legal Free Legal Advice

[LordJaden]

Thanks a lot bro jojoendejr., nakakalakas ng loob yung reply mo. Tomorrow morning na negotiation namin hopefully maging okay ang result but I seriously doubt it. Mukhang aim talaga nila wag magbayad kaya ittransfer ako. What can I do kaya in case hindi kame magkasundo? File a case? Kasi mga tao ko ganun din ang case nila kaya parepareho na kami. Any idea on how much i would spend sa lawyer, etc? All advises will be greatly appreciated. Thanks sa lahat...

[jojoendejr]

Thanks a lot bro jojoendejr., nakakalakas ng loob yung reply mo. Tomorrow morning na negotiation namin hopefully maging okay ang result but I seriously doubt it. Mukhang aim talaga nila wag magbayad kaya ittransfer ako. What can I do kaya in case hindi kame magkasundo? File a case? Kasi mga tao ko ganun din ang case nila kaya parepareho na kami. Any idea on how much i would spend sa lawyer, etc? All advises will be greatly appreciated. Thanks sa lahat...

 

 

That's a labor case. What you should do in case na hindi sila magbayad ng inyong benefits is to go to DOLE sa Banawe, Quezon City. That's near McDo. Go to the legal dept and tell them that you are filing a labor case. They will give you a form na you should fill up. Once na fill-up mo na ang form, you will have it notarized. Mura lang iyon and there are many notary public in the area. After that, you will file it. May filing fee ito but very minimal. You will then wait for the notice from the Labor Arbiter who will handle your case. You may or may not engage the services of counsel. But preferably, kumuha ka na. I suggest you go to the nearest Public Attorneys' Office (PAO) to assist you. Do you know Land registration Authority (LRA) at East Avenue, Quezon City? The PAO office is near there. That's a govt office kaya you don't need to pay them. Bigyan mo na lang ng konting pang-meryenda. Regards!

[jojoendejr]

question po. if the summons from the prosecutor were not received by the respondent as the respondent is erroneously identified, thereafter, the crim case was resolved by the prosecutor on the basis of the complaint, does the respondent have any recourse now that the case is pending in court? what is the time frame for the filing of the case in court if the case is slight physical injuries (two counts)

 

 

A Slight Physical Injury case is covered by the Rules on Summary Procedure which should be filed before the Court within 60 days from the time it occurred. Of course, hindi counted sa running ng 60-day period ang time na na-pending ito sa Barangay Lupon and the time na na-pending ito sa Prosecutors' Office. At any rate, a Respondent cannot question if he was not notified by the Prosecutors' Office coz this kind of case may be filed directly. Also, in cases covered by the Rules on Summary Procedure, a Respondent is not entitled to a Preliminary Investigation at the Prosecutors' Office.

 

If you were not properly identified, then I will suggest that you proceed to trial and use this as a defense. An Accused who is not properly identified is entitled to an acquittal on the ground of failure to prove guilt beyond reasonable doubt (Obviously, if the complainant or his witnesses cannot identify you properly, there is doubt. Right?)

[Dr_PepPeR]

What are the Big Five Law Firms in the Philippines?

 

My guess in no particular order:

 

1. Sycip Salazar

2. Romulo Mabanta

3. Carpio Villaraza

4. ACCRA

5. Castillo Laman

[jojoendejr]

My guess in no particular order:

 

1. Sycip Salazar

2. Romulo Mabanta

3. Carpio Villaraza

4. ACCRA

5. Castillo Laman

 

 

With due respect, kaya lang I don't think we can just arrange them like that. Are we talking about big law firms when it comes to general practice or as experts in one particular area? Kasi if we talk about criminal law, in my opinion, Justice Pamaran's law firm should be included in the top five. In human rights cases, same thing sa law firm ni Ex-Sen. Rene Saguisag (although in his present condition, there might be some question if he will be back to his old fighting self). Peace!

[LordJaden]

Thanks a lot Sir jojoendejr., I already had a meeting with the representative of my boss this morning and as I had suspected, they are really out to take advantage of us. They offered me a position at the other company that my boss owns, a little upgrade in the salary, car plan, etc., but I will have to start as probationary (they then can kick me out anytime). Furthermore, I will have to resign first from my present company. Kapal ng mukha nila grabe. Do they think I'm that stupid? I just listened to their proposal but neither accepted nor outright turned down their offer. I wanted to delay the negotiations until the time na malapit na magtake over ang new company so they'll be forced to take more drastic actions. And also so that they will have limited time to think of ways to get me out of the company without paying the separation. Ganun sila sa paningin ko now eh. I think they will try to find other ways to remove me without paying, hahanap sila butas, but I wont let them. What should I do kaya if ever, just continue going to work even when the new owners take over? Am I right to stay working with my present company until I receive their notice of termination, even if they will order me to report to the new company?

 

Mukha talaga kaso na ito, coz I really cant accept the way they are treating us after I have served them loyally for eight years, and two of my staff for 10 yrs. Family na daw turing nila sken hehe, gulangan ba ko hehe..

 

Sir jojoendejr. I owe you sir, hope to meet you one of this days. IT IS BECAUSE OF PEOPLE LIKE YOU WHY I LOVE MTC!

[rafer_alston]

question lang po..

 

may business po kami na water refilling station at di naman po malaki kinikita ko buwan buwan..ang question ko po is..

 

if di po ako nakakabayad ng BIR ko (although meron akong BIR permit 2003 pa nga lang) and 2005 pa last payment ko sa Mayor's permit..

 

what will happen if suddenly nasita ako ng BIR at Mayor's office?? puro penalties ba yung babayaran ko or they will file a case against me for not paying the proper taxes??

 

thanks sa sasagot!!

 

[jojoendejr]

Thanks a lot Sir jojoendejr., I already had a meeting with the representative of my boss this morning and as I had suspected, they are really out to take advantage of us. They offered me a position at the other company that my boss owns, a little upgrade in the salary, car plan, etc., but I will have to start as probationary (they then can kick me out anytime). Furthermore, I will have to resign first from my present company. Kapal ng mukha nila grabe. Do they think I'm that stupid? I just listened to their proposal but neither accepted nor outright turned down their offer. I wanted to delay the negotiations until the time na malapit na magtake over ang new company so they'll be forced to take more drastic actions. And also so that they will have limited time to think of ways to get me out of the company without paying the separation. Ganun sila sa paningin ko now eh. I think they will try to find other ways to remove me without paying, hahanap sila butas, but I wont let them. What should I do kaya if ever, just continue going to work even when the new owners take over? Am I right to stay working with my present company until I receive their notice of termination, even if they will order me to report to the new company?

 

Mukha talaga kaso na ito, coz I really cant accept the way they are treating us after I have served them loyally for eight years, and two of my staff for 10 yrs. Family na daw turing nila sken hehe, gulangan ba ko hehe..

 

Sir jojoendejr. I owe you sir, hope to meet you one of this days. IT IS BECAUSE OF PEOPLE LIKE YOU WHY I LOVE MTC!

 

 

 

Ganun? Ang tindi nila 'no? Hehe. Just stay reporting for work until they formally notify you na cease operations na sila or the new administration takes over, whichev er comes first. Then demand for your benefits. If they ignore you, go to DOLE. Godbless!

[jojoendejr]

question lang po..

 

may business po kami na water refilling station at di naman po malaki kinikita ko buwan buwan..ang question ko po is..

 

if di po ako nakakabayad ng BIR ko (although meron akong BIR permit 2003 pa nga lang) and 2005 pa last payment ko sa Mayor's permit..

 

what will happen if suddenly nasita ako ng BIR at Mayor's office?? puro penalties ba yung babayaran ko or they will file a case against me for not paying the proper taxes??

 

thanks sa sasagot!!

 

 

 

In case of the Business Permits and Licenses Dept of the Mayor's Office, they will first issue to you a notice with warning. If you ignore it, then padadalhan ka ng second (last) notice and warning. If you still ignore, isasarado ang business mo at malaki ang penalty mo. Take note that tyhe Mayors' Office have the authority to issue a closure order sa erring establichments.

 

In the case of the BIR, halos ganun din. Pag may nakapag-tip sa kanila, iinspeksiyunin nila kung tutuo. Then padadalhan ka ng notice and warning. Pag binale-wala mo, padadalhan ka ng first assessment notice. But in the case of BIR, tax offenses are conbsidered criminal in nature. Which means, may kulong.

[MNdMud4s3x]

A Slight Physical Injury case is covered by the Rules on Summary Procedure which should be filed before the Court within 60 days from the time it occurred. Of course, hindi counted sa running ng 60-day period ang time na na-pending ito sa Barangay Lupon and the time na na-pending ito sa Prosecutors' Office. At any rate, a Respondent cannot question if he was not notified by the Prosecutors' Office coz this kind of case may be filed directly. Also, in cases covered by the Rules on Summary Procedure, a Respondent is not entitled to a Preliminary Investigation at the Prosecutors' Office.

 

If you were not properly identified, then I will suggest that you proceed to trial and use this as a defense. An Accused who is not properly identified is entitled to an acquittal on the ground of failure to prove guilt beyond reasonable doubt (Obviously, if the complainant or his witnesses cannot identify you properly, there is doubt. Right?)

 

oks. thanks. is the resolution of the prosecutor considered by the court as a replacement of the information? the summons sent by the MTC merely notifies the respondent that there is a hearing of the case filed against him on a certain date. no attachements. nevertheless, the respondent was sent a copy of the resolution by the prosecutor. in summary procedure, wala na bang information? sufficient na ang resolution for the court to have jurisdiction? assuming na same lang sila, is it proper for the court to send summons without the accompanying resolution? di ba dapat i furnish rin so that the respondent could be appraised of the nature and cause against him?

Edited January 18, 2008 by MNdMud4s3x

[rafer_alston]

thanks boss jojoendejr.,

 

so, if wala pa yung warning ko, ignore ko na lang muna..kasi ilang years na din akong di nasisita eh, baka pag nagpalit na ng Mayor...(kilala naman ng parents ko yung Mayor pero di close kaya medyo kabado din ako..hehhe)

 

sa BIR naman, wala namang nagtitip sa akin eh, kasi medyo lie low ako sa business ko eh...

 

[jojoendejr]

oks. thanks. is the resolution of the prosecutor considered by the court as a replacement of the information? the summons sent by the MTC merely notifies the respondent that there is a hearing of the case filed against him on a certain date. no attachements. nevertheless, the respondent was sent a copy of the resolution by the prosecutor. in summary procedure, wala na abng information? sufficient na ang resolution for the court to have jurisdiction? assuming na sama lang sila, is it proper ofr the court to send summons without the accompanying resolution? di ba dapat i furnish rin so that the respondent could be appraised of the nature and cause against him?

 

 

No, no. You got it mixed-up bro. The procedure is like this:

1. Complainant goes to the Barangay to file a complaint before the Lupon Tagapamayapa. Hearings (at least 3) will be held there. The 60-day period stops running during the time na pending sa Barangay ang case. If no settlement is reaqched, the Certificate to File Acdtion in Court is issued by the Barangay Lupon.

 

2. Armed with that certificate, complainant goes to the Prosecutors Office (piskalya) to file his complaint affidavit and affidavit of his witnesses. His evidences will also be filed there.

 

3.If the complaint falls under the Rules on Summary Procedure (like Slight Phys. Injuries), the Prosecutor (piskal) may or may not call for a hearing. If he needs clarification, ipapatawag niya by subpoena ang Respondent. If he thinks the complaint and supporting documents are sufficient, he may even issue the Resolution recommeding the complaint to be filed in Court WITH THE INFORMATION ATTACHED to his Resolution. The Resolution and the Information are two separate documents.

 

4. Once the Information is filed in Court, the judge will issue a subpoena notifying the Respondent (who by now will be referred to as the Accused) of the date and time of hearing. Only then can the Accused get a copy of the complaint and other docs filed by the Complaiant.

 

NOTE: in (3) above, if the Respondent is lucky that the Prosecutor did not resort to direct filing but instead subpoenaed the Respondent and Complainant for a hearing, the Respondent will also have the chance to secure copies of the Complaint and evidences of the Complainant. Does this clarify matters? Just pm me if not. Regards!

 

thanks boss jojoendejr.,

 

so, if wala pa yung warning ko, ignore ko na lang muna..kasi ilang years na din akong di nasisita eh, baka pag nagpalit na ng Mayor...(kilala naman ng parents ko yung Mayor pero di close kaya medyo kabado din ako..hehhe)

 

sa BIR naman, wala namang nagtitip sa akin eh, kasi medyo lie low ako sa business ko eh...

 

 

 

Ingat din! Baka ma-tsambahan ka bro. Hehe.

[laruku]

mga sir ask ko lang kung paano po ba yung mga vacation leaves.. law imposed po ba yun na kapag hindi ninyo nagamit yung VL's ninyo for the year eh dapat po ba convertible to cash or i force leave kayo para magamit ninyo? thanks in advance...

[Dr_PepPeR]

mga sir ask ko lang kung paano po ba yung mga vacation leaves.. law imposed po ba yun na kapag hindi ninyo nagamit yung VL's ninyo for the year eh dapat po ba convertible to cash or i force leave kayo para magamit ninyo? thanks in advance...

 

Vacation leaves are supposed to be a benefit so you can take a break from work. Generally, they are not convertible to cash unless (1) You were not allowed to avail of your VL (2) You retired or resigned and still have earned unavailed VL (3) It is a company policy to convert VL into cash if unavailed.

[laruku]

[qoute]Vacation leaves are supposed to be a benefit so you can take a break from work. Generally, they are not convertible to cash unless (1) You were not allowed to avail of your VL (2) You retired or resigned and still have earned unavailed VL (3) It is a company policy to convert VL into cash if unavailed.

[/qoute]

 

as per say company policy... so sir if hindi po policy nang company na iconvert sa cash yung VL... wala na po tayo magagawa kundi tanggapin na lang na mafoforfeit siya kung hindi po magagamit? thanks in advance po ulit sa mga sagot...