legal Free Legal Advice

[rocco69]

me bayad yan, to cover admin cost. Yung qwalang OR, yun ang bawal, pwede mo ireklamo sa BIR, pero yung humihingi ng bayad para sa medical certificate, pwede yun

 

Hi

 

the other night nabagsakan ng bote ung paa ng kuya mejo malaki an sugat so kailangan tahiin so dinala namin sya sa malapit na hospital dito sa may amin... ginamot sya ng doctor tinahi ung sugat, nilagay sya ng anti-tetanus at skin test... so ok na.. mejo malaki ung bill 1845 sa liit ng tahi... tpos nanghingi ng medical certificate ung kuya ko para sa reimbursement ng expenses nya kasi di accredited ung medical card nya... sabi ng doctor bumalik ng lng kinabukasan ng 8 am, so bumalik ung wifey ng kuya ko... pumunta sya sa emergency room kung saan gnamot ung kuya ko OPD dw.. tinuro sya ng nurse sa cashier para dun daw mnghingi ng certificate... aba ang sabi sa wifey ng kuya ko... may bayad daw ung medical cert. syempre nagtaka ung wifey ng kuya ko.. at nagtanong bakit magkakabayad eh dun naman gnamot ung kuya ko ska sabi ng doctor naman na yun... ang sagot pa naman eh "tinahi lng naman kc at nilinis ung sugat ng asawa mo eh"... ska policy daw ng hospital un... nakakagigil d b... at isa pa... walang official receipt ung hospital..

 

d ba wala namn bayad un medical certificate? ska may alam po ba kau na law about sa issuance ng medical certificate? para magpprint ako at isusupalpal ko lang sa face nung staff ng hospital na nagsabi nun... please help po...

 

paki PM na lng sa kin ung sagot po... tnx

[Deathwish]

Sheriffs are not allowed to use properties which are under legal custody, especially for personal use. There are a number of cases where sheriffs have been suspended or even dismissed from service for this precise reason.

 

another follow up

 

are sheriffs authorized to take the vehicle's registration papers, even if they already have the vehicle in custody...

i'am just wondering why would the sheriff ask me to meet up with him outside of court to ask for the vehicle's registration that they already have in custody... he was asking for the original registration but i only gave him a copy of it..

[Guest djunya2006]

Hello, I would just like to pose a questions with any of you legal eagles' here. I was paid with a check, but the person who paid it knowingly stopped payment without givin me a reason. Is there anything legat that I can do? Is there a legal term to what this person did?

[mlpf]

Hello, I would just like to pose a questions with any of you legal eagles' here. I was paid with a check, but the person who paid it knowingly stopped payment without giving me a reason. Is there anything legal that I can do? Is there a legal term to what this person did?

 

First, check the notation of the bank officer at the back or the bank advisory. The bank officer will indicate if the check was funded or not when the SPO was issued. If it contained insufficient funds, you can file a case against the person for violating the bouncing checks law (Batas Pambansa Blg. 22).

 

You can also file a case for Estafa (swindling) against the person for issuing the SPO without any justifiable reason.

 

Please get a lawyer to help you draft a demand letter to the person who issued the check. IF the person ignores your letter, go ahead and file a case before the Prosecutors' Office.

[the_mack]

i dont know if this should be here. but im tryin to get suggestions on what should i do.

me and my friends have been pestered by a certain person that we dont know thru txt messaging.

at first, we didnt pay attention to it, we kinda just laughed about it. we even agreed not to text

the number coz theres really no sense replyin to a lunatic. but as days go by, we recieve quite

threatening messages like "ingatan ang kids and family", of course it would really bother us...

this person seem to know what hes talkin about. the person even knew the name of some of

our family members. i know we can just call NTC to complain about the number so they can block

it. but we really wanna know whos behind all of this and how is this person gettin info about us.

we were plannin to go to the authorities, local police or NBI, but we are afraid that there would be

no immediate action if ever they are really gonna do something about it. i just want help from you

guys. thanks in advance.

[mlpf]

i dont know if this should be here. but im tryin to get suggestions on what should i do.

me and my friends have been pestered by a certain person that we dont know thru txt messaging.

at first, we didnt pay attention to it, we kinda just laughed about it. we even agreed not to text

the number coz theres really no sense replyin to a lunatic. but as days go by, we recieve quite

threatening messages like "ingatan ang kids and family", of course it would really bother us...

this person seem to know what hes talkin about. the person even knew the name of some of

our family members. i know we can just call NTC to complain about the number so they can block

it. but we really wanna know whos behind all of this and how is this person gettin info about us.

we were plannin to go to the authorities, local police or NBI, but we are afraid that there would be

no immediate action if ever they are really gonna do something about it. i just want help from you

guys. thanks in advance.

 

You need to go to the police or the NBI (preferably the latter). The problem is that pre-paid SIM cards can be purchased here anonymously. Hence, it is very difficult to know who is sending out the threatening text messages. Anyway, preserve your texts and if possible, back them up in your PC. Hopefully, the authorities here have devices which can track cell phone signals.

[jojoendejr]

You need to go to the police or the NBI (preferably the latter). The problem is that pre-paid SIM cards can be purchased here anonymously. Hence, it is very difficult to know who is sending out the threatening text messages. Anyway, preserve your texts and if possible, back them up in your PC. Hopefully, the authorities here have devices which can track cell phone signals.

 

 

Why don't u just change ur SIM? If the text messages kept coming after u changed ur number, that means the sender is one who is just near u (Kaya nga nalaman niya agad ang abo mong number eh.) At least the number of ur possible suspects will be trimmed and at the same time, hindi ka niya mabu-buwisit in the meantime.

[the_mack]

You need to go to the police or the NBI (preferably the latter). The problem is that pre-paid SIM cards can be purchased here anonymously. Hence, it is very difficult to know who is sending out the threatening text messages. Anyway, preserve your texts and if possible, back them up in your PC. Hopefully, the authorities here have devices which can track cell phone signals.

 

i thought about going to the NBI.. but i am not so confident that they can do something about it ASAP, with more important things to investigate about, threathening text messages would be secondary for them i think. does anyone know anyone from the NBI? just so i can talk to that person personally and maybe i can ask for suggestions.. thanks.

 

 

Why don't u just change ur SIM? If the text messages kept coming after u changed ur number, that means the sender is one who is just near u (Kaya nga nalaman niya agad ang abo mong number eh.) At least the number of ur possible suspects will be trimmed and at the same time, hindi ka niya mabu-buwisit in the meantime.

 

 

i am using this number for a good 8 years now, i just dont wanna change numbers just coz of a lunatic texter. and some of us thats gettin messages have postpaid plans so thats really not an option. but thanks for the suggestion, man. i really appreciate it.

[ghetto_gospel]

hi! i need a little bit more information about employers forcing their employess to resign, separation pays and all that sort from you guys.

 

here's the scenario....i'm currently working in an american company (e-commerce company) located somwhere here in ortigas. during the beginning of this year, we had a meeting with our CEO about the comapny, not letting go of any emplyoees this year. this comapny actually has a very good reputation of terminating employees without any due process and all that.

 

ok, the real story begins here:

 

after the big meeting, in a couple of days, the management decided to let go 20% of our support team. and i believe it is because we are very much affected by the US recession. those who were terminated were asked to leave and settle all the paperworks within the day. the next day after this, we (sales dept) had another meeting with our CEO to clarify all the issues. looking at the brighter side of this big turn of events, our CEO said that the sales dept will be safe from retrenchment since we are the bread and butter of the company.

 

during the past few weeks, another big turn has happend. quite a good number of sales people were forced to resign and as per the management, these are the ones with the poorest performance. one thing that concerns me is that, as per all these who got relieved, they won't receive any backpay...i mean, they will still receive a small amount but what is actually due for them won't be given.

 

sorry for all the lack of info coz im not really good in writing, specially for the ones as long as this.

 

so...my question would be:

 

1) is there any law about due processes for termination and separation pays??

[mlpf]

so...my question would be:

 

1) is there any law about due processes for termination and separation pays??

 

The law gives an employer the right to terminate the services of its employees to obviate or to minimize business losses. This right, however, may not be exercised arbitrarily or whimsically. Article 283 of the Labor Code lays down the conditions for the exercise of right, thus:

 

"Art. 283. Closure of establishment and reduction of personnel. � The employer may also terminate the employment of any employee due to the installation of labor saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor saving devices or redundancy, the worker affected thereby shall be entitled to separation pay equivalent to at least his one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year."

 

The requisites for valid retrenchment under the foregoing provision are:

 

(1) necessity of the retrenchment to prevent losses and proof of such losses;

 

(2) written notice to the employees and to the Department of Labor and Employment at least one month prior to the intended date of retrenchment; and

 

(3) payment of separation pay equivalent to one month pay or at least 1/2 month pay for every year of service, whichever is higher.

 

 

Hence, written notice to the affected employee as well as separation pay are a must. If your company does not follow the above requirements, the affected employee can file a case for Illegal Dismissal with the National Labor Relations Commission. One more thing, forcing an employee to resign is a way to circumvent the requirements of retrenchment. Resignation is not advisable for you will be deemed to have waived your separation pay.

Edited March 27, 2008 by mlpf

[ghetto_gospel]

The law gives an employer the right to terminate the services of its employees to obviate or to minimize business losses. This right, however, may not be exercised arbitrarily or whimsically. Article 283 of the Labor Code lays down the conditions for the exercise of right, thus:

 

"Art. 283. Closure of establishment and reduction of personnel. � The employer may also terminate the employment of any employee due to the installation of labor saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor saving devices or redundancy, the worker affected thereby shall be entitled to separation pay equivalent to at least his one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year."

 

The requisites for valid retrenchment under the foregoing provision are:

 

(1) necessity of the retrenchment to prevent losses and proof of such losses;

 

(2) written notice to the employees and to the Department of Labor and Employment at least one month prior to the intended date of retrenchment; and

 

(3) payment of separation pay equivalent to one month pay or at least 1/2 month pay for every year of service, whichever is higher.

 

 

Hence, written notice to the affected employee as well as separation pay are a must. If your company does not follow the above requirements, the affected employee can file a case for Illegal Dismissal with the National Labor Relations Commission. One more thing, forcing an employee to resign is a way to circumvent the requirements of retrenchment. Resignation is not advisable for you will be deemed to have waived your separation pay.

 

thanks for the heads up....this will be very helpful.

 

does this apply to all kinds of companies, be it private or what not??

[mlpf]

thanks for the heads up....this will be very helpful.

 

does this apply to all kinds of companies, be it private or what not??

 

The Labor Code applies to all kinds of private companies doing business in the Philippines. It does not apply to employees of government corporations. One last thing, if an employee is forced to resign, he can also file a complaint for Illegal Dismissal under "constructive dismissal". A resignation should be voluntary. It must not be dictated or required by the company.

[ghetto_gospel]

The Labor Code applies to all kinds of private companies doing business in the Philippines. It does not apply to employees of government corporations. One last thing, if an employee is forced to resign, he can also file a complaint for Illegal Dismissal under "constructive dismissal". A resignation should be voluntary. It must not be dictated or required by the company.

 

i understand....thank you so much for shedding light!!! i really appreciate it!

 

more power!!!

[pogingpogi2x]

may question ako, may na litigate o na sheriff na ba sa Credit Card problem?

[Google]

may question ako, may na litigate o na sheriff na ba sa Credit Card problem?

 

imho, may mga alam ako na naganyan na, pero to tell you frankly, matagal na proseso yan.