legal Free Legal Advice

[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...

[Meloy]

1. Yes, if you are able to obtain a Protection Order under Republic Act No, 9262.

2. It depends if the children are still minors. For failure to support the wife, the husband may be charged under Republic Act No. 9262, also known as the "Violence against Women and Children Act". If the children are still minors, the father can be charged under Republic Act No. 9262 or child abuse (Republic Act No. 7610).

3. File a Petition for Nullity of Marriage. Get a protection order. The protection order can be obtained from the Barangay (effective for only 15 days) and the courts.

 

 

question? what's the counterpart for the male specie of the 9262? what if i want a certain girl not bugging me and my family?

[MNdMud4s3x]

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!

 

clear. thanks bro. what keeps me wondring is that the respondent received only a resolution and noty information. now, the MTC sent a subpoena but no attachments whatsoever. now what is the recourse of the respondent?

[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)

 

Since the case is covered by the Rules on Summary Procedure (coz it is Slight Phys. Injuries), you can go anytime to the Court before the scheduled date and time of hearing and secure photocopies of the Complaint-affidavit executed by the complainant, affidavit of his/her witnesses (if any), medical certificate, Information and Resolutio0n issued by the Prosecutors Office. Bring this to your lawyer, if u already engaged one so that he can draft your counter-affidavit and affidavits of your witnesses, if any. If u don't have a lawyer or if u cannot afford to secure the services of a private lawyer, go to the Public Attorneys' Office (PAO). Its office is usually in the same building where the Court is. Request for their assistance.

[bonito99]

question? what's the counterpart for the male specie of the 9262? what if i want a certain girl not bugging me and my family?

 

 

Unjust Vexation.

[Dr_PepPeR]

[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...

 

If there is no company policy on VL conversion, you are supposed to receive the cash equivalent when you resign or retire, unless there is a policy that states that unavailed VL gets forfeited. VLs are mandated benefits, so you can insist that you be allowed to avail of these benefits. However, if you had the chance to avail, but did not do so, then it may be considered forfeited if there is a written policy to that effect.