legal Free Legal Advice

[webmaster_ph]

agree...i think they have a group dedicated to it.

 

so be careful, its easy to track your ip.

[webmaster_ph]

@all: last post was on the topic of nbi monitoring this forum. apologies...

 

@bonito99: thanks bro. fyi: the company didn't even provide training for my friend; no formal class or certificates. it was all a farce 'coz it was the job itself so called "on-the-job training" disguised as "training". technically, they spent on the trip and accomodations but these are job-related. necessities for accomplishing your tasks. what do you think?

[Tenjho_Recca_0]

Mga bro meron b kau alam how much is the cost, kahit rough estimate lang how much to annull a civil marriage? Less than 1 year lng kami kasal pero it did not work out kaya naghiwalay na lng kami. Any idea?

[Wolf]

Mga bro meron b kau alam how much is the cost, kahit rough estimate lang how much to annull a civil marriage? Less than 1 year lng kami kasal pero it did not work out kaya naghiwalay na lng kami. Any idea?

It will depend on the ground, not on the length of marriage.

[linux_distro]

Thank you for the helpful info. We were thinking of having the wife and children sign a document saying that they are selling the property and in case my mother experiences problems from the contract, like someone else trying to claim rights over the property, they will hold themselves liable for that. The problem of course is that they can easily avoid their responsibilities by simply moving to a new and undisclosed residence where we can't find them in case there is a problem.

 

On the other hand, your mother can use this "dilemma" to negotiate for a lower price. Further, your mother may offer partial payment of the price, the balance payable upon expiration of the 2 year period - just make sure she takes immediate possession of the property.

 

Good luck.

[linux_distro]

Mga bro meron b kau alam how much is the cost, kahit rough estimate lang how much to annull a civil marriage? Less than 1 year lng kami kasal pero it did not work out kaya naghiwalay na lng kami. Any idea?

 

My cousin filed an annullment in southern Tagalog. He paid P150T in a package deal; his lawyer assured him of favorable decision. I undertstand the amount covered everything like publication, appearance fees, psychologist, of course attorney's fees and "others".

[mlpf]

How much will cost to hire a lawyer for collecting bouncing checks?

 

I suggest you let the fiscal handle it once the case is filed in court. Most of the time, bouncing checks cases are settled in court. These cases rarely seldom go to trial. It is expensive to hire a private lawyer. Bouncing checks cases take as long as 5 years to finish since our courts are swamped with cases.

[gulaman]

Magkakakaso ka ba kung nakabundol ka ng pedestrian na biglang tumawid nong nag greenlights na yong sa mga sasakyan?

[rocco69]

Depende. Ayun sa Land Transportation and Traffic Code:

 

Sec. 44. Signals on starting, stopping or turning. -

(a) The driver of any vehicle upon a highway, before starting, stopping or turning from a direct line, shall first see that such movement can be made in safety, and if any pedestrian may be affected by such movement, shall give a clearly audible signal by sounding the horn, and whenever the operation of any other vehicle approaching or following may be affected by such movement, shall give a signal plainly visible to the driver of such other vehicles of the intention to make such movement.

 

So, kahit green na ang traffic light, may katungkulan ang driver na siguruhin na ligtas nang umabante bago siya umarangkada.

 

Pero, may katungkulan din yung pedestrian na wag tumawid pag green na.

 

Kaya, lumalabas na posibleng may kapabayaan sa bawat panig. Kapag ganitong may kapabayaan sa parehas na panig, kung sino yung may huling pagkakataon para maiwasan yung aksidente ang mananagot (although pwedeng bawasan ang danyos dahil may kapabayaan din naman yung kabilang panig).

 

Ang issue bale ay: meron pa bang pagkakataon ang driver na maiwasang masagi yung pedestrian nung bigla itong tumawid? Kung oo, sabit siya. Kung hindi, lusot siya.

 

Ang isa mo pang problema, pag me grabeng nasaktan o namatay, lagi talagang magkakaso ang fiskal, bale ang prinsipyong sinusunod nila sa ganitong pagkakataon "dun ka na sa korte magpaliwanag." In other words, me kasalanan ka man o wala, me kaso talaga, bahala ka nang depensahan ang sarili mo sa korte

 

Magkakakaso ka ba kung nakabundol ka ng pedestrian na biglang tumawid nong nag greenlights na yong sa mga sasakyan?

[id6230]

How much will cost to hire a lawyer for collecting bouncing checks?

 

It all depends. Some charge percentage of the total amount. Some charges a standard fee regardless of the amount. Lawyers are also negotiable when it comes to fees in general.

[senestroring]

Is there a provision in Philippines law to file for personal bankruptcy?

[dylandark]

Ask ko lang po.. Ano po ba ung AGABON doctrine? sa agabon vs. nlrc. And paano ito marelate sa serrano vs. NLRC. ?? Thank yu po!

Best Regards

[Pinoymale]

On the other hand, your mother can use this "dilemma" to negotiate for a lower price. Further, your mother may offer partial payment of the price, the balance payable upon expiration of the 2 year period - just make sure she takes immediate possession of the property.

 

Good luck.

 

My mom made some inquiries and found out that the BIR won't allow ownership of the property to change hands unless an extra-judicial settlement is made and taxes are paid, so that's that. You can always count on the BIR to insist on strict compliance when going after their share, hehe.

[Wolf]

Ask ko lang po.. Ano po ba ung AGABON doctrine? sa agabon vs. nlrc. And paano ito marelate sa serrano vs. NLRC. ?? Thank yu po!

Best Regards

Assignment ba ito?

 

Ang sabi lang sa Agabun ay magbabayad ng indemnity ang employer sa illegally dismissed employee kapag di nag-comply sa twin notice requirement ang employer pero may just cause sa dismissal. Inalis sa Serrano ang doctrine na ito. Bale babalik na sa Wenphil doctrine na may indemnity.

 

Goodluck! :thumbsupsmiley:

[linux_distro]

Ask ko lang po.. Ano po ba ung AGABON doctrine? sa agabon vs. nlrc. And paano ito marelate sa serrano vs. NLRC. ?? Thank yu po!

Best Regards

 

"The Serrano ruling awarded full backwages and separation pay to the employee who was dismissed for just cause but without the observance of the procedural due process requirement. However, in Agabon v. NLRC, this Court modified the Serrano ruling and awarded nominal damages in the amount of thirty thousand pesos (P30,000.00) including holiday pay, service incentive leave and thirteenth month pay to the petitioners in the said case. This case clarified the criticisms and answered the questions created by the Serrano ruling.

 

The Agabon doctrine enunciates the rule that if the dismissal is for just cause but statutory due process was not observed, the dismissal should be upheld. While the procedural infirmity cannot be cured, it should not invalidate the dismissal. However, the employer should be held liable for non-compliance with the procedural requirements of due process.

 

Where the dismissal is for just cause, as in the instant case, the lack of statutory due process should not nullify the dismissal, or render it illegal, or ineffectual. However, the employer should indemnify the employee for the violation of his statutory rights. The indemnity to be imposed should be stiffer to discourage the abhorrent practice of “dismiss now, pay later,” which we sought to deter in the Serrano ruling. The sanction should be in the nature of indemnification or penalty and should depend on the facts of each case, taking into special consideration the gravity of the due process violation of the employer.

 

The violation of the petitioners’ right to statutory due process by the private respondent warrants the payment of indemnity in the form of nominal damages. The amount of such damages is addressed to the sound discretion of the court, taking into account the relevant circumstances. Considering the prevailing circumstances in the case at bar, we deem it proper to fix it at thirty thousand pesos (P30,000.00). We believe this form of damages would serve to deter employers from future violations of the statutory due process rights of employees. At the very least, it provides a vindication or recognition of this right granted to employees under the Labor Code and its Implementing Rules."

 

It may be also argued that actual or compensatory damages may be recovered in employment termination cases. Actual or compensatory damages are not available as a matter of right to an employee dismissed for just cause but denied statutory due process. The award must be based on clear factual and legal bases and correspond to such pecuniary loss suffered by the employee as duly proven. Evidently, there is less degree of discretion to award actual or compensatory damages."

(Maquiling v. Phil.tuberculosis, G.R. No. 143384. February 4, 2005

http://www.supremecourt.gov.ph/jurispruden...005/143384.htm)

 

"the doctrine in Serrano had already been abandoned in Agabon v. NLRC" (King of Kings v. Mamac, G.R. No. 166208, June 29, 2007, http://www.supremecourt.gov.ph/jurispruden...007/166208.htm)