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Free Legal Advice


Butsoy

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ei guys help naman...yung DSL connection ko is paputol-putol...mga every 5-10 minutes napuputol yung connection...ok lang since maliit na nuisance lang naman...kaso pag nagda-download ako sa mga sites like Rapidshare or Megaupload e hindi ako makatapos kahit mabilis yung rate of download...so I have to start over again and again...question ko is kung may way ba to download the same file where I last left off...for example nasa 20% completed na yung file tas na-dc...i want it to be na sa next try ko e asa itutuloy nya yung download sa 20% ulit...thanks...

 

Bro this answer is not about your connection issue but about your question with rapidshare. Rapidshare has an auto-resume function where you can continue to download from the point where it was disconnected and this is only for premium account holders, which means "paying customers". :cool:

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i have a problem with my monitor. I transferred my computer to another house. As I connected all the cables and put the power on, I noticed that the monitor was not responding. The power cable of the monitor was connected to the pc's power supply. I then connected the power cable directly to the avr and it opened for a few seconds then off again. The video cable was always connected to the video port. Is it a monitor or video card issue?

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Another supposition.

 

As what is stated above under the Family COde the child has the right to support even if you are not married. Supposing the father is willing to give support but files a case for custody of the child. What does the law say pertaining to child custody to unwed parents?

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With the current AMLA mentality of the BSP, I would strongly advise limiting ITF accounts to those opened for minors by their parents. If a person claims to be a legal guardian, you will need a court order appointing that person to be the legal guardian. This may be extreme, I know, but the purported legal guardian as signatory to the account will have full power of disposition over the funds deposited in the account. The court order will protect you from liability in case other persons start to claim the funds.

 

With respect to an SPA, it is up to the other party, in which case your bank, whether or not to accept it. The law does not require you to accept an SPA and in fact the risk is borne by the party accepting an SPA. So if in doubt, get an opinion from your Legal Department and follow it, again to CYA.

 

As to generality in the powers, if it is couched in general terms, then it is not an SPA. To be on the safe side, I suggest being conservative, that is, it should be very specific, clearly mentions the power to withdraw and sign receipts etc. Again, I recommend getting an opinion from Legal, just for CYA.

 

 

My thoughts exactly about those SPAs. The usual primary question I ask, when did the owner of the account leave the country? Sagot ex. dec 21, 2006. Tapos yung date ng notarization is January 15, 2007. Common sense would tell us to reject the SPA. Or minsan may discrepancy sa signature. Then AAwayin ka pa. Its really hard to educate our people :huh:

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I have been getting random pc lockups recently

Didnt do anything special though.

Every so often mag hahang ung pc at freeze, cant move mouse etc..

Dunno whats causing this.

Scanned with Norton AV & Webroot spysweeper wala naman.. Sigh =(

 

I usually encode videos for about 8 hours hen use the pc but minsan ok naman recently nag hahang siya.

Even after a restart random din biglang hihinto

Edited by kUrTsKY
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I have been getting random pc lockups recently

Didnt do anything special though.

Every so often mag hahang ung pc at freeze, cant move mouse etc..

Dunno whats causing this.

Scanned with Norton AV & Webroot spysweeper wala naman.. Sigh =(

 

I usually encode videos for about 8 hours hen use the pc but minsan ok naman recently nag hahang siya.

Even after a restart random din biglang hihinto

 

what was the very last thing you did before the problem started? did you plug in any new HW or installed any new SW prior to the issue?

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Maybe also because I left my PC for long time baka overheated.

Or maybe dahil tagal ko mag encode ng videos..

Pero wala eh kahit after a fresh restart nangyayari to random kaya di ko ma pinpoint error!

 

Dunno nga eh

Pls help nakaka badtrip na talaga every how many minutes nag stastall pc ko or lockup ba tawag dun

Ung tipong not responding ung mga running programs tapos ayaw mag CTRL+ALT+DEL

Tapos ung mga installation at program na iloload ko super bagal Hayzzz!

Ano ba to ! :angry:

Edited by kUrTsKY
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My thoughts exactly about those SPAs. The usual primary question I ask, when did the owner of the account leave the country? Sagot ex. dec 21, 2006. Tapos yung date ng notarization is January 15, 2007. Common sense would tell us to reject the SPA. Or minsan may discrepancy sa signature. Then AAwayin ka pa. Its really hard to educate our people :huh:

 

Unfortunately sometimes the decision to honor an SPA becomes a marketing decision. You may be legally and procedurally correct but your client may not take it lightly. So it comes to a choice between mollifying your client or being legally safe.

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Another supposition.

 

As what is stated above under the Family COde the child has the right to support even if you are not married. Supposing the father is willing to give support but files a case for custody of the child. What does the law say pertaining to child custody to unwed parents?

 

If the parents are unwed, the child would be illegitimate. Art. 176 of the Family Code provides: "Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code."

 

To be able to exercise parental authority, the mother MUST have custody over the child. Therefore, custody of illegitimate children, as a general rule, is given by law to the mother.

 

However, if the father is willing to give support, Article 204 of the Family Code also provides that "The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto."

 

In other words, the father can ask that he be allowed to give support by taking in the child. Should the mother be willing to give up the child to the father, no problem.

 

However, should the mother be unwilling to give up the child, she can refuse to give custody to the father saying there is a legal obstacle thereto — this would be Art. 176 (which says that custody should generally be given to the mother).

 

If the father insists on custody, he can file a case to get custody of the child, in which case he has to prove that it is for the betterment of the child that custody be granted to him. In this connection, Section 14 of the Rule on Custody of Minors should be kept in mind.

 

Section 14. Factors to consider in determining custody. - In awarding custody, the court shall consider the best interests of the minor and shall give 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;

(B) 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.

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Guys, kelan nag kakaroon ng employee-employer relationship?

 

With all due respect, if you are a student (law or otherwise) please do your homework on your own. Read Book 1 of Azucena's "The Labor Code with Comments and Cases," the answers are there in Book III (e.g. control test, power of selection and engagement, payment of wages, power of dismissal).

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