legal Free Legal Advice

[rocco69]

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.

 

 

tama ang payo nung iba na kailangan talagang dumaan yan sa Civil Registrar. Ang problema mo kasi this year ka aalis, while ang hearing mo ay next year pa, baka di umabot sa planned date of departure mo. Note that the DFA, pag nag-iissue ng passport ang sinusunod sa passport ang pangalan na nag-aappear sa birth certificate.

 

Your other option, aside from applying with the Civil Registrar for correction (mukhang matatagalan ka dito eh, baka di umabot sa plano mong date ng pag-alis), is to just apply for a passport using the current (yung may maling spelling) birth certificate. Bale, ang lalabas na pangalan sa passport mo ay yung maling spelling. Then, to reconcile this name with all your other records, ang babaguhin mo, yung school records mo at other documents. For correction of elementary and high school records, punta ka sa Legal Division ng DECS sa Pasig, meron sila doong list of requirements for correction of records (dun ka na rin mag-aaplay) para magtugma na yung passport mo at school records mo. Yung sa college, sa school registrar ka mag-aaplay (kasi di na sila covered ng DepEd, at sabi ng CHED school na ang bahala dito). Same with SSS, GSIS, etc. Dun ka na rin mag-aaplay for correction of the name appearing on their records. You will probably need to execute an affidavit stating that your name and the wrong name refer to one and the same person. Probably, another affidavit of the same tenor to be executed by your parents or two other disinterested but knowledgeable and credible persons.

 

Pero, this step means you will now have to use the incorrectly spelled surname and middle name that appears on your birth certificate. If you can live with this, then you can opt for this solution. Otherwise, kung gusto mo talagang gamitin yung tamang spelling, then apply with the Civil Registrar for correction.

 

Also, before you opt for this, ask the authorities involved kung magagawa nilang ma-correct yung school and other records mo within the year, otherwise, kung di rin naman, eh di sa correction of entry ka na with the Civil Registrar.

[rocco69]

Tanong lang po:

 

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

 

Thanks.

 

Sa pagkaka-alam ko, the NSO issues Certification of No Marriage (Cernoma). Dito lumalabas kung kinasal na ba ang isang tao o hindi. Di ko lang alam kung pwedeng mag-apply ang kahit sino with respect to a certain person. Pero, theoretically, dapat kahit sino pwedeng pag-apply, otherwise, how can prospective brides or grooms check on the status of their partners. Anyway, kung enterprising ka naman, I think you can find a way around this should the NSO require an authorization from the person whose status is being checked.

[simple_denise]

Sa pagkaka-alam ko, the NSO issues Certification of No Marriage (Cernoma). Dito lumalabas kung kinasal na ba ang isang tao o hindi. Di ko lang alam kung pwedeng mag-apply ang kahit sino with respect to a certain person. Pero, theoretically, dapat kahit sino pwedeng pag-apply, otherwise, how can prospective brides or grooms check on the status of their partners. Anyway, kung enterprising ka naman, I think you can find a way around this should the NSO require an authorization from the person whose status is being checked.

 

 

Thanks

[talaba24]

i have been working for this company for 10 years already and during this period, i managed to rise from the ranks. in the course of my employment, i had access to various information that should be kept confidential especially from competitors. now, the company is asking me to sign a "confidentiality agreement" which states that in order for the company to protect its investments in terms of research, client base, i can not work for another company of the same nature if ever i separate (for whatever reason) from the company.

 

eto yung part of the contract:

 

The OBLIGOR acknowledges and recognizes that the COMPANY has invested enormous time, effort, money and other resources in developing its clientele and in recruiting and training its officers and staff. Accordingly, the OBLIGOR agrees that in the event of resignation, retirement or separation from the COMPANY, he shall not, within three (3) years from the effective date of the termination of employment or relation with the COMPANY: (i) be employed with, or work for, another person or entity which has the same business as, or otherwise competes with, the COMPANY; or (ii) solicit any business, employment, or work from any of the COMPANY’s clients; or (iii) recruit or employ the services of any member of the COMPANY’s officers, employees, consultants or affiliates, without prior written consent of the COMPANY.

 

should i sign this? what if i decide to leave them for a better opportunity? maliit lang ang market for my profession, and in all likelihood, yung mapupuntahan kong company (if ever) is a competitor.

thanks

[jake_roxas]

Tanong lang po:

 

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

 

Thanks.

 

The quickest and the most inexpensive thing to do is to ask the person him/herself. Then verify with her/his friends, etc.

 

And if all these fail, you can ask for professional help - http://www.philippinedetectives.com/

[jake_roxas]

Anyway, kung enterprising ka naman, I think you can find a way around this should the NSO require an authorization from the person whose status is being checked.

 

I hope we are not suggesting forgery or falsification.

[jake_roxas]

i have been working for this company for 10 years already and during this period, i managed to rise from the ranks. in the course of my employment, i had access to various information that should be kept confidential especially from competitors. now, the company is asking me to sign a "confidentiality agreement" which states that in order for the company to protect its investments in terms of research, client base, i can not work for another company of the same nature if ever i separate (for whatever reason) from the company.

 

eto yung part of the contract:

should i sign this? what if i decide to leave them for a better opportunity? maliit lang ang market for my profession, and in all likelihood, yung mapupuntahan kong company (if ever) is a competitor.

thanks

 

i think its fair enough although with or without that provision, you are still bound in confidence based per se on the nature of the relationship.

 

just ensure that what you are receiving will be commensurate to the the 3 yrs in which you will not be gainfully employed in the same profession.

[the messiah]

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

 

so using the mere word alone cant be considered as constructive dismissal?? its shud be backed up by an action or anything to that effect??

 

another question, i overheard from a businessman that he is not paying their employee the minimum wage required by law n yet he is doing it legally, is there truth to this?? is there a loophole in the minimum wage law??

[agentjackbauer]

If Im not mistaken, yeah, meron mga exempt like yung mga small enterprises employing 15 (if I remember correctly) employees or less.

[agentjackbauer]

i have been working for this company for 10 years already and during this period, i managed to rise from the ranks. in the course of my employment, i had access to various information that should be kept confidential especially from competitors. now, the company is asking me to sign a "confidentiality agreement" which states that in order for the company to protect its investments in terms of research, client base, i can not work for another company of the same nature if ever i separate (for whatever reason) from the company.

 

eto yung part of the contract:

should i sign this? what if i decide to leave them for a better opportunity? maliit lang ang market for my profession, and in all likelihood, yung mapupuntahan kong company (if ever) is a competitor.

thanks

 

 

Go ahead sign it. Its void anyway. He he. That provision is actually not a confidentiality clause but a non-compete (non-competition) one. Based on a very recent Supreme Court decision (I promise to look for it within the week), this non-compete clause may be deemed void for being vague and for overbreadth. There must be a definitiveness as to the area (territory) where one may not be employed plus I think 3 years is also too long for it to be valid. Anyway, before I rattle on from memory, I better stop and look for that darn case, ha ha.

 

Do check also if there is a provision for liquidated damages in your contract in the event that you breach it.

Edited September 5, 2006 by agentjackbauer

[Waterbearer]

another question, i overheard from a businessman that he is not paying their employee the minimum wage required by law n yet he is doing it legally, is there truth to this?? is there a loophole in the minimum wage law??

Under Republic Act (RA) 9178, or the Barangay Micro Business Enterprises (BMBE) Act of 2002

 

SEC. 8. Exemption from the Coverage of the Minimum Wage Law. The BMBEs shall be exempt from the coverage of the Minimum Wage Law. Provided, That all employees covered under this Act shall be entitled to the same benefits given to any regular employee such as social security and healthcare benefits.

 

 

SEC. 3. Definition of Terms - As used in this Act, the following terms shall mean:

 

1. (a) "Barangay Micro Business Enterprise," hereinafter referred to as BMBE, refers to any business entity or enterprise engaged in the production, processing or manufacturing of products or commodities, including agro-processing, trading and services, whose total assets including those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, shall not be more than Three Million Pesos (P3,000,000.00). The above definition shall be subject to review and upward adjustment by the SMED Council, as mandated under Republic Act No. 6977, as amended by Republic Act No. 8289

[simple_denise]

I hope we are not suggesting forgery or falsification.

 

No, we're going to do forgery. My friend wants to know if the person she's going out with is still single. But, NSO would require some LOA from the person. SO, I think she dont have any way to know it.

[Waterbearer]

No, we're going to do forgery. My friend wants to know if the person she's going out with is still single. But, NSO would require some LOA from the person. SO, I think she dont have any way to know it.

What's the guy's full name? :evil:

 

Better hire a private investigator or if you could get a copy of your guys Annual Income tax Return or Voter information from COMELEC or credit card details or you could visit the HRD Dept of your labs :boo:

Edited September 6, 2006 by Waterbearer

[the messiah]

Under Republic Act (RA) 9178, or the Barangay Micro Business Enterprises (BMBE) Act of 2002

 

SEC. 8. Exemption from the Coverage of the Minimum Wage Law. The BMBEs shall be exempt from the coverage of the Minimum Wage Law. Provided, That all employees covered under this Act shall be entitled to the same benefits given to any regular employee such as social security and healthcare benefits.

SEC. 3. Definition of Terms - As used in this Act, the following terms shall mean:

 

1. (a) "Barangay Micro Business Enterprise," hereinafter referred to as BMBE, refers to any business entity or enterprise engaged in the production, processing or manufacturing of products or commodities, including agro-processing, trading and services, whose total assets including those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, shall not be more than Three Million Pesos (P3,000,000.00). The above definition shall be subject to review and upward adjustment by the SMED Council, as mandated under Republic Act No. 6977, as amended by Republic Act No. 8289

 

any other loopholes?? i overheard him mentioning about sumthing that has to do wit contracts.... sumwat lyk an agreement between employer - employee that the latter wud agree to recieve only such an amount.... dont u guys think its unfair??

[Waterbearer]

any other loopholes?? i overheard him mentioning about sumthing that has to do wit contracts.... sumwat lyk an agreement between employer - employee that the latter wud agree to recieve only such an amount.... dont u guys think its unfair??

I smell a violation.