the company fails to give back the portion of waived penalties to the service provider for whatever reason there is and doesn't give explanations as to what's going on, instead, the he/she is just passed on to different departments. It seems the local admin has a habit of making money off of the independent service provider.

 

Any advice/info will be appreciated.

[FleurDeLune]

Sorry, but NO

 

One, di pwede ang divorce at walang divorce dito sa Pilipinas. Filipino citizens cannot divorce each other.

 

Two, for legal separation, ang grounds ay:

 

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(5) Drug addiction or habitual alcoholism of the respondent;

(6) Lesbianism or homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

(8) Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

 

 

Those are valid grounds under Art. 55 of our Family Code. And I think they are easier to establish (and cheaper) than that of Art 45 (Annulment). What do you think?

[Google]

Good day sir. I have some questions here regarding service agreement. Some background: The company originated from CHINA and has set up office here. It is registered with the SEC and it provides online work. They maintained that there's no employee/employer relationship so they refer them only as "Independent Service Provider" so they won't need to pay for social or Government benefits. My questions are:

 

1. They let people read the service agreement online and they make you fill up your name, address, date of birth and email address online to state that you have agreed to the condition. Is this binding? Also, they made a follow up by asking people to print the service agreement and signing them on each page. Is this binding?

 

2. They have a statement there that said, "This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without giving any effects to any conflicts of law provisions. Any dispute on the interpretation, execution, or termination of this Agreement shall be under the exclusive jurisdiction of Hong Kong authorities and courts." Does it mean that the Philippines has no jurisdiction here? Note: As mentioned, the company originated in China but they claimed that they had move their office to Hong Kong.

 

3. When an Agreement states that certain condition survives the termination of the Agreement, is it really still valid even when the contract is already terminated?

 

4. Will our DOLE have jurisdiction on this company regarding labor issues? Let say, if the company fails to give back the portion of waived penalties to the service provider for whatever reason there is and doesn't give explanations as to what's going on, instead, the he/she is just passed on to different departments. It seems the local admin has a habit of making money off of the independent service provider.

 

Any advice/info will be appreciated.

 

1. If the contract is printed and signed, it is binding.

2. Nope, its not possible. The operations and hiring of personnel is here in the Philippines so that the laws of the Philippines should apply.

3. If the contract is terminated but a certain condition states that it survives the termination of the contract, yes, it will still be valid.

4. DOLE should have jurisdiction on this.

[wildswans]

 

1. If the contract is printed and signed, it is binding.

2. Nope, its not possible. The operations and hiring of personnel is here in the Philippines so that the laws of the Philippines should apply.

3. If the contract is terminated but a certain condition states that it survives the termination of the contract, yes, it will still be valid.

4. DOLE should have jurisdiction on this.

 

Sir, just to confirm lang po about question 1, kahit na po walang nakalagay na statement "I agree to the above condition...." kundi pirma lang ay binding na po yung agreement?

 

Thanks in advance po.

Edited May 14, 2015 by wildswans

[Google]

 

Sir, just to confirm lang po about question 1, kahit na po walang nakalagay na statement "I agree to the above condition...." kundi pirma lang ay binding na po yung agreement?

 

Thanks in advance po.

yes....

[ChiliMac]

Question po, My father and his remaining siblings have this real property (House and Lot) in Gen. Santos City, Mindanao owned in common (co-ownership). Since my father is the eldest, he was put in charge to represent all of them to have the property disposed of (to be sold). My question is this, one of his siblings/sister has recently died, leaving with her estranged husband and two children, is the signature of his estranged husband required in the contract to sell or deed of absolute sale or her two children assent will suffice?

 

Thank you in advance.

[rocco69]

Question po, My father and his remaining siblings have this real property (House and Lot) in Gen. Santos City, Mindanao owned in common (co-ownership). Since my father is the eldest, he was put in charge to represent all of them to have the property disposed of (to be sold). My question is this, one of his siblings/sister has recently died, leaving with her estranged husband and two children, is the signature of his estranged husband required in the contract to sell or deed of absolute sale or her two children assent will suffice?

 

Thank you in advance.

Dahil "estranged" lang naman yung husband, di naapektuhan ang property relations nilang mag-asawa (walang court decision eh), so may share pa rin yung asawa sa property. Kailangang pumirma lahat ng tagapagmana ng tiyahin mo, in this case the husband and the two children (assuming na nasa edad na yung dalawa).

 

Ngunit, subalit, datapwat...

 

Bago sila pumirma, kailangan munang ayusin ang properties na naiwan ng tiyahin mo (to include her share in the property you mentioned) ng mga naiwan. Ito ay ginagawa kalimitan sa pamamagitan ng "Extrajudicial Settlement of Estate" kung saan pinagkakasunduan ng mga tagapagmana ang hatian sa properties na naiwan ng namatay. Sa pamamagitan ng extrajudicial settlement, mapapatunayan natin na yung mga tagapagmana na nga ang may-ari ng property at sila na ang may karapatan na pumirma sa Deed of Sale (para sa parte ng nasira mong tiyahin).

 

Alalahanin mo rin na kailangan i-report sa BIR ang kamatayan at pagsasa-ayos ng mga properties ng tiyahin mo, at BAYARAN ang estate tax (buwis para sa karapatang magpasa ng ari-arian sa mga tagapagmana; wag ka na magreklamo, at lahat ng bagay ay pinapatawan ng buwis ng ating mahal na pamahalaan) sa loob ng anim na buwan mula ng mamatay ang tiyahin mo, kung hindi, ito ay magkakaroon ng penalty (25% ng amount of taxes owed) at interest (20% per annum on the amount owed and the penalty, cumulative)

[ChiliMac]

Dahil "estranged" lang naman yung husband, di naapektuhan ang property relations nilang mag-asawa (walang court decision eh), so may share pa rin yung asawa sa property. Kailangang pumirma lahat ng tagapagmana ng tiyahin mo, in this case the husband and the two children (assuming na nasa edad na yung dalawa).

 

Ngunit, subalit, datapwat...

 

Bago sila pumirma, kailangan munang ayusin ang properties na naiwan ng tiyahin mo (to include her share in the property you mentioned) ng mga naiwan. Ito ay ginagawa kalimitan sa pamamagitan ng "Extrajudicial Settlement of Estate" kung saan pinagkakasunduan ng mga tagapagmana ang hatian sa properties na naiwan ng namatay. Sa pamamagitan ng extrajudicial settlement, mapapatunayan natin na yung mga tagapagmana na nga ang may-ari ng property at sila na ang may karapatan na pumirma sa Deed of Sale (para sa parte ng nasira mong tiyahin).

 

Alalahanin mo rin na kailangan i-report sa BIR ang kamatayan at pagsasa-ayos ng mga properties ng tiyahin mo, at BAYARAN ang estate tax (buwis para sa karapatang magpasa ng ari-arian sa mga tagapagmana; wag ka na magreklamo, at lahat ng bagay ay pinapatawan ng buwis ng ating mahal na pamahalaan) sa loob ng anim na buwan mula ng mamatay ang tiyahin mo, kung hindi, ito ay magkakaroon ng penalty (25% ng amount of taxes owed) at interest (20% per annum on the amount owed and the penalty, cumulative)

Sir Rocco,

 

Add ko lang po na through inheritance po itong property na ito sa mga magulang nila "paraphernal" raw po? Same pa rin ho ba yung mangyayari? Salamat in advance.

[rocco69]

Sir Rocco,

 

Add ko lang po na through inheritance po itong property na ito sa mga magulang nila "paraphernal" raw po? Same pa rin ho ba yung mangyayari? Salamat in advance.

yup, the answer is the same, as in fact, the advise given was on the assumption that the property was paraphernal (i.e. property belonging solely to your tiyahin),

[wildswans]

Hi Sir. I have a quick question. If an employee files a complaint against his employer for unfair labor practices in DOLE, does the employer have the right to terminate the employee?

 

Thanks.

[Google]

Hi Sir. I have a quick question. If an employee files a complaint against his employer for unfair labor practices in DOLE, does the employer have the right to terminate the employee?

 

Thanks.

nope.... but they can put you on floating status until the investigation or decision has been made, but it does not give the employer a reason or a right to hold the employee's salary or benefits.

 

but normally, based on experience, DOLE is more sympathetic with the employee compared with the employer.

Edited June 9, 2015 by Google

[Viola]

Question... can an employer include a provision in their contract that if the employee becomes pregnant or if they get diagnosed with a critical disease (diabetes, cancer, etc) then that employee can be terminated? Is that even legal?

[Google]

Question... can an employer include a provision in their contract that if the employee becomes pregnant or if they get diagnosed with a critical disease (diabetes, cancer, etc) then that employee can be terminated? Is that even legal?

it can't.

its discrimination.

[jopok]

para sa mga labor law ang expertise..

 

*I wil be considered as regular employee of the new company on day 1

meaning ba nito,di ako talga regular agad..for consideration ako for regularixation

* I will enjoy job security under new company.

makapagpapatunay ba ito na regular nga ako?

 

 

need ko sana ng lawyer na labor cases ang forte,taga laguna sana

[jhuleuse]

I file a resignation last june 9 and the last day will be this June 15, to be exact I reached ten years (in this company) I don't have a contract. Now, I want to know if there is a chance that they will give me separation pay, or do I have the right to ask for that, they promised that if an employee reached at least 10 years they will provide some cash assistance and I'm hoping that they will grant that. Any idea on this matter. Thank you very much.

[rocco69]

I file a resignation last june 9 and the last day will be this June 15, to be exact I reached ten years (in this company) I don't have a contract. Now, I want to know if there is a chance that they will give me separation pay, or do I have the right to ask for that, they promised that if an employee reached at least 10 years they will provide some cash assistance and I'm hoping that they will grant that. Any idea on this matter. Thank you very much.

1. do I have the right to ask for that [separation pay]?

 

GENERAL RULE: Kapag nagresign ka, wala kang matatanggap na separation pay. Ang separation pay, binibigay kapag ikaw ay tinanggal ng kumpanya, hindi sa sitwasyon na IKAW ANG UMALIS sa kumpanya. Ngunit, subalit, datapwat...

 

2. I want to know if there is a chance that they will give me separation pay?

 

Dahil ito ay general rule, ibig sabihin may exception. Ang exception: kung naging kalakaran na sa kumpanya na magbigay ng separation pay sa empleyado, kahit nagresign pa ito.

 

Sabi mo, nangako ang kumpanya na magbibigay sa empleyado na naka-10 years na. Itong pangako na ito ba ay nag-aaplay din sa empleyado na nagresign? Kung oo, maswerte ka. Kung hindi, talo ka.

 

Pangalawa, magkano ba ang ibibigay na "cash assistance"? May halaga ba sila na nasabi. Kung simpleng "cash assistance" lang at wala namang fixed na halaga, kahit piso ibigay sa iyo, cash assistance na, di ka rin makakareklamo.

 

Pangatlo, ano ang ebidensya mo na may ganyang pangako? Kung verbal lang, wag ka na umasang may makukuha ka kung biglang i-deny yan ng kumpanya.

 

At the end of the day, ikaw ay umaasa na lamang sa good will ng kumpanya. Kung wala kang matibay na ebidensyang pinanghahawakan sa mga sinasabi mong pangako ng kumpanya, mas malamang sa hindi, naghihintay ka sa wala.