legal Free Legal Advice

[Dr_PepPeR]

Can anyone help me here? Are job offer letters binding?

 

What does this mean?

 

Termination of employment: Upon successful completion of the probationary period, either party may terminate employment for any reason with one calendar month's notice in writing or one month's salary may be paid in lieu of notice.

 

Can I still resign before the completion of the probationary period? Does this mean that I'm under contract to complete the probationary period?

 

In general, on the employee's part, job offer letters are not binding, even if signed by the employee. On the other hand, such offer letters are generally binding on the part of the employer, particularly when it comes to compensation and benefits.

 

The termination clause after probation status is not too well crafted. It just means that you can resign upon giving your employer 30 days notice that you are leaving. I seriously doubt that the employer may terminate the employee for any reason as stated in that clause. Once you become a regular employee, you are entitled to security of tenure, which means that you cannot be involuntarily separated except for cause as provided under the Labor Code.

 

You may resign before the completion of the probationary period and even after. There is no such thing as involuntary servitude. Take a look at your contract first though, if training/seminars have been given there might be a penalty clause.

[touchdown06]

Mga bossing, ano po ibig sabihin ng line na to:

 

Pagwalang internet:

 

C:\WINDOWS\system32\ping.exe

 

Pinging 10.0.0.1 with 32 bytes of data:

 

Request time out.

Request time out.

Request time out.

______________________________

pagOK na:

Pinging 10.0.0.1 with 32 bytes of data:

 

Reply from 10.0.0.1: bytes=32 time=28ms TTL=63

Reply from 10.0.0.1: bytes=32 time=90ms TTL=63

Reply from 10.0.0.1: bytes=32 time=10ms TTL=63

 

 

 

P.S SA SMARTBROAD PO YAN.

Attached ko sana ung pic kaso hindi ako marunong.

 

Maraming salamat po.

[friendly0603]

thanks po mga sirs...

[Google]

Mga bossing, ano po ibig sabihin ng line na to:

 

Pagwalang internet:

 

C:\WINDOWS\system32\ping.exe

 

Pinging 10.0.0.1 with 32 bytes of data:

 

Request time out.

Request time out.

Request time out.

______________________________

pagOK na:

Pinging 10.0.0.1 with 32 bytes of data:

 

Reply from 10.0.0.1: bytes=32 time=28ms TTL=63

Reply from 10.0.0.1: bytes=32 time=90ms TTL=63

Reply from 10.0.0.1: bytes=32 time=10ms TTL=63

P.S SA SMARTBROAD PO YAN.

Attached ko sana ung pic kaso hindi ako marunong.

 

Maraming salamat po.

 

yung 10.0.0.1, ata yung IP address ng gateway ng smart broadband mo. ok lang yan.

ping means that your connection is open.

[kenji_1989]

Tanong lang guys. Yung current PC ko kasi (AMD setup), ang nadedetect lang ng Windows ay 137GB. Sabi daw, kailangan SP2 ng WinXP para madetect yung buong 160GB. Yung installer ko kasi ng XP, wala siyang integrated na SP2. Kapag bumili ba ako ng Windows XP na may SP2 Integrated, automatic na niya ba madedetect yung buong hard disk size? Yaw ko kasi magpartition sana e hatiin sa tig 80GB. Sayang.

 

UP ko lang po yung question koh..

[xcalibr]

Hello. I'd like to ask for your help in connecting to my linksys broadband router. I tried connectiong thru http://192.168.1.1/ but I could not access the GUI of the router. Need your help guys. Thanks

[ej_qn]

Case: Physical Therapist I want to sue due to Illegal practice of P.T. He doesn't have a license.

 

Here's the story: Back in 2004 Mr. P.T. was a student in Fatima, he's an intern there kaya it's legal for him to handle me since he was under the supervision of their senior rehab doctor. I was suffering from muscle pains on my neck and shoulders so the rehab doctor made me do an x-ray. The x-ray just showed that I have spasms so the rehab doctor put Mr. P.T. under my care. For the following 2 years Mr. P.T. has been treating me until it was time for his board exams. He failed miserably, he got a GPA of 69%. I didn't know that until a few months later when his older brother told me because his brother secretly opened the letter of Mr. P.T.'s P.T. board exam results. After knowing that I immediately stopped visiting his home for treatment. I went to another rehab doctor and did another neck x-ray..... they found my neck's c5 and c6 section was severly stressed and compacted. The ligaments are almost gone meaning I was deliberately cracking my neck OR Mr. P.T. did something wrong during my therapies. I already called the PRC to confirm if Mr. P.T. has retaken the board but they said that I'm not allowed to know that sort of information. So what my attorney suggested is that I have a friend or someone I can trust go to their place and videotape the entire therapy session while asking Mr. P.T. some questions like his name, his school, batch, when did he take his board exams, his license..etc. All those questions are not offensive, in fact they should be informed to the patient by the attending medical professional. Even just show a license. The bad part is, Mr. P.T. was always asking me to pay a fee for the P.T. services. 100 pesos if the therapy is at his home and 200 pesos if it's a home service. All I need is someone who can help me and pose as a patient who needs therapy and ask those questions and catch him on video accepting the payment. My attorney suggests that the "patient" should act like he's doing a documentary and working as a media student from some broadcast company like ABS or GMA and tell them ahead that the camera is for a project ala, reality show kaya the patient can play along w/o Mr. P.T. or his family being aware of it. It's an ingenious plan just to gather evidence but all my friend are outta town.

[_Pabling]

UP ko lang po yung question koh..

 

sir ano po yung mobo mo? lam ko kc ung max HDD size limitation nde sa OS but sa design ng mobo.

 

Hello. I'd like to ask for your help in connecting to my linksys broadband router. I tried connectiong thru http://192.168.1.1/ but I could not access the GUI of the router. Need your help guys. Thanks

 

try opening a CMD prompt and do an ipconfig command.

 

tignan mo kung ano yung IP sa DHCP, yun na router mo.

 

HTH guys :thumbsupsmiley:

[bonito99]

@* OJH: show 'em.

[oliverjohnholmes]

@* OJH: show 'em.

 

bro... yeah it's been a while...

 

got a few questions for the learned men here... verily i am stumped myself... no, it's not some pop quiz for school...

 

Case A:

in a statutory rape case, can the parents of the rape victim pardon the accused by a written agreement formalized in front of barangay officials stipulating that once the victim turns eighteen they would marry?

 

Case B:

in a case of a bigamous marriage, but the first spouse could not be found, and the second spouse opts for declaration of nullity of marriage, what would the consequence be on the spouse seeking such nullity (ie any tax implications, matters of co ownership over properties and the like)?

 

how's life been treating you bro?

 

Edited April 17, 2007 by oliverjohnholmes

[jojoendejr]

bro... yeah it's been a while...

 

got a few questions for the learned men here... verily i am stumped myself... no, it's not some pop quiz for school...

 

Case A:

in a statutory rape case, can the parents of the rape victim pardon the accused by a written agreement formalized in front of barangay officials stipulating that once the victim turns eighteen they would marry?

 

Case B:

in a case of a bigamous marriage, but the first spouse could not be found, and the second spouse opts for declaration of nullity of marriage, what would the consequence be on the spouse seeking such nullity (ie any tax implications, matters of co ownership over properties and the like)?

 

how's life been treating you bro?

 

 

Bro I'll just comment on the criminal case (Case A) since it is my forte. 1) Criminal cases like statutory rape case cannot be the subject of an amicable settlement. A criminal case is an offense against the State and not against any particular person. That is why the title of criminal case is "People of the Philippines vs. .......". I other words, the private complainant is reduced to being a witness for the State. In actual practice, however, private complainants may execute an affidavit of desistance where the complainant will signify under oath that he is no longer interested in pursuing the case. In which case, the Prosecutor (Fiscal) will have no choice but to request for te dismissal of the case for lack of witness.

 

An agreement (or even contract) that one person will marry another is not an enforceable agreement/contract. Nobody can force anyone to marry another. This means the consent to marry is vitiated and if such consent is vitiated, this is a ground for the nullification of the marriage (kung somehow ay natuloy) considering that one of the very essential requisites of marriage (which is the consent freely given) is lacking.

[oliverjohnholmes]

Bro I'll just comment on the criminal case (Case A) since it is my forte. 1) Criminal cases like statutory rape case cannot be the subject of an amicable settlement. A criminal case is an offense against the State and not against any particular person. That is why the title of criminal case is "People of the Philippines vs. .......". I other words, the private complainant is reduced to being a witness for the State. In actual practice, however, private complainants may execute an affidavit of desistance where the complainant will signify under oath that he is no longer interested in pursuing the case. In which case, the Prosecutor (Fiscal) will have no choice but to request for te dismissal of the case for lack of witness.

 

An agreement (or even contract) that one person will marry another is not an enforceable agreement/contract. Nobody can force anyone to marry another. This means the consent to marry is vitiated and if such consent is vitiated, this is a ground for the nullification of the marriage (kung somehow ay natuloy) considering that one of the very essential requisites of marriage (which is the consent freely given) is lacking.

 

 

Thanks bro... the "kasunduan" entered into is at best a faulty tactic designed to avoid liability on the part of the accused... i also understand affidavits of desistance and this document is not one of them... clearly the affidavit of desistance must not include any form of benefit or reward especially in crimes... my issue here is whether statutory rape cases, the victim being a minor, can an affidavit of desistance executed by the parents at the time of minority be valid and binding upon the victim once she reaqches age of majority and chooses to file a case?

 

thank you too for the quick review on the essential requisites of marriage... isn't this an endemic defect for pardon in rape cases?

 

 

[fauxhead]

1. Can the parents of the rape victim pardon the accused by a written agreement formalized in front of barangay officials stipulating that once the victim turns eighteen they would marry?

 

Yes. There is no law forbidding victims from giving pardon to the accused. In fact, it is something encouraged by those in the "business" of providing moral standards in our society. The agreement will be considered a pardon and the condition to marry once the victim turns 18 shall be considered as not written.

 

The rule would be different if the tenor of the written instrument is a compromise. We all know that compromise agreements are not recognized in criminal law, at least in theory.

 

However, it begs the question: will it have any legal effect?

 

Generally, it will have no legal effect as to the criminal liability of the accused. Under the third paragraph of Section 344, pardon of the offended party as an absolutory cause is now only applicable in seduction, acts of lasciviousness and abduction. Since crime is now considered a crime against persons, it should be considered excluded there. At the most, the pardon will only result in the waiver of the civil liability of the accused as expressed in Section 23, RPC.

 

On the other hand, under the fourth paragraph of Section 344 of the RPC, it is the valid marriage that is deemed a pardon. A promise to marry will not do.

 

The following scenarios may come up:

 

First scenario, the minor does not agree with the parents. Even with that pardon extended by the parents, the minor can institute the prosecution of the accused.

 

Second scenario, the minor may agree with the parents but still the State may institute the prosecution. Rape is now a public crime. The State, under the principle of parens patriae, may step in to protect the rights of the victim. This will hold true when the State can procure the conviction of the accused even without the cooperation of the victim and her parents (existence of other eyewitnesses, etc.).

 

However, in case the State cannot prove the guilt of the accused without the cooperation of the victim and the parents, the document would have the effect of a compromise agreement. The accused can probably take shelter under the "compromise agreement" but only up to the point that he can convince the victim and her parents not to institute prosecution. Since said compromise agreement is not recognized, the victim and her parents can always renege on it.

 

 

 

 

bro... yeah it's been a while...

 

got a few questions for the learned men here... verily i am stumped myself... no, it's not some pop quiz for school...

 

Case A:

in a statutory rape case, can the parents of the rape victim pardon the accused by a written agreement formalized in front of barangay officials stipulating that once the victim turns eighteen they would marry?

 

Case B:

in a case of a bigamous marriage, but the first spouse could not be found, and the second spouse opts for declaration of nullity of marriage, what would the consequence be on the spouse seeking such nullity (ie any tax implications, matters of co ownership over properties and the like)?

 

how's life been treating you bro?

 

[fauxhead]

Generally, it will have no legal effect as to the criminal liability of the accused. Under the third paragraph of Section 344, pardon of the offended party as an absolutory cause is now only applicable in seduction, acts of lasciviousness and abduction. Since the crime of rape is now considered a crime against persons, it should be considered excluded there. At the most, the pardon will only result in the waiver of the civil liability of the accused as expressed in Section 23, RPC.

 

 

1. Can the parents of the rape victim pardon the accused by a written agreement formalized in front of barangay officials stipulating that once the victim turns eighteen they would marry?

 

Yes. There is no law forbidding victims from giving pardon to the accused. In fact, it is something encouraged by those in the "business" of providing moral standards in our society. The agreement will be considered a pardon and the condition to marry once the victim turns 18 shall be considered as not written.

 

The rule would be different if the tenor of the written instrument is a compromise. We all know that compromise agreements are not recognized in criminal law, at least in theory.

 

However, it begs the question: will it have any legal effect?

 

Generally, it will have no legal effect as to the criminal liability of the accused. Under the third paragraph of Section 344, pardon of the offended party as an absolutory cause is now only applicable in seduction, acts of lasciviousness and abduction. Since crime is now considered a crime against persons, it should be considered excluded there. At the most, the pardon will only result in the waiver of the civil liability of the accused as expressed in Section 23, RPC.

 

On the other hand, under the fourth paragraph of Section 344 of the RPC, it is the valid marriage that is deemed a pardon. A promise to marry will not do.

 

The following scenarios may come up:

 

First scenario, the minor does not agree with the parents. Even with that pardon extended by the parents, the minor can institute the prosecution of the accused.

 

Second scenario, the minor may agree with the parents but still the State may institute the prosecution. Rape is now a public crime. The State, under the principle of parens patriae, may step in to protect the rights of the victim. This will hold true when the State can procure the conviction of the accused even without the cooperation of the victim and her parents (existence of other eyewitnesses, etc.).

 

However, in case the State cannot prove the guilt of the accused without the cooperation of the victim and the parents, the document would have the effect of a compromise agreement. The accused can probably take shelter under the "compromise agreement" but only up to the point that he can convince the victim and her parents not to institute prosecution. Since said compromise agreement is not recognized, the victim and her parents can always renege on it.

[vagabond]

i'm sort of a middle man or in the trading business...

 

one of my clients owes me a huge amount of money and she gave me post dated checks to assure me. but recently her checking account got closed, though she informed me of it and asks for an extension.

 

i need the money soon and could no longer give in to her requests. i already given her 9 months but still she has just gave me a measly amount of what she owes me.

 

what is my recourse? tnx.