legal Free Legal Advice

[ungas123]

mga bro's tanong ko lang kung may habol ba sa akin ang isang company kung sakaliong pumirma na ako ng employment contract sa kanila and before the start date I backed out?

 

Need your advise on this. Thanks!

[M16A2]

Yup.

 

A nicely worded "Motion for Early Resolution" would be of help.

 

Congratulations, despite the delays.

 

Thanks. Di talaga biro ang mag demanda. You will have to devote time, money,

and effort. Now the name of the school owners will be inscribed in our SCRA forever.

[TMX_626]

if a couple is currently not in good terms and the husband decides to move out of the home. the wife now has custody of the lone child but refuses visitation rights to the husband. the husband contemplates the option of filing for custodianship of the child.

 

how does he go about it? cost? time frame?

[Agent_mulder]

Corny ang mga covers ng mga new breed of pinoy rock bands sa mga kanta ng mga OPM artists from the 70's and the 80's...

[rocco69]

1. If my aunt and my cousin refuse to sign the deed of partition, what other legal alternatives can we do so that we can finally have the property subdivided?

 

You may file an action for partition with the court to compel your aunt and the eldest of your cousins to recognize your right to have the lot subdivided, the title cancelled, and two new titles issued (one in your father's name, the other in the name of the heirs of your uncle).

 

2. What is the impact of this property on the estate tax of my uncle? I presume it has not been paid or even processed so I dont even want to think of the penalties since it is over 6 months from the death of my uncle and therefore, estate tax should have been filed and paid already.

 

Since the property is co-owned by your father and his brother (as in fact, it is titled in both their names), I am assuming that they each own 1/2, and therefore, the estate tax imposable should only consider half the value of the property. Penalties, if any, should be charged only on 1/2 of the property (that pertaining to your uncle), so I don't think you need to worry about the tax.

 

Hi, hope you can help me on my problem :

 

1. My dad and his brother owned a piece of land when they were both single. Since my uncle moved to Batangas, my dad built our family home on his side of the property ( there is only one title under both their names).

 

2. My uncle died three years ago and the heirs are not in speaking terms. My cousins are divided into two sides - five of my cousins have decided to band together against their eldest sister and my aunt. My aunt has been estranged ( although not legally) from my uncle for several years before his death. We doubt if estate tax has been paid on their properties.

 

My problem is this :

 

My dad now wants to have the title divided into two so that my uncle's heirs can take their portion while my dad would have his portion, especially since our family home is on his side. There is no building or any improvements on my uncle's side. My dad had already prepared a legal document to divide the property ( I'm sorry but I;m not sure of the exact name; I think its a deed of partition) which my five cousins signed. However, my aunt and my other cousin has yet to sign the document.

 

My question is this :

 

1. If my aunt and my cousin refuse to sign the deed of partition, what other legal alternatives can we do so that we can finally have the property subdivided?

 

2. What is the impact of this property on the estate tax of my uncle? I presume it has not been paid or even processed so I dont even want to think of the penalties since it is over 6 months from the death of my uncle and therefore, estate tax should have been filed and paid already.

[rocco69]

Sa ilalim ng Article 285 ng Labor Code, kailangang may written notice sa employer AT LEAST ONE MONTH IN ADVANCE na winawakasan mo na ang employer-employee relationship, kung hindi, pwede kang panagutin ng danyos ng employer mo. Tingnan mo ang kontratang pinirmahan mo kung nakalagay na dun ang danyos na pwedeng ipataw sa iyo. Otherwise, the general rule that the employer has to prove the amount of damages it suffered will apply.

 

Kaya lang, malaki ang hinala ko na di na maghahabol ang employer mo kasi para ka panagutin, maghahabla pa sila, dagdag-gastos lang yun. Mas madaling kumuha na lang ng kapalit, at sabay siraan ka sa ibang prospective employers by blacklisting your name. Kung gago talaga ang employer mo, ipupublish ko na lang ang picture mo sa diyaryo na may caption na di ka na connected sa kumpanya at di nila sasagutin ang anumang transaksyong papasukan mo sa ngalan ng kumpanya (kaya lang, gastos din yun kaya malabong mangyari).

 

mga bro's tanong ko lang kung may habol ba sa akin ang isang company kung sakaliong pumirma na ako ng employment contract sa kanila and before the start date I backed out?

 

Need your advise on this. Thanks!

[rocco69]

how does he go about it?

 

he hires a lawyer, who will prepare the petition for custody of minor

 

cost?

 

depends on the lawyer he gets. if you want to get Katrina Legarda or a big law firm, expect to pay through the nose. If you get a lawyer whio has newly-passed the bar, the amount should be way smaller.

 

time frame?

 

a year or two.

 

Just keep in mind the following factors (Sec. 14, Rule on Custody of Minors) that will be considered by the Court in awarding custody:

 

the best interests of the minor, giving paramount consideration to his material and moral welfare. The best interests of the minor refer to the totality of the circumstances and conditions as are most congenial to the survival, protection, and feelings of security of the minor encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the minor.

 

The court shall also consider the following:

 

(a) Any extrajudicial agreement which the parties may have bound themselves to comply with respecting the rights of the minor to maintain direct contact with the non custodial parent on a regular basis, except when there is an existing threat or danger of physical, mental, sexual or emotional violence which endangers the safety and best interests of the minor;

( The desire and ability of one parent to foster an open and loving relationship between the minor and the other parent;

© The health, safety and welfare of the minor;

(d) Any history of child or spousal abuse by the person seeking custody or who has had any filial relationship with the minor, including anyone courting the parent;

(e) The nature and frequency of contact with both parents;

(f) Habitual use of alcohol, dangerous drugs or regulated substances;

(g) Marital misconduct;

(h) The most suitable physical, emotional, spiritual, psychological and educational environment for the holistic development and growth of the minor; and

(i) The preference of the minor over seven years of age and of sufficient discernment, unless the parent chosen is unfit.

 

if a couple is currently not in good terms and the husband decides to move out of the home. the wife now has custody of the lone child but refuses visitation rights to the husband. the husband contemplates the option of filing for custodianship of the child.

 

how does he go about it? cost? time frame?

[TMX_626]

how does he go about it?

 

he hires a lawyer, who will prepare the petition for custody of minor

 

cost?

 

depends on the lawyer he gets. if you want to get Katrina Legarda or a big law firm, expect to pay through the nose. If you get a lawyer whio has newly-passed the bar, the amount should be way smaller.

 

time frame?

 

a year or two.

 

Just keep in mind the following factors (Sec. 14, Rule on Custody of Minors) that will be considered by the Court in awarding custody:

 

the best interests of the minor, giving paramount consideration to his material and moral welfare. The best interests of the minor refer to the totality of the circumstances and conditions as are most congenial to the survival, protection, and feelings of security of the minor encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the minor.

 

The court shall also consider the following:

 

(a) Any extrajudicial agreement which the parties may have bound themselves to comply with respecting the rights of the minor to maintain direct contact with the non custodial parent on a regular basis, except when there is an existing threat or danger of physical, mental, sexual or emotional violence which endangers the safety and best interests of the minor;

( The desire and ability of one parent to foster an open and loving relationship between the minor and the other parent;

© The health, safety and welfare of the minor;

(d) Any history of child or spousal abuse by the person seeking custody or who has had any filial relationship with the minor, including anyone courting the parent;

(e) The nature and frequency of contact with both parents;

(f) Habitual use of alcohol, dangerous drugs or regulated substances;

(g) Marital misconduct;

(h) The most suitable physical, emotional, spiritual, psychological and educational environment for the holistic development and growth of the minor; and

(i) The preference of the minor over seven years of age and of sufficient discernment, unless the parent chosen is unfit.

 

 

thanks for the advice sir... malaking tulong po ito!

 

mabuhay po kayo! :thumbsupsmiley:

[dianne]

can anyone tell me what to do?

 

ung ginawa ng mom ko na birthcertificate with my step dad as my father ay di po pala na register and yon ang ginamit ko til nag asawa ako, nung kumuha ako ng authenticated na birth certificate ko from NSO ung sa real father ko pala ang nandun. please help!

[bonito99]

@diane: What would you want to happen?

[naru2ako]

Sa akin as long na may own touch cla ng revivals, 0k lang!

[The Designer]

Actually... I wouldn't jump the gun on this. Vista will for sure allow you to install itself on top of XP, but MS has never really given a roll back of the OS that has really been reliable. What you would have to do is first remove Vista, and then install XP again. That's 3 hours at least right there....

 

And NO... Operating Systems are not like any other programs. There are System Programs which inculde OS, and then there are Application Programs which inculde your word, excel, etc...

 

Sorry for the incomplete info about my last post. when I mentioned "can simply uninstall and reinstall the OS" I was referring to clean OS reinstallation process for both OS versions... this is how my post should have been, "yes you can simply uninstall and reinstall win XP or win Vista on your pc anytime you want with the clean reinstallation process" kaya ko rin nasabi na OS are just like other programs na pwede mo uninstall & reinstall anytime you want. peace! :cool:

[silvercross0816]

can anyone tell me what to do?

 

ung ginawa ng mom ko na birthcertificate with my step dad as my father ay di po pala na register and yon ang ginamit ko til nag asawa ako, nung kumuha ako ng authenticated na birth certificate ko from NSO ung sa real father ko pala ang nandun. please help!

 

 

Ganun talaga, sa birth certificate, yung tunay na magulang at other details of your birth ang nakalagay. Hindi legal para sa mother mo na ilagay ang pangalan ng ibang tao (step dad mo) and represent him as your father. Your mom may be held liable for simulation of birth.

[dianne]

@diane: What would you want to happen?

 

i want to know if there is an easiest way to process my birth certificate na yong sa step dad ko ang father cause i've been using it since i started school til i got married. sabi kasi ng LCR my step dad have to file for adoption since ung sa real father ko ang naka register dun.

[wEbStAr]

Good morning!!!

 

Ask ko lang kung may easy way na mabago yung records ng birth certificate from nso and origin of birth?

 

Kasi ang papalitan lang naman e gender? E sabi sa ken e kelangan daw pumunta dun sa munisipyo ng origin of birth then may mga hearings pa daw to.

 

Please advise.

 

Marami pong salamat!!!