legal Free Legal Advice

[karlo81]

meron bang legal reason o pwede bang hindi tanggapin ng employer or boss ang resignation mo? pano kung ayaw mo na talaga?

[Google]

ano pwede i kaso sa supervisor na inaakusahan ka nang walang katotohanan..sabi kasi nakatambay ako at nikikipagkwentuhan..di na nakita na nagtatrabaho ako,,pwede naman nya lapitan o tanungin ako at kasama ko,,pero di nya ginawa,,

 

bat mo naman gagawin yan? all you need to do is to resign or ask for reassignment.

 

[Google]

meron bang legal reason o pwede bang hindi tanggapin ng employer or boss ang resignation mo? pano kung ayaw mo na talaga?

 

walang legal reason.

resignation is a purely voluntary activity.

[en4cer]

Hi. It may sound silly to you guys, but I would like to inquire on how to possibly legally change my NAME. I intend to keep my First and Last Name but would like to change my Middlename to honor my stepmother who took care of me. I never met my biological mother and it ws my step mother who brought me up ever since i was a child.

 

Any help / advise will do.

[MartyMart]

thanks chief. but if for any reason, title to said property was transferred to the buyer without a judicial or extrajudicial partition, can the legitimate children run after the buyer and recover the property? can the buyer allege that he is a buyer in good faith? thanks again.

It depends. If the title to the property was in the name of the deceased, how was the property sold by the surviving spouse? If fraud was committed and the buyer was or should reasonably have been aware of such fraud, then the said buyer cannot claim good faith and the heirs can run after the property. However, if there is actual good faith (ex., the surviving spouse produced a special power of attorney purportedly executed by the registered owner in favor of the surviving spouse, and the buyer was not aware that the SPA was spurious), then the heirs may not be able to recover the property. However, they can run after the surviving spouse for their share of the price paid for the property.

[Google]

Hi. It may sound silly to you guys, but I would like to inquire on how to possibly legally change my NAME. I intend to keep my First and Last Name but would like to change my Middlename to honor my stepmother who took care of me. I never met my biological mother and it ws my step mother who brought me up ever since i was a child.

 

Any help / advise will do.

 

this will help.

 

http://www.futurescopes.com/change-name/7844/how-change-your-name-philippines

[*badass*]

It depends. If the title to the property was in the name of the deceased, how was the property sold by the surviving spouse? If fraud was committed and the buyer was or should reasonably have been aware of such fraud, then the said buyer cannot claim good faith and the heirs can run after the property. However, if there is actual good faith (ex., the surviving spouse produced a special power of attorney purportedly executed by the registered owner in favor of the surviving spouse, and the buyer was not aware that the SPA was spurious), then the heirs may not be able to recover the property. However, they can run after the surviving spouse for their share of the price paid for the property.

thanks for the info chief. let's just put it this way.

 

1. the title to the property is in the name of the deceased (married to her husband);

 

2. no SPA was ever executed during the lifetime of the deceased.

 

3. estate of the deceased has yet to be settled.

 

under these circumstances, can the husband sell, without the knowledge of the legitimate children and the estate yet to be settled, the property? if the husband succeeds in selling the property to a 3rd person, is the sale valid, void or voidable? salamat ulit chief.

[MartyMart]

As previously mentioned, it depends on the circumstances of the sale. Given the situation, it could only be surmised that any sale by the husband can only be done through fraudulent means because it was done without the knowledge and consent of the other compulsory heirs. One way that the husband can sell the property is by producing a forged or fake special power of attorney from the registered owner of the property. Whether the sale is valid or void depends entirely on the good faith of the buyer. If the buyer was a party to the fraud, or had knowledge of the fraud, or could have reasonably obtained knowledge of such fraud, then he cannot claim good faith and therefore the sale is void. The other heirs who were defrauded can file an action against both the husband and the buyer to recover the property itself.

 

On the other hand, if the buyer was not a party to the fraud or otherwise had actual or constructive knowledge of the fraud, then he can claim good faith and therefore the sale is valid. The other heirs cannot recover the property anymore. However, they can go after the husband to recover the money paid by the buyer for the property.

[lonejackal]

hello po baka off topic po ito but i still have to ask

 

i am planning to take up law pero yung mga nakikita ko na requirements for law school is dapat graduate ng minimum of 4 year bachelor course and i was only able to complete 2 1/2 years of my BSIT course

 

meron po ba school na meron law or related course para sa undergrad?

 

thanks po

[Google]

hello po baka off topic po ito but i still have to ask

 

i am planning to take up law pero yung mga nakikita ko na requirements for law school is dapat graduate ng minimum of 4 year bachelor course and i was only able to complete 2 1/2 years of my BSIT course

 

meron po ba school na meron law or related course para sa undergrad?

 

thanks po

 

wala bro.

pre-law requires that you are a graduate of a 4 year bachelor's course.

kuha ka na lang ng AB Course tapos pa credit mo na lang yung mga creditable subjects sa IT course mo.

[*badass*]

As previously mentioned, it depends on the circumstances of the sale. Given the situation, it could only be surmised that any sale by the husband can only be done through fraudulent means because it was done without the knowledge and consent of the other compulsory heirs. One way that the husband can sell the property is by producing a forged or fake special power of attorney from the registered owner of the property. Whether the sale is valid or void depends entirely on the good faith of the buyer. If the buyer was a party to the fraud, or had knowledge of the fraud, or could have reasonably obtained knowledge of such fraud, then he cannot claim good faith and therefore the sale is void. The other heirs who were defrauded can file an action against both the husband and the buyer to recover the property itself.

 

On the other hand, if the buyer was not a party to the fraud or otherwise had actual or constructive knowledge of the fraud, then he can claim good faith and therefore the sale is valid. The other heirs cannot recover the property anymore. However, they can go after the husband to recover the money paid by the buyer for the property.

 

copy chief. so it all boils down whether the buyer is a party, has knowledge and/or consented to such sale.

[lonejackal]

 

wala bro.

pre-law requires that you are a graduate of a 4 year bachelor's course.

kuha ka na lang ng AB Course tapos pa credit mo na lang yung mga creditable subjects sa IT course mo.

ok thanks po

[MartyMart]

copy chief. so it all boils down whether the buyer is a party, has knowledge and/or consented to such sale.

What it all boils down to s whether the buyer was a party to the fraud, or had knowledge of the fraud. If he is an innocent buyer in good faith, the sale will be valid.

[TheRedHood]

tanong ko lang po, kung hanggang saan ang extent ng karapatan sa mga menor de edad na mga anak ng tatay kung hiwalay na sila ng nanay ng mga bata?

 

kasi po, nang maghiwalay ang mag-asawang ito, tinakot nung tatay ang nanay na kukunin niya ang isa sa dalawang bata na anak nila kasi ang katwiran niya e yon ang karapatan niya bilang tatay ng mga bata at wala daw magagawa ang ina kung hindi sundin ang batas na yon. . . tama po ba? puwede na rin po paki-bigyan linaw kung bakit? maraming salamat ngayon pa lang po

[jacksilva16]

Court muna ang magdedecide sir regarding sa custody ng mga bata, hindi pwede yung father ang mag-impose kung kanino mapupunta yung isa sa anak nila.

 

And if both children are below seven, custody shall be with the mother, but this is not absolute.

[TheRedHood]

Court muna ang magdedecide sir regarding sa custody ng mga bata, hindi pwede yung father ang mag-impose kung kanino mapupunta yung isa sa anak nila.

 

And if both children are below seven, custody shall be with the mother, but this is not absolute.

opo sir below 7 years old po parehas ang mga bata. follow-up question lang po sana. . . paano kung pinilit nung tatay na kunin ang isa sa mga anak nila kahit hindi na mag-antay ng court order, ano po ang legal actions na puwedeng gawin ng nanay against sa tatay?

[rocco69]

opo sir below 7 years old po parehas ang mga bata. follow-up question lang po sana. . . paano kung pinilit nung tatay na kunin ang isa sa mga anak nila kahit hindi na mag-antay ng court order, ano po ang legal actions na puwedeng gawin ng nanay against sa tatay?

kasuhan ng violation ng anti-violence against women and children act yung tatay (see Section 5e[1], Republic Act 9262)

[TheRedHood]

kasuhan ng violation ng anti-violence against women and children act yung tatay (see Section 5e[1], Republic Act 9262)

maraming salamat po sa pagtugon

[p4tr1ck]

Why is casino games not being ban in the country? All of their games are of negative expectation.. There's no money to make..for the players

[Roubaix]

Why is casino games not being ban in the country? All of their games are of negative expectation.. There's no money to make..for the players

There is the PAGCOR law which allows systemized gambling in casinos.

[hero-uy]

Question..our apartment owner want to increase our monthly rent and to be equal to other tenant that's 8k to 11k ang dahilan nila new management daw pero di nmn totoo kc at yung mas bata na kapatid lng nmn ang ng handle na ngyn. Meron ba sila right na itaas ang rent namin ng ganun ka laki considering we are here from 1981 pa? Or we can do legal action on then if they insist on their plan?

[rocco69]

Question..our apartment owner want to increase our monthly rent and to be equal to other tenant that's 8k to 11k ang dahilan nila new management daw pero di nmn totoo kc at yung mas bata na kapatid lng nmn ang ng handle na ngyn. Meron ba sila right na itaas ang rent namin ng ganun ka laki considering we are here from 1981 pa? Or we can do legal action on then if they insist on their plan?

The Housing and Urban Development Coordinating Council (HUDCC) has extended the rent control regulation for residential units occupied by low-income brackets for another two years until December 2017.

Effective January 1, 2016 until December 31, 2017, the rent of any residential unit for those paying monthly rent of up to P3,999.00 shall not increase by more than 4% per annum. On the other hand, monthly rentals of P4,000 up to P10,000.00 shall not be increased by more than 7% per annum provided that the unit is occupied by the same lessee. This regulation applies to all residential units covered by the specified monthly rent, across the country.

[rocco69]

Could i be charged civilly/criminally if i am involved in a small cooperative that is not S.E.C registered

The Cooperative Development Authority (CDA) is the lead government agency mandated by virtue of Republic Act No. 9520 (Philippine Cooperative Code of 2008) to promote the viability and growth of Philippine cooperatives. It is the only government agency that registers cooperatives.

Clearly, for a cooperative to exist, it needs to be registered ONLY with the CDA, ergo SEC registration is not needed for it to exist.

You may be charged criminally if you participate in illegal activities being undertaken by the cooperative. You may be charged civilly if you participate in activities being undertaken by the cooperative that cause damage to others.

But mere membership would not.

Edited January 25, 2017 by rocco69

[kidbalakid0150]

Question lang po ... I work in a BPO company and I am already a regular employee, after 6 months in the company I got transferred to a different account and now that account performed a background check. They found discrepancies on the dates from my previous employer that I worked for before and said that it can be grounds for termination. I already gave them Certificate of Employment to prove that I resigned from those companies without any bad records but they are saying that its still terminable since the dates that I placed on my resume was incorrect. I dont remember the exact dates or even the account I handled way back then and thats the reason for the date discrepancies. Can they terminate me because of that even if I am already a regular employee and does not have any work issues that might cause my termination ?? Thanks for your help.

[rocco69]

Question lang po ... I work in a BPO company and I am already a regular employee, after 6 months in the company I got transferred to a different account and now that account performed a background check. They found discrepancies on the dates from my previous employer that I worked for before and said that it can be grounds for termination. I already gave them Certificate of Employment to prove that I resigned from those companies without any bad records but they are saying that its still terminable since the dates that I placed on my resume was incorrect. I dont remember the exact dates or even the account I handled way back then and thats the reason for the date discrepancies. Can they terminate me because of that even if I am already a regular employee and does not have any work issues that might cause my termination ?? Thanks for your help.

Can they terminate me because of that even if I am already a regular employee and does not have any work issues that might cause my termination?

 

They can terminate you. Kung gusto ka i-terminate ng employer mo, pwedeng-pwede nila gawin yun.

 

WHETHER THE TERMINATION WILL BE LEGAL/VALID IS REALLY THE QUESTION!

 

Kung tutoo ang sinasabi mo na nagkamali ka lang sa dates dahil di mo maalala, at wala ka naman talagang bad record sa former employers mo, hinbdi magiging legal ang pagterminate sa iyo.

 

Maaari mo itong ireklamo sa NLRC kung gagawin nila ito. Alalahanin mo, wag kang magre-resign! Kung pipilitin ka nilang magresign dahil sa dahilang mali ang date na nakalagay sa application o resume mo. wag mo gawin. Kailangan tanggalin ka nila! Ito ay para matibay ang kaso mo na isasampa sa NLRC.

 

Good luck!