legal Free Legal Advice

[Pinoymale]

Is there a difference between bonuses and incentives?

 

can employment contracts, specially, provision relating to incentives being forfieted be validly challeneged in court?

 

I think there are some differences between bonuses and incentives but, as a whole, they are similar and used interchangeably. Contracts can always be challenged in court but it may be an uphill battle since you agreed to its provisions when you signed it and courts will not easily allow you to set that aside.

[barrysaint]

sup guys?

 

i wanna ask about a friend's problem:

 

He is being accused of rape by his niece (now 30 years old) and said it happened more or less 15 years ago, but still stayed with him until just last month. So my friend practically shouldered all that his niece needed to live. She was not maltreated in anyway by his family but was treated as one of them. Considering this accusation is true, what are the odds of my friend getting put behind bars? The woman has had already been with a boyfriend, probably also engaging in sexual activities. I need you professional opinion please help me out here. Thanks a lot guys

 

Well, if the alleged rape was committed at least 20 years ago then the crime would have prescribed and he can no longer be convicted.

The main defense he can use is the long lapse of time and the lack of medical evidence at this late time although it is true that it is hard to defend against a charge of rape since jurisprudence is settled that when a woman testifies to being raped and her testimony is credible, that is all that is required to convict the accused

[mlpf]

Thanks bro, nung una below 100K sya. pero 4% interest kasi ang usapan at mag 1yr. na sya di nag bigay. aabot na sya ng 100k as of now. Nangutang na nga ako before para makabayang ng ilang months. Another problem e nag work na daw sya abroad at wala pa din malinaw na usapan kung pano. Kung mag file ako sa barangay anong documents ang dpat kong ihanda? at pano kung aabot na ng 100k?

 

Include his wife in the complaint before the Barangay if your friend is already abroad. Hopefully, they will sign a compromise agreement before the Barangay if they truly are your friends. If they don't, ask for a "Certification to File Action". You will have no choice but to go to court. The Barangay is a non-lawyer's forum. Lawyers are banned from participating. Bring whatever documents you need to prove your case.

 

The significance of the Php 100,000.00 is that collection cases in court in Metro Manila where the claim does not exceed Php 100,000.00 fall under a fast and expedited procedure in court called "summary procedure". The case will be resolved purely with documents. There will be no need for you to actually testify. Just have your lawyer present your affidavit and your position paper. It is relatively fast. However, a case to enforce a Barangay compromise in court is even faster.

[pogingpogi2x]

Include his wife in the complaint before the Barangay if your friend is already abroad. Hopefully, they will sign a compromise agreement before the Barangay if they truly are your friends. If they don't, ask for a "Certification to File Action". You will have no choice but to go to court. The Barangay is a non-lawyer's forum. Lawyers are banned from participating. Bring whatever documents you need to prove your case.

 

The significance of the Php 100,000.00 is that collection cases in court in Metro Manila where the claim does not exceed Php 100,000.00 fall under a fast and expedited procedure in court called "summary procedure". The case will be resolved purely with documents. There will be no need for you to actually testify. Just have your lawyer present your affidavit and your position paper. It is relatively fast. However, a case to enforce a Barangay compromise in court is even faster.

 

Thanks Bro!

[roadkill69ph]

Thanks!

 

The worst that can happen is that a case for collection is filed against you and you'd have to hire a lawyer to represent you in the case. This all depends on how large your bill is and how aggressive the company will pursue the case.

[Dr_PepPeR]

Hi! i would really like to seek some help regarding my predicament in my work.

 

I'm a manager in one of the top local banks here in the philippines.

We have a deceased account that is really troubling us. I'm looking for a lawyer that can assist us or our client in taking care of the deceased account. Service fee will be paid accordingly and our client is willing to pay gladly.

 

Situation....

--Account holder has two accounts 1) time deposit 2) checking account

--Account is personal, not joint

--Our bank requires certain documents before we release the proceeds. you can contact me for the details/complete list

--There are two legal heirs 1) Husband 2) Son

--Husband is missing and when our client died they were not in good terms for years and were already living in far away places (our account holder died around 70++ yrs)

--Son has been diagnosed as incapacitated due to to previous diagnosis of a mental disorder (not sure of the term but similar to schizophrenia--pardon my spelling)

--The sister of the account holder (the one who was taking care of our account holder and the son) wants to be the custodian of the money for the son's benefit since the father cannot be located anymore. (the sister is also a preferred client of my branch). Problem with the sister is that we officers of our branch sense that there is vested interest since our she was shouldering the dialysis of our account holder before death and may want to claim the money for her own use. And also we noticed that she is starting to have memory loss....

 

Need...

--We need to have everthing documented as required by the bank. Examples of documents involved are Extrajudicial settlements, Indemnity Bonds/agreements, Heir's Bonds, etc...

--This is a special case in our point of view but I hope legal experts here can aid our client and the bank....

 

thanks! pls contact me faster here at xxxxxxxxxx or (xxxxxxx/xx office hours)

 

 

MOD NOTE : NO POSTING OF CONTACT #'S. PLEASE USE YOUR PM FUNCTION. THANK YOU.

 

As a banker, you will need to have your documents in order. I guess you already have notices or cannot deny the knowledge of the death of the account holder. If that is the case, then you have to wait for the claimants (whoever they are) to furnish you with the Extrajudicial Settlement, Clearance from the BIR for the settlement of the estate tax and the proof of publication of notice to the heirs and creditors in a newspaper of general circulation. Pending submission of these documents, I don't think you should touch the account especially if the amount involved is substantial and if there is a possible controversy among the claimants. The determination of who are the legal heirs is not your function. As long as you have documents purportedly from the legal heirs, then you may release the proceeds to the claimants. You may of course, require a surety bond and release it, but that is a business decision. For both your client and the bank, I suggest to simply follow the documentation. The bank lives and dies on documentation.

[mlpf]

Include his wife in the complaint before the Barangay if your friend is already abroad. Hopefully, they will sign a compromise agreement before the Barangay if they truly are your friends. If they don't, ask for a "Certification to File Action". You will have no choice but to go to court. The Barangay is a non-lawyer's forum. Lawyers are banned from participating. Bring whatever documents you need to prove your case.

 

The significance of the Php 100,000.00 is that collection cases in court in Metro Manila where the claim does not exceed Php 100,000.00 fall under a fast and expedited procedure in court called "summary procedure". The case will be resolved purely with documents. There will be no need for you to actually testify. Just have your lawyer present your affidavit and your position paper. It is relatively fast. However, a case to enforce a Barangay compromise in court is even faster.

 

Correction: cases in Metro Manila where the claim does not exceed Php 200,000.00 fall under summary procedure.

[Fitzroy]

i'm still trying to get opinions on my friend's case. pls refer to this

[mlpf]

i'm still trying to get opinions on my friend's case. pls refer to this

 

What has happened? Why has the niece suddenly decided to file a case for Rape after 15 years of living with his uncle? Unfortunately, the prescriptive period for Rape is 20 years. Moreover, Republic Act No. 8353 (the Anti-Rape Law of 1997) considers only a subsequent marriage between the man and the woman as the valid form of condonation of the crime. The failure of the woman to assert her claim for 15 years is a matter that the court will have to consider (laches - the failure to assert a claim for an unreasonable period of time), but there is no guarantee that it will be accepted as a valid defense. It will depend on the discretion of the judge and the explanation of the woman.

 

I think the Fiscal can file a case for Rape in court. It is sufficient for a woman to claim she was raped for a case to be filed. There is probable cause. Laches is an issue addressed to the judge, not the Fiscal. Medical evidence is only corroborative. It is not absolutely necessary for conviction. Accordingly, the testimony of the woman can stand on its own for conviction. Furthermore, you state that the accusation is actually true. I think there will be a trial and your friend will be arrested since Rape is a non-bailable offense. However, the question of whether he will be convicted is another matter....

[Fitzroy]

What has happened? Why has the niece suddenly decided to file a case for Rape after 15 years of living with his uncle? Unfortunately, the prescriptive period for Rape is 20 years. Moreover, Republic Act No. 8353 (the Anti-Rape Law of 1997) considers only a subsequent marriage between the man and the woman as the valid form of condonation of the crime. The failure of the woman to assert her claim for 15 years is a matter that the court will have to consider (laches - the failure to assert a claim for an unreasonable period of time), but there is no guarantee that it will be accepted as a valid defense. It will depend on the discretion of the judge and the explanation of the woman.

 

I think the Fiscal can file a case for Rape in court. It is sufficient for a woman to claim she was raped for a case to be filed. There is probable cause. Laches is an issue addressed to the judge, not the Fiscal. Medical evidence is only corroborative. It is not absolutely necessary for conviction. Accordingly, the testimony of the woman can stand on its own for conviction. Furthermore, you state that the accusation is actually true. I think there will be a trial and your friend will be arrested since Rape is a non-bailable offense. However, the question of whether he will be convicted is another matter....

 

i think its because she wanted money from my friend. You see, they are both foreigners. My friend is a legal alien while the woman isn't. This woman wanted to go back to her home country so she says ( i don't believe her). She was taken cared of by my friend and even his family at was treated as one of their own (his family didn't know of the incident only until last year).

 

This is what transpired over the last 3 weeks:

 

She stole my friend's papers last week (passport, ACR for immigration, etc.) So they(my friend and his family) filed a blotter for the police about the matter. After 3 days, here she comes to another police station with a complaint about the rape.

 

My friend was illegally arrested by some policemen from that station for interrogation. Good thing my friend has friends in high places. Within that day, they made an agreement with the victim that they will take care of her financial needs to be able to go back home, but still looked unsatisfied.

The next day, an immigration guy calls my friend's daughter and told her to meet up with him outside imigration office because he has a case against my friend. They agreed to meet up and surprisingly, my friend's niece was with him. After talking to him, we concluded that the immigration officer only wanted money from my friend (he wanted a cut from the woman's expected money).

 

My next question is this: Can an immigration officer handle criminal cases of a foreigner? Or is it the local police's job?

 

pls help me on this guys. I appreciate all the valuable tips i've gotten out of this thread.

[Fitzroy]

What has happened? Why has the niece suddenly decided to file a case for Rape after 15 years of living with his uncle? Unfortunately, the prescriptive period for Rape is 20 years. Moreover, Republic Act No. 8353 (the Anti-Rape Law of 1997) considers only a subsequent marriage between the man and the woman as the valid form of condonation of the crime. The failure of the woman to assert her claim for 15 years is a matter that the court will have to consider (laches - the failure to assert a claim for an unreasonable period of time), but there is no guarantee that it will be accepted as a valid defense. It will depend on the discretion of the judge and the explanation of the woman.

 

I think the Fiscal can file a case for Rape in court. It is sufficient for a woman to claim she was raped for a case to be filed. There is probable cause. Laches is an issue addressed to the judge, not the Fiscal. Medical evidence is only corroborative. It is not absolutely necessary for conviction. Accordingly, the testimony of the woman can stand on its own for conviction. Furthermore, you state that the accusation is actually true. I think there will be a trial and your friend will be arrested since Rape is a non-bailable offense. However, the question of whether he will be convicted is another matter....

 

i think its because she wanted money from my friend. You see, they are both foreigners. My friend is a legal alien while the woman isn't. This woman wanted to go back to her home country so she says ( i don't believe her). She was taken cared of by my friend and even his family at was treated as one of their own (his family didn't know of the incident only until last year).

 

This is what transpired over the last 3 weeks:

 

She stole my friend's papers last week (passport, ACR for immigration, etc.) So they(my friend and his family) filed a blotter for the police about the matter. After 3 days, here she comes to another police station with a complaint about the rape.

 

My friend was illegally arrested by some policemen from that station for interrogation. Good thing my friend has friends in high places. Within that day, they made an agreement with the victim that they will take care of her financial needs to be able to go back home, but still looked unsatisfied.

The next day, an immigration guy calls my friend's daughter and told her to meet up with him outside imigration office because he has a case against my friend. They agreed to meet up and surprisingly, my friend's niece was with him. After talking to him, we concluded that the immigration officer only wanted money from my friend (he wanted a cut from the woman's expected money).

 

My next question is this: Can an immigration officer handle criminal cases of a foreigner? Or is it the local police's job?

 

pls help me on this guys. I appreciate all the valuable tips i've gotten out of this thread.

[SamanthaJones]

Hi. I just wanna ask for your legal opinion regarding my situation. I've a kid born out wedlock. The thing is the guy doesn't provide support and in fact has sired another child by another woman that he left again. The girl(since we're friends now) told me to demand for support like what she did, but they only had an out of court settlement intead and the guy agreed to give 8k/month for their kid. (When i met him, i didn't know that he was married and had 1 kid with her wife).He had aknowledge their kid and that's where my problem lies, he never aknowledge my kid and i from what i know it would be easier for me to demand for support. I was also told i he denies the kid then DNA testing would be needed but he can't be compelled to do that, is that true? Is there anyway that we can have him sent to jail for violence againts women since he seems to have a nasty habit of getting women pregnant and leaving them like crap? What options do i have at this point? Thanks a lot in advance.

[moed]

i think its because she wanted money from my friend. You see, they are both foreigners. My friend is a legal alien while the woman isn't. This woman wanted to go back to her home country so she says ( i don't believe her). She was taken cared of by my friend and even his family at was treated as one of their own (his family didn't know of the incident only until last year).

 

This is what transpired over the last 3 weeks:

 

She stole my friend's papers last week (passport, ACR for immigration, etc.) So they(my friend and his family) filed a blotter for the police about the matter. After 3 days, here she comes to another police station with a complaint about the rape.

 

My friend was illegally arrested by some policemen from that station for interrogation. Good thing my friend has friends in high places. Within that day, they made an agreement with the victim that they will take care of her financial needs to be able to go back home, but still looked unsatisfied.

The next day, an immigration guy calls my friend's daughter and told her to meet up with him outside imigration office because he has a case against my friend. They agreed to meet up and surprisingly, my friend's niece was with him. After talking to him, we concluded that the immigration officer only wanted money from my friend (he wanted a cut from the woman's expected money).

 

My next question is this: Can an immigration officer handle criminal cases of a foreigner? Or is it the local police's job?

 

pls help me on this guys. I appreciate all the valuable tips i've gotten out of this thread.

 

If this alleged rape took place in their own country, no Philippine court or agency would have jurisdiction over the alleged crime, so he cannot be charged and tried here.

[mlpf]

My next question is this: Can an immigration officer handle criminal cases of a foreigner? Or is it the local police's job?

 

If the alleged rape took place within the Philippines, this is a job of the police. The police can assist the woman in filing a complaint with the Fiscal's Office. The immigration officer has no business interfering. Criminal cases are outside his jurisdiction. If there is indeed a case filed against your friend before the Bureau of Immigration, wait for the subpoena. If there is an attempt to extort money, arrange an entrapment operation before the NBI or the police. Your friend can also try to gain leverage by reporting the woman as an illegal alien to the Bureau of Immigration. If she is deported, there is no case.

[mlpf]

Hi. I just wanna ask for your legal opinion regarding my situation. I've a kid born out wedlock. The thing is the guy doesn't provide support and in fact has sired another child by another woman that he left again. The girl(since we're friends now) told me to demand for support like what she did, but they only had an out of court settlement intead and the guy agreed to give 8k/month for their kid. (When i met him, i didn't know that he was married and had 1 kid with her wife).He had aknowledge their kid and that's where my problem lies, he never aknowledge my kid and i from what i know it would be easier for me to demand for support. I was also told i he denies the kid then DNA testing would be needed but he can't be compelled to do that, is that true? Is there anyway that we can have him sent to jail for violence againts women since he seems to have a nasty habit of getting women pregnant and leaving them like crap? What options do i have at this point? Thanks a lot in advance.

 

File a civil case for acknowledgment of paternity and support in court. The court has the power to order DNA tests. If you have any photos or letters from the guy where it seems that he acknowledges that your child is his, you can use that. At this point, criminal cases for Violation of Republic Act No. 9262 (Violence against Women and their Children) as well as for Republic Act No. 7610 (child abuse) are premature.

 

Let me cite the recent case of Manny Paquiao. A woman filed last year a criminal case against Paquiao before the Fiscal's Office for Violation of Republic Act No. 9262. The woman claims that Paquiao failed to support her and their alleged love child. The complaint was dismissed for Paquiao denied that the child is his. Moreover, the Fiscal did not have the power to order DNA tests. The complainant was advised to first go to court and file a case for acknowledgment and support.

Edited May 11, 2008 by mlpf