legal Free Legal Advice

[jopok]

thabks rocco and chups10

thabks rocco and chups10

i mean thank you..

[Roubaix]

To my kompanyeros,

 

In the past, I would indulge in professional services of the personal nature. Of course, just compensation was exchanged.

 

Now the tables have turned. My past acquaintances have sought legal advice from me. Ethics dictate that I cannot have it pro-bono.

 

Should I settle for compensation in the personal service nature rather than actual monetary remuneration?

[bonito99]

I need a lawyer po para sa drafting ng demand letter for child support at demanda ko din ex ko ng financial abuse at emotional abuse.

Any lawyer can do that for you.

it's the filing of that criminal case which is important.

[yellowjacket]

Hello Sirs! hingi lang po ako advice.

 

1. I have five workers and threatening me na magfile sila complain regarding salary kundi po ako aareglo.

halos mga new employee sila and still under probation. pinakamatagal 10 months. Pwede ko ba sila kasuhan ng blackmail or something?

Harapin ko naman kahit magfile sila e.

 

2. isang tao ko din nagfile din re salary. nkaproject base sya. nang macheck ko time in and out nya for the past 2 years almost 4 hours lang pinapasok nya.

pwede ko bang gawin grounds yun as countercharge?

 

Thank you in advance mga sir!

[Roubaix]

Hello Sirs! hingi lang po ako advice.

 

1. I have five workers and threatening me na magfile sila complain regarding salary kundi po ako aareglo.

halos mga new employee sila and still under probation. pinakamatagal 10 months. Pwede ko ba sila kasuhan ng blackmail or something?

Harapin ko naman kahit magfile sila e.

 

2. isang tao ko din nagfile din re salary. nkaproject base sya. nang macheck ko time in and out nya for the past 2 years almost 4 hours lang pinapasok nya.

pwede ko bang gawin grounds yun as countercharge?

 

Thank you in advance mga sir!

 

1. If its solely about salary, they have no case. Unless you are paying more than minimum wage. Also, you must be remitting their BIR, SSS, Pag-ibig contributions. They can file a case for that.

 

2. If its project based, is there a written contract stating the period of tenure? If its just "verbal", the DOLE might consider that person as regular if the duties are necessary to your company. On your counter, you can present proof of her working 4 hours only. But if you did nothing about it in 4 years, you will have a weak case for counter arguing.

[jc44 - RETIRED]

To my kompanyeros,

 

In the past, I would indulge in professional services of the personal nature. Of course, just compensation was exchanged.

 

Now the tables have turned. My past acquaintances have sought legal advice from me. Ethics dictate that I cannot have it pro-bono.

 

Should I settle for compensation in the personal service nature rather than actual monetary remuneration?

 

Legally speaking, no of course. The nature of the *personal service* precludes it from being a valid subject matter of a contract, even one for mutual service.

 

Practically speaking, IMHO boils down to yung level of familiarity and trust ninyo sa isa't isa.

[jc44 - RETIRED]

Hello Sirs! hingi lang po ako advice.

 

1. I have five workers and threatening me na magfile sila complain regarding salary kundi po ako aareglo.

halos mga new employee sila and still under probation. pinakamatagal 10 months. Pwede ko ba sila kasuhan ng blackmail or something?

Harapin ko naman kahit magfile sila e.

 

2. isang tao ko din nagfile din re salary. nkaproject base sya. nang macheck ko time in and out nya for the past 2 years almost 4 hours lang pinapasok nya.

pwede ko bang gawin grounds yun as countercharge?

 

Thank you in advance mga sir!

 

Aside from what Roubiax said, depende rin sa kung ano yung balak nilang ikaso sa iyo, at kung ano yung ibig sabihin nila by "areglo." Ang imporante, on the documentation side, kumpleto kayo as employer. Employment contracts, time logs (kung meron), payslips with the calculations for deductions etc. That strengthens your case if ever man mapunta kayo sa NLRC. Even then, expect that the arbiter will encourage you to settle with the employees.

 

Also, by "probation" do you mean probationary employee, or "probation" meaning they are under some kind of sanction? (At kung "probationary employee" bakit may 10 months na probationary?)

 

Yung sa project employee, same as above. Documentation is nearly everything in labor law and labor arbitration.

[jifinickle]

Good morning mga boss!

 

Question lang po. Naghiwalay kami ng exgf ko. Di kami kasal. Meron kaming anak mag 2 yrs old sya ngayon. Ngayon po nanghihingi ako ng time para makasama ko anak ko at least pag day off ko pero ang problema ayaw nila na ilalabas ko ng bahay nila ang anak ko. Kung bibisita daw ako dun lang daw kami sa loob ng kwarto. Eh ang gusto ko po mangyari is pag off ko lalabas kami at iuuwi ko sya sa bahay para makapag bonding kami ng maayos.

 

Any advice po na pede ko magawa?

[bonito99]

baby steps first.

followtheir terms first.

Good morning mga boss!

Question lang po. Naghiwalay kami ng exgf ko. Di kami kasal. Meron kaming anak mag 2 yrs old sya ngayon. Ngayon po nanghihingi ako ng time para makasama ko anak ko at least pag day off ko pero ang problema ayaw nila na ilalabas ko ng bahay nila ang anak ko. Kung bibisita daw ako dun lang daw kami sa loob ng kwarto. Eh ang gusto ko po mangyari is pag off ko lalabas kami at iuuwi ko sya sa bahay para makapag bonding kami ng maayos.

Any advice po na pede ko magawa?

[jifinickle]

baby steps first.

followtheir terms first.

Thank you for replying to my message. Do I really have no other choice?

[yellowjacket]

 

1. If its solely about salary, they have no case. Unless you are paying more than minimum wage. Also, you must be remitting their BIR, SSS, Pag-ibig contributions. They can file a case for that.

 

2. If its project based, is there a written contract stating the period of tenure? If its just "verbal", the DOLE might consider that person as regular if the duties are necessary to your company. On your counter, you can present proof of her working 4 hours only. But if you did nothing about it in 4 years, you will have a weak case for counter arguing.

 

Hi Sir Roubaix. wala kasi ko contract sa kanila. can i make them sign for the contract kahit may complain na sila? Thank you sir.

[yellowjacket]

 

Aside from what Roubiax said, depende rin sa kung ano yung balak nilang ikaso sa iyo, at kung ano yung ibig sabihin nila by "areglo." Ang imporante, on the documentation side, kumpleto kayo as employer. Employment contracts, time logs (kung meron), payslips with the calculations for deductions etc. That strengthens your case if ever man mapunta kayo sa NLRC. Even then, expect that the arbiter will encourage you to settle with the employees.

 

Also, by "probation" do you mean probationary employee, or "probation" meaning they are under some kind of sanction? (At kung "probationary employee" bakit may 10 months na probationary?)

 

Yung sa project employee, same as above. Documentation is nearly everything in labor law and labor arbitration.

 

Hi sir Johncarter. Probationary employee po. di po ba pwede i extend ang probationary period nila to one year? Thank you sir.

[rudder]

1. may driver ako na nag awol. actually on the spot iniwan yung truck n may byahe. then more than a week hindi pumasok after may tumawag ibang company na hingi ng certification na clear samin yung driver at bbyaran nila yung balance na utang samin nung driver ko. hindi nmin binigyan ng certification yung driver which is needed sa pier micp pra mkabyahe.

2. ipina dole kmi ng driver dhil lng sa hindi nmin pagbbgay ng certification. which is hindi nmn cya nag pa clear at bgla nlng hindi pumasok at may utang pa.

 

mga bro ano ba pde nmin gawin? pde b kmi mag claim din ng damages sa abala n ginawa nya? or may mali ba sa part nmin? thanks

[nuneynu]

Our family is currently in a feud regarding the estate my grandparents left. My mom, who is a direct heir passed away already. Leaving me and my brother as successors. We are contemplating on filing a case in court for our claim since they refuse to divide the estate. The estae is worth 100m based on bir zonal valuation. Diivided by 8 children, including my mom.

[Roubaix]

This is a tough one. It is best to file for letters of administration. File a petition in the city where one of the properties is located. Give notice to the other heirs. That way you can "force" a settlement and get your 12.5% of the estate. Have yourself bought out. Even if you end up with less than 10%. That 2.5% will go to legal fees anyway.

 

 

Our family is currently in a feud regarding the estate my grandparents left. My mom, who is a direct heir passed away already. Leaving me and my brother as successors. We are contemplating on filing a case in court for our claim since they refuse to divide the estate. The estae is worth 100m based on bir zonal valuation. Diivided by 8 children, including my mom.

[nuneynu]

Thank you for your reply sir. In the event that we decide to file a case in court. I was told that the court filing fee is very expensive. Approximately how much should we prepare if such event does happen.

 

Thank you in advance for sharing your knowledge.

[bullets27]

Sir, tanung ko langpo, yung kaibigan ko nag apply siya ng work dahil sa below age pa siya ginamit nya yung sa pinsan nya na birtcertificate at kumuha siya ng NBI. tanung lang niya, dhil nasa hustong gulang na siya ngayn pwede naba nya gamitin yung totoong pangalan nya dahil nasa tamang edad na siya, pwede pa rin ba siya kumuha ng panibagong NBI. maraming salamat po. at kung anung magandang hakbang na gawin.

[Goodlookz]

Pwede ka bang makasuhan ng misis mo kung nakabuntis ka ng ibang babae bago mo siya pinakasalan?

[jazon7099]

Pwede ka bang makasuhan ng misis mo kung nakabuntis ka ng ibang babae bago mo siya pinakasalan?

Pwede po

[nuneynu]

This is a tough one. It is best to file for letters of administration. File a petition in the city where one of the properties is located. Give notice to the other heirs. That way you can "force" a settlement and get your 12.5% of the estate. Have yourself bought out. Even if you end up with less than 10%. That 2.5% will go to legal fees anyway.

 

 

[nuneynu]

Around how much will it cost me for the court filinf fee if i want to file an inheritance claim in court. The estate has a bir zonal valuation of 100m. There are 8 children.

[Roubaix]

Filing fees for an inheritance claim will be around 3-4% of the value of the land. So, you are looking at at least 3M filing fees.

 

But if you are just filing for letters of administration, it might be cheaper. Plus, as an administration, you might be able to ask for a monthly stipend. It is best to go to a clerk of court in a hall of justice and just inquire about the fees.

 

 

Around how much will it cost me for the court filinf fee if i want to file an inheritance claim in court. The estate has a bir zonal valuation of 100m. There are 8 children.

[nuneynu]

Wow! That is really alot. I don't think i could afford that. Finally, my share for the estate would only be about 12.5m. On filing fee alone, i'll be spending so much already. Dagdagan pa ng attorney's fee and other charges. May matira pa kaya sa akin?

 

I'm really thinking it over. Kaya lang baka not worth the expenses.

Filing fees for an inheritance claim will be around 3-4% of the value of the land. So, you are looking at at least 3M filing fees.

 

But if you are just filing for letters of administration, it might be cheaper. Plus, as an administration, you might be able to ask for a monthly stipend. It is best to go to a clerk of court in a hall of justice and just inquire about the fees.

 

 

Edited September 24, 2018 by nuneynu

[Roubaix]

Wow! That is really alot. I don't think i could afford that. Finally, my share for the estate would only be about 12.5m. On filing fee alone, i'll be spending so much already. Dagdagan pa ng attorney's fee and other charges. May matira pa kaya sa akin?

 

I'm really thinking it over. Kaya lang baka not worth the expenses.

 

True, but inquire into filing for letters of administration. I did one many years ago and its not 3% of the value of estate. Go to a clerk of court in a Hall of Justice near you

[nuneynu]

 

True, but inquire into filing for letters of administration. I did one many years ago and its not 3% of the value of estate. Go to a clerk of court in a Hall of Justice near you