legal Free Legal Advice

[Pinoymale]

good day maesters!

 

i have a gurl friend who has a lesbian ex. during their rel, pinagbgyan ng friend ko ung ex nya na kunan sya ng nude sa cam fone. everytime na ngaaway cla ung pic ang gingwang panakot nung lesbian sa knya. ngayon na gus2 ng mkipagbreak ng friend ko, gnon na nman.. tnatakot sya na ikakalat ung nga pics nya.

 

pde bang kasuhan ung ex nya?

 

Since it can be argued that the act of distributing the nude pics is a crime in itself, then making that threat constitutes Grave Threats under Art. 282 of the Revised Penal Code.

[rocco69]

"Ignorance of the Law excuses no one from compliance therewith."

 

 

Does this law apply to all?

 

Exempted ba dito ang mga turistang bumibisita sa Pinas? o yung mga taong bulag, pipi, at bingi?

 

Nag-aapply ito sa lahat, ma-turista man o bulag, pipi, at bingi (ito ay Article 3 ng Civil Code of the Philippines). Sabi nga ni Mayor Lim, "The law applies to all, or none at all".

[Dr_PepPeR]

^ pero limitado ang capacity to act ng mga yun, dba?...

 

For the blind, deaf and dumb, limited capacity only for certain specific acts, like for example being a witness to a will, but in general the law does not discrimminate.

[ejomc]

mga bossing kelangan ko ng tulong hehehe

 

yung pinsdan ko may maid sila nagwork na sakanila yun for 6years nanghihinge ng seperation and overtime pay daw kasi late daw minsan magpatulog nanghihinge ng 40,000 as seperation tapus hindi nila bnigyan. instead bingyan lang nila ng 10,000 as financial assistance daw. after few days nagpadala yung sulat sa kanila na nirerequest mag punta sa department of labor. parang ayaw na nila pumunta kasi hindi naman daw sila required sabi ng lawyer nila. tama ba yung ginawa nila? ano bang puede ko iadvice sa kanila?

[Google]

mga bossing kelangan ko ng tulong hehehe

 

yung pinsdan ko may maid sila nagwork na sakanila yun for 6years nanghihinge ng seperation and overtime pay daw kasi late daw minsan magpatulog nanghihinge ng 40,000 as seperation tapus hindi nila bnigyan. instead bingyan lang nila ng 10,000 as financial assistance daw. after few days nagpadala yung sulat sa kanila na nirerequest mag punta sa department of labor. parang ayaw na nila pumunta kasi hindi naman daw sila required sabi ng lawyer nila. tama ba yung ginawa nila? ano bang puede ko iadvice sa kanila?

 

 

May contract ba yung maid sa kanila detailing payment of overtime and separation pay?

Yung sulat ba eh galing mismo sa DOLE?

 

tapang din nung maid ah.... hehehehehe. binigyan na ng financial assistance, naghahabol pa ng separation pay.... hehehehe.

[complicated8]

mga masters, follow-up lang po?

 

inquiry with training contracts..... meron na yata mga co-maker for these? is that really enforceable?

[azayco]

mga masters, follow-up lang po?

 

inquiry with training contracts..... meron na yata mga co-maker for these? is that really enforceable?

 

Provide more details please.

 

What is a training contract?

Who are the parties?

What is a co-maker?

[complicated8]

Provide more details please.

 

What is a training contract?

Who are the parties?

What is a co-maker?

 

training contract is offered by company to let you go on training locally or overseas with aspects of monetary compensation if conditions are not fulfilled. Conditions such as stay with the company for x number of years. or pro-rated for the years versus the cost of training/travel/etc.

 

Parties are company, employee, co-maker.

 

Co-maker is a co-signee and someone who can legally be sued for non-compliance to contract terms between employee and employer.

[azayco]

It's hard to give an opinion without reading through the contract, but I'll take a shot using general principles.

 

The employer and employee freely entered into a contract. The "co-maker" also voluntarily acceded to the contract (although I guess it is limited to the monetary penalties for breach of contract). The contract is therefore binding on all three persons.

 

The "co-maker" is liable under the contract. He will have to check the extent of his liability. He can be liable immediately and primarily, i.e., the employer can go after him without going after the employee first. He can also be liable only if the employer goes after the employee first and finds out that the employee has no or insufficient property to pay of the monetary penalties. Either way, if the "co-maker" pays up, he can go after the employee for reimbursement.

 

There are a lot of decisions on this arrangement, but I am not sure if there is one directly dealing on an employer-employee set-up. The usual arrangement is that of a loan - lender, borrower, guarantor or surety. Nevertheless, the basics remain the same - there is a binding contract. I do not see any reason why its provisions cannot be enforced.

 

Hope that helps.

[mazinger]

guys. any info on when do we get a P 20.00 increase in our workers salary her ein metro manila? curious lang ako kung kailan.

[azayco]

There are news that the wage Order takes effect today, June 14, 2008. On the other hand, I have not seen the wage order published in the papers yet. So wait and see muna. It appears that labor reps are objecting to one provision in the wage order.

[binoe25]

any query about legal problems...? wag kang mahiya.. free legal advise ni Butsoy...

sir, how much would it cost kung magpa file ako ng legal separation?

[Dr Love]

First of all there must be a contract specifying these things you mentioned. As far as I know, yung sa SSS and sa Philhealth lang ang legal requirement that covers househelp. Moreover, any case regarding non-payment of benefits as claimed is filled with the National Labor Relations Commission and not the DOLE itself. If its a legal summon or subpoena, its prudent to look into into just to be sure what is it all about.

 

The financial assistance they gave is already commendable since nothing in our laws labor or otherwise dictates such.

 

Hope that helps.

 

mga bossing kelangan ko ng tulong hehehe

 

yung pinsdan ko may maid sila nagwork na sakanila yun for 6years nanghihinge ng seperation and overtime pay daw kasi late daw minsan magpatulog nanghihinge ng 40,000 as seperation tapus hindi nila bnigyan. instead bingyan lang nila ng 10,000 as financial assistance daw. after few days nagpadala yung sulat sa kanila na nirerequest mag punta sa department of labor. parang ayaw na nila pumunta kasi hindi naman daw sila required sabi ng lawyer nila. tama ba yung ginawa nila? ano bang puede ko iadvice sa kanila?

[Dr Love]

Having a co-maker for training contracts is possible but have not actually seen or heard of one actually having such a provision. Normal practice is the training contract is entered into by the company and the employee directly. Contracts that normally has a co-maker included are those which has direct monetary or service accrual involved like loans. In case of training, wala kasi.

 

I will be amazed if there are companies who indeed include a co-maker provision for training contract and will appreciate to know the name of that company.

 

 

mga masters, follow-up lang po?

 

inquiry with training contracts..... meron na yata mga co-maker for these? is that really enforceable?

[Dr Love]

NCR Wage Order #14 took effect yesterday, June 14, 2008 since it was formally published in newspapers of general circulation last May 30, 2008. Moreover, the actual increase will only be additional P15 on the basic daily salary plus a P5 per day ECOLA effective yesterday making the minimum wage for NCR at P377/day + P 5 ECOLA. By August 28, 2008 however, the P5 ECOLA will be incorporated again with the basic salary and effectively making the minimum wage at P 382/day. You can go to the DOLE website to get a copy of the actual wage order though the Implementing Guidelines are still not available to date.

 

guys. any info on when do we get a P 20.00 increase in our workers salary her ein metro manila? curious lang ako kung kailan.