legal Free Legal Advice

[agentjackbauer]

From what i understand, asking you to resign is like giving you the opportunity to save face from something that is inevitable.....it's not firing....they're doing you a favor.

 

 

Im sorry but I dont quite agree. If an employee is asked to resign and he refuses then the company will most likely initiate dismissal proceedings against the said employee. If the ground is as flimsy as "kung di mo ako makasundo resign ka", then it wont hold water. True, if the employee resigns then he might be able to save face especially if he will surely be dismissed anyway.But then again, a resigning employee will not have the benefit of any separation pay unless company policy provides otherwise (most likely retirement pay siguro). My point is, it doesnt necessarily follow that the company is doing you a favor. Depende na rin kung talagang mabigat ang ground for dismissal, otherwise, mas ok pa na ilaban mo na lang. But then again, case to case basis yan.

[jake_roxas]

wat if sum1 told the employee to resign, for example "kung ndi mo ako makasundo resign ka" is this considered as firing an employee or not???

 

you might be able to build a case for constructive dismissal.

[Kurtsky Keigee]

xvid out of sync HELP!!

 

I downloaded a vid from torrent but was in rmvb format, at ac3 audio so mahina ung sound

Converted it to xvid using a prog, pero DELAYED ung video sa audio

help! Pano ayusin to

Tnx

[the messiah]

you might be able to build a case for constructive dismissal.

 

dud can u further explain?? example pls, tenks

[jake_roxas]

i have a problem with my surname and middle name it was mispelled. all my records in school and other docs carries the same name except my BC (birth cert). local registry told me na kailangan ko pa daw umatend ng hearing next year march. it they also asked me to pay Php1500. i needed this birth cert for my passport application. i am due to leave this year. can somebody help me on this? need reply asap.

 

since this is just a matter of a mispelled surname and middle name, then this is most probably a clerical or typographical error which under Republic Act 9048 maybe corrected without need of a judicial order amending Articles 376 and 412 of the Civil Code of the Philippines, which prohibit the change of name or surname of a person, or any correction or change of entry in a civil register without a judicial order. Republic Act (RA) 9048 authorizes the city or municipal civil registrar or the consul general to correct a clerical or typographical error in an entry and/or change the first name or nickname in the civil register without need of a judicial order. President Gloria Macapagal-Arroyo approved the Act on 22 March 2001. With the law taking effect on 22 April 2001, the Civil Registrar-General promulgated Administrative Order No. 1 Series of 2001, which was published in the newspaper in August that year.

 

The Act allows the correction of clerical or typographical errors in any entry in civil registry documents, except corrections involving the change in sex, age, nationality and status of a person. (A clerical or typographical error refers to an obvious mistake committed in clerical work, either in writing, copying, transcribing, or typing an entry in the civil register that is harmless and innocuous, such as a *MISSPELLED NAME* or misspelled place of birth and the like, and can be corrected or changed only by reference to other existing record or records.)

 

WHO MAY FILE THE PETITION?

 

Whether it is for correction of clerical or typographical error, or for change of first name, the petition may be filed by a person of legal age who must have a direct and personal interest in the correction of the error or in the change of first name in the civil register.

 

A person is considered of legal age when he is eighteen years old and above. Thus, a minor (less than eighteen years old) cannot by himself file a petition, either for correction of clerical or typographical error or for change of his first name.

 

Only the following persons are considered to have a direct and personal interest in the correction of clerical error or change of first name:

 

1. Owner of the record that contains the error to be corrected or first name to be changed

 

 

2. Owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law or by the owner of the document sought to be corrected.

 

 

 

WHAT SHOULD BE THE FORM AND CONTENT OF THE PETITION?

 

The petition, whether it is for correction of clerical error or for a change of first name, should be accomplished properly and in the prescribed form. Section 5 of RA 9048 and Rule 8 of Administrative Order No. 1, S. 2001 require that the petition should be in the form of an affidavit, hence, it should be subscribed and sworn to before a person authorized to administer oath.

 

Basically, the petition must contain the following facts or information:

 

* Merits of the petition

* Competency of the petitioner

* Erroneous entry to be corrected and proposed correction; first name to be changed and the proposed new first name

 

 

 

WHAT SUPPORTING DOCUMENTS ARE REQUIRED FOR CORRECTING A CLERICAL OR TYPOGRAPHICAL ERROR IN A CIVIL REGISTRY DOCUMENT?

 

The petition shall not be processed unless the petitioner supports it with the required documents. The supporting documents should be authentic and genuine, otherwise, the petition shall be denied or disapproved pursuant to Rule 5.8 of Administrative Order No. 1, S. 2001. The following supporting documents are admissible as basic requirements:

 

1. Certified machine copy of the certificate containing the alleged erroneous entry or entries

 

2. Not less than 2 public or private documents upon which the correction shall be based. Examples of these documents are the following: baptismal certificate, voter's affidavit, employment record, GSIS/SSS record, medical record, school record, business record, driver's license, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants, and others.

 

3. Notice and Certificate of Posting

 

4. Certified machine copy of the Official Receipt of the filing fee

 

5. Other documents as may be required by the City/Municipal Civil Registrar (C/MCR)

 

 

 

HOW MUCH IS THE FEE IN FILING A PETITION?

 

The C/MCR and the District/Circuit Registrar (D/CR) are authorized to collect from every petitioner the following rates of filing fees:

 

* One thousand pesos (P1,000.00) for the correction of clerical error

 

In the case of a petition filed with the Consul General (CG), the fees are the same for all Philippine Consulates. The fees are the following:

 

* Fifty U.S. dollars ($50.00) for the correction of clerical or typographical error

 

A migrant petitioner shall pay an additional service fee to the Petition Receiving Civil Registrar (PRCR). This service fee shall accrue to the local treasury of the PRCR.

 

* Five hundred pesos (P500.00) for correction of clerical or typographical error

 

WHERE SHOULD THE PETITION BE FILED?

 

The general rule is that petition shall be filed with the Local Civil Registry Office (LCRO) where the record containing the clerical error to be corrected or first name to be changed is kept. Included in this general rule is the case of the Office of the Clerk of Shari'a Court where records of divorces, revocations of divorces, conversions to Islam are kept and where some Muslim marriages are registered.

 

However, in case the petitioner is a migrant within or outside the Philippines, meaning his present residence or domicile is different from where his civil registry record or records are registered, he may file the petition in the nearest LCRO in his area. His petition will be treated as a migrant petition.

[jake_roxas]

1. To read the full text of the law, click here:

http://www.census.gov.ph/data/civilreg/ra9048.html

 

2. For the ADMINISTRATIVE ORDER NO. 1, SERIES OF 2001

Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 9048, check out:

http://www.census.gov.ph/data/civilreg/irr_ra9048.html

 

3. For press release re: NSO-OCRG issuance of implementing rules and regulations on correction of entries on civil registry documents:

http://www.census.gov.ph/data/pressrelease...1/pr0127tx.html

 

http://www.census.gov.ph/data/civilreg/irr_info.html

[jake_roxas]

dud can u further explain?? example pls, tenks

 

This is where the employee leaves their job due to the employer's behaviour. For example, the employer has made the employee's life very difficult and the employee feels that they cannot remain in their job. When this happens the employee's resignation is treated as an actual dismissal by the employer, so the employee can claim Constructive Dismissal. The employer's actions must have amounted to a fundamental breach of contract.

 

Examples of Constructive Dismissal can include:

 

1. Not supporting managers in difficult work situations.

 

2. Harassing or humiliating staff, particularly in front of other less senior staff.

 

3. Victimising or targeting particular members of staff.

 

4. Changing the employee's job content or terms without consultation.

 

5. Making a significant change in the employee's job location at short notice.

 

6. Falsely accusing an employee of misconduct such as theft or of being incapable of carrying out their job.

 

7. Excessive demotion or disciplining of employees.

 

An employee can resign over one serious incident or due to the build up of a number of incidents. However, the employee must resign soon after the incident in order to be able to rely upon it. Generally the actions of the employer must be a serious breach of contract.

 

Constructive Dismissal & Unfair Dismissal

An employee being constructively dismissed only proves that they were dismissed, it does not automatically prove that the dismissal was unfair, without cause. The employee has to go on and prove that the dismissal was also unfair, without cause.

 

This can be a tricky area, an employee can resign and claim Constructive Dismissal due to the employer's behaviour, but the employer could turn around and say that he (the employer) breached the employment contract, but that it was done, for example, because of the reorganisation of the business. The chances are that the employer will be given the benefit of the doubt. The reason for this is that Employment Tribunals do not like to interfere with business management. If on the other hand the employee resigned because he or she thought that they had been treated too harshly over a disciplinary matter, it would be easier for the Tribunal to look for and find unfairness.

 

For a general explanation of what constructive dismissal is, read it from here - http://en.wikipedia.org/wiki/Constructive_dismissal

[jake_roxas]

More on constructive dismissal:

 

The legal basis of CD is anchored on Art. 285 of the Labor Code. Although an employee terminates the employment relationship with the employer, she does so not on her own volition. Constructive dismissal exists as an involuntary resignation on the part of the employee due to the harsh, hostile and unfavorable conditions set by the employer. In other words, it is an act amounting to dismissal but made to appear as if it were not. In fact, the employee who is constructively dismissed may be allowed to keep on coming to work. Constructive dismissal is therefore a dismissal in disguise.

 

Verily, constructive dismissal is brought about where there is clear discrimination, insensibility or disdain by an employer and this becomes unbearable to the employee. The law recognizes and resolves this situation in favor of employees in order to protect their rights and interests from the coercive acts of the employer. Whereas valid termination by the employee under Art. 285 of the Labor Code contemplates such act to be voluntary, an employee who is forced to relinquish the position held through the employer’s unfair or unreasonable acts is deemed to have been illegally terminated or discharged, as such the termination is implied to be involuntary.

 

The test of constructive dismissal is whether a reasonable person in the employee’s position would have felt compelled to give up his position under the circumstances.

 

[source: G.R. No. 150092. October 20, 2003, GLOBE TELECOM vs. FLORES available at http://www.supremecourt.gov.ph/resolutions...2Oct/150092.htm]

 

See also the case of THE PHILIPPINE AMERICAN LIFE AND GENERAL INSURANCE CO. vs. ANGELITA S. GRAMAJE, [G.R. No. 156963. November 11, 2004] at http://www.supremecourt.gov.ph/jurispruden...2004/156963.htm

[jake_roxas]

3 po kaming magkakaibigan, and we decided that each one invest 200T

to buy a piece of LAND,

 

Puede po bang ilagay sa name naming 3 iyung TITLE nito kung hindi po puede , what other LEGAL ways we CAN do para naman lahat kami ay magkaroon ng right doon sa LUPANG bibilhin namin.

 

Appreciate your replies

 

thanks

S.P.

 

yes you can have the land titled in your names and you will be treated as co-owners, hence, the provisions on co-ownership in the Civil Code may govern.

[Kurtsky Keigee]

PLS HELP! DI ko mapanuod ung xvid!!!!!!!!!!!

[jake_roxas]

:cool: pano po kung yung marriage contract nyo ay hindi nakapirma yung wife mo pero nung kinasal kayo pumirma sya pero nung lumabas na yung marriage contract namin walang pirma applicable ba yun walang maaring problema dun guy ineed yuor opinion

 

 

Unfortunately, your marriage is still VALID.

 

EXECUTIVE ORDER NO. 209 or the THE FAMILY CODE OF THE PHILIPPINES provides as follows:

 

Chapter 1. Requisites of Marriage

 

Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a)

 

Art. 2. No marriage shall be valid, unless these essential requisites are present:

 

(1) Legal capacity of the contracting parties who must be a male and a female; and

 

(2) Consent freely given in the presence of the solemnizing officer. (53a)

 

Art. 3. The formal requisites of marriage are:

 

(1) Authority of the solemnizing officer;

 

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

 

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)

 

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

 

A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n)

 

Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a)

 

Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

 

In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer. (55a)

 

From the above, it appears that the marriage you have contracted, unfortunately, is still VALID.

[jake_roxas]

ako po ulet, help namn po sa direction sa IBP, and whom should i look for. salamat ulet!

 

Address:

 

IBP Building, No.15 Julia Vargas Avenue

Ortigas Center, Pasig City, Philippines

 

Secretariat

Tel. Nos.

631-3018, 631-3014, 634-4697

Fax Nos.

631-3014 & 634-4697

 

Commission on Bar Discipline

Tel. No.

631-26-44

Fax No.

910-0407

 

National Committee on Legal Aid

Tel. Nos.

631-3016, 910-0408

Fax No.

631-3013

 

Accounting

Tel. Nos.

631-3017, 634-4696

 

 

Publications

TeleFax No.

634-4696

 

 

FOR DIRECTIONS: see attached map

[Waterbearer]

Im sorry but I dont quite agree. If an employee is asked to resign and he refuses then the company will most likely initiate dismissal proceedings against the said employee. If the ground is as flimsy as "kung di mo ako makasundo resign ka", then it wont hold water. True, if the employee resigns then he might be able to save face especially if he will surely be dismissed anyway.But then again, a resigning employee will not have the benefit of any separation pay unless company policy provides otherwise (most likely retirement pay siguro). My point is, it doesnt necessarily follow that the company is doing you a favor. Depende na rin kung talagang mabigat ang ground for dismissal, otherwise, mas ok pa na ilaban mo na lang. But then again, case to case basis yan.

Very true.

 

But Like i said.... from what i understood. I identified the problem mostly with probationary employees who are not to be made permanent. I also identified the problem with permanent employees who may have done justifiable cause against the company tantamount to dismissal......But Jake is right.....eitherway constructive dismissal proves that there was dismissal.....in disguise. Moreover, I agree with what he said and i quote

 

"This can be a tricky area, an employee can resign and claim Constructive Dismissal due to the employer's behaviour, but the employer could turn around and say that he (the employer) breached the employment contract, but that it was done, for example, because of the reorganisation of the business. The chances are that the employer will be given the benefit of the doubt. The reason for this is that Employment Tribunals do not like to interfere with business management. If on the other hand the employee resigned because he or she thought that they had been treated too harshly over a disciplinary matter, it would be easier for the Tribunal to look for and find unfairness"

 

Thank you for correcting me.

 

Peace.

Edited September 5, 2006 by Waterbearer

[hitme!!]

I suspect you have a virus in your PC. try to scan your files and look in the documents and settings of your PC. Try also yung mga hidden files mo.. baka naka hide sya.. hope this helps.

[simple_denise]

Tanong lang po:

 

Is there anyway na pwedeng malaman ang status ng isang tao, ie. kung married na ba sya o hindi pa?

 

Thanks.