dickyryu Posted July 11, 2008 Share Posted July 11, 2008 yet again I have to ask help from our legal Gurus.... It's regarding about annulment/legal separation.. what is the difference? which is cheaper? how do I file? how long will it take and does it require that I have to be here in the Philippines to apply? so many questions in my part.. hope our member have time and patience in answering them TIA again... Quote Link to comment
ej_qn Posted July 11, 2008 Share Posted July 11, 2008 mga sirs/maam, I have a friend of a friend who is working in a call center. They have hazzard pay and night time diff. Pero the problem was when half her team weren't performing above their target metrics eh tinanggalan sila ng hazzard pay. When I read their contract regarding their hazzard pay eh nothing is stated that their hazzard pay will be dependent on their performance. Ngayon ko nga lang narinig itong kalokohan na ito sa buong working life ko! Alam ko pwede sila mag bawas ng sweldo dahil sa absents or tardiness pero I didn't know pwede nila kalikutin ang hazzard pay mo? For a big company nga eh 10% lang ang night diff nila at ang pambawi nalang nila is yung daily hazzard pay nila sabay yun pa ang tatanggalin. Ang alam ko lang dito if it's not stated in the contract or maski binanggit ng Management Team or Payroll Team eh pwede sampahan ng kaso ang ganun. Tama po ba? Quote Link to comment
mlpf Posted July 12, 2008 Share Posted July 12, 2008 Sir, I'm single pero may anak na ako sa isang babae na may asawa...hiwalay na sila pero hindi legally separated tapos ung babae wala na dito sa pinas kaya ung anak ko e nasa nanay ni babae. Sa ngayon ayaw ipakita sa akin yung bata ano po ba ang pwede kong gawin para makuha ko ung bata dun sa lola? isa pa po...nung ipinanganak po ung bata nung 2004 e nakapirma n rin po ako ng affidavit na inaacept ko po na anak ko ung bata kasabay nung BC nya kaso kahit BC nung bata d ko makuha dun sa kabilang party. Any advice would be greatly appreciated kasi 4 years old n ung anak ko at ang last na nakita ko sya was when he was 4 months old p lang. You can get a copy of the birth certificate from the National Statistics Office or the Civil Registrar of the city where the birth certificate was registered. In this case, the mother alone has parental authority over the child. The two of you cannot marry for she is still legally married to another. In fact, the husband can even file adultery charges against both of you. The solution is for you to file adoption proceedings. Adopt your own illegitimate child. However, I am sorry, but the consent of the mother may be necessary. You can try to ask a court to divest the mother of parental authority, but you will have to have a very good ground like abandonment, child abuse, etc. Quote Link to comment
Dr_PepPeR Posted July 12, 2008 Share Posted July 12, 2008 (edited) mga sirs/maam, I have a friend of a friend who is working in a call center. They have hazzard pay and night time diff. Pero the problem was when half her team weren't performing above their target metrics eh tinanggalan sila ng hazzard pay. When I read their contract regarding their hazzard pay eh nothing is stated that their hazzard pay will be dependent on their performance. Ngayon ko nga lang narinig itong kalokohan na ito sa buong working life ko! Alam ko pwede sila mag bawas ng sweldo dahil sa absents or tardiness pero I didn't know pwede nila kalikutin ang hazzard pay mo? For a big company nga eh 10% lang ang night diff nila at ang pambawi nalang nila is yung daily hazzard pay nila sabay yun pa ang tatanggalin. Ang alam ko lang dito if it's not stated in the contract or maski binanggit ng Management Team or Payroll Team eh pwede sampahan ng kaso ang ganun. Tama po ba? If hazard pay is stipulated in their contract, and is not dependent on performance (which is not the practice anyway), then you friend has every right to expect it. You might want to ask your friend if he/she violated any company policy. If you really think that your friend was swindled of the hazard pay, let your friend send a written memo or email to HR and ask why it wasn't given. Go through the process first before jumping the gun. Edited July 14, 2008 by Dr_PepPeR Quote Link to comment
winfred Posted July 12, 2008 Share Posted July 12, 2008 sino po ang may contact no ni atty katrina legarda paki pm nalang po maraming salamat Quote Link to comment
ej_qn Posted July 13, 2008 Share Posted July 13, 2008 sino po may kakilala na mabait na taga DOLE? Karamihan kasi ng mga nandun sasabihin sayo na walang pag-asa. Dati yung kapatid ko sinabihan na walang pag-asa yung kaso niya kasi ang call center daw ang my karapatan. Kaya nag labor attorney pa kami at nanalo naman. Nabigyan tuloy ng warning yung staff na nagsabi nun samen kasi parang nagmamadali lang daw at ayaw ng dadag paperwork. Quote Link to comment
Pinoymale Posted July 13, 2008 Share Posted July 13, 2008 yet again I have to ask help from our legal Gurus.... It's regarding about annulment/legal separation.. what is the difference? which is cheaper? how do I file? how long will it take and does it require that I have to be here in the Philippines to apply? so many questions in my part.. hope our member have time and patience in answering them TIA again... One of the main differences between annulment and legal separation is that once annulment is granted, the marriage is terminated and both parties are free to get married again. In legal separation, the parties are still married to each other but are no longer required to live with each other or even provide support to each other. Both are initiated by filing a petition with the regional trial court where the petitioner resides. From my experience, legal separation is much cheaper and easier to obtain. Depending on several factors, it could take anywhere from 2 years to more than 5 years. Quote Link to comment
dickyryu Posted July 13, 2008 Share Posted July 13, 2008 sir pano pag legally separated na and I want to get married again? di I have to file for an annulment then? Quote Link to comment
pido_32 Posted July 14, 2008 Share Posted July 14, 2008 A case for Robbery in an Inhabited Place requires that the robber enters the house through an opening not intended for entrance or egress. An unlocked door is not an opening like a window or a hole. Neither was the robbery committed by the breaking of the door since the door was unlocked. Since penal laws have to be construed strictly, the proper case is Theft only. maramiong salamat master Quote Link to comment
Pinoymale Posted July 15, 2008 Share Posted July 15, 2008 sir pano pag legally separated na and I want to get married again? di I have to file for an annulment then? Have your marriage annulled first before marrying again to avoid legal problems and possible imprisonment. Quote Link to comment
dickyryu Posted July 15, 2008 Share Posted July 15, 2008 Have your marriage annulled first before marrying again to avoid legal problems and possible imprisonment. ouch.. ibig sabihin I have to spend twice if I want to get married again? let me get this straight lang po... If I want to have a domestic/live-in partner I will have to file for a legal separation... and if I ever want to marry my said partner I would have to file annulment.. eh pano if my partner and I are living outside the Philippines? Quote Link to comment
rocco69 Posted July 17, 2008 Share Posted July 17, 2008 ouch.. ibig sabihin I have to spend twice if I want to get married again? let me get this straight lang po... If I want to have a domestic/live-in partner I will have to file for a legal separation... and if I ever want to marry my said partner I would have to file annulment.. eh pano if my partner and I are living outside the Philippines? sabi nga ni Pinoymale, ang pagkakaiba ng legal separation at annulment/declaration of nullity, sa legal separation kasal ka pa rin sa asawa mo pero pwede ka nang tumira ng hiwalay sa asawa mo; sa annulment/declaration of nullity wala nang bisa ang kasal niyo kaya pwede ka nang magpakasal ulit. Sa legal separation, DAHIL KASAL PA RIN KAYO HINDI KA PWEDENG MAKISAMA SA IBA. Ang obligasyon mo na manatiling tapat sa asawa mo ay di inaalis ng legal separation (ang nawawala lang ay ang obligasyon ng mag-asawa na magsama sa ilalim ng isang bubong). Kahit legally separated ka na, pwede ka pang makasuhan ng adultery o concubinage pag ikaw ay may kinasamang iba. Ibig lang sabihin, para magkaroon ka ng ibang partner (kasal man o hindi), pinakamaganda ay magfile ka ng annulment/declaration of nullity. Isa pang punto - ang tingin ng karamihang eksperto sa batas, pag ikaw ay nagfile ng petition for legal separation, ito ay isang pag-amin na mabisa at walang depekto ang iyong kasal, at DI KA NA PWEDENG MAGHAIN ng petisyon para sa annulment/declaration of nullity. In other words, sa paghain mo ng legal separation, sinasabi mo na mabisa ang kasal mo kaya ang gusto mo na lang ay tumira ng hiwalay sa asawa mo. kasi nga, kung may batayan para ipa-annul o ipadeklarang null and void mula sa simula ang kasal mo, bakit hinihingi mo lang ang tumira ng hiwalay sa asawa mo. At kahit na nakatira kayo sa labas ng Pilipinas, alalahanin mo na batas pa rin ng Pilipinas ang iiral sa yo. Ibig sabihin, hindi pa rin kikilalanin ng Pilipinas ang pagsasama nyo ng partner mo (kung babalik kayo sa Pilipinas). Quote Link to comment
dickyryu Posted July 17, 2008 Share Posted July 17, 2008 Sir maraming maraming salamat po sa mga nag reply sa problema ko.. nawa'y marami pa po kayo sana matulungan na tulad ko... natuwa po ako sa last part nung reply ni sir rocco69 ibig sabihin pala pag hindi ako umuwi ng pilipinas wala ako mgiging problema hehe salamat po ulet Quote Link to comment
malditangpilyah Posted July 18, 2008 Share Posted July 18, 2008 we have this singaporean expat. he's pissing me off to the limits. he doesn't have permit to work here that's why he need to go out of the country every 2 weeks. he's not paying tax here. what pissed me off is... he's treating Filipinos unjustly. he's an illegal alien and he must not treat Filipinos that way. i want him out of this country. he doesn't have any right to treat my co-employee that way. anybody here who knows somebody from immigration to whom i can report this illegal alien? Quote Link to comment
legalavatar Posted July 18, 2008 Share Posted July 18, 2008 ouch.. ibig sabihin I have to spend twice if I want to get married again? let me get this straight lang po... If I want to have a domestic/live-in partner I will have to file for a legal separation... and if I ever want to marry my said partner I would have to file annulment.. eh pano if my partner and I are living outside the Philippines? you can have as many domestic partners as you want... it's not a criminal act (however morally wrong). however, you cannot marry again because it the crime of bigamy is committed if you contract another marriage while a first one is still subsisting. thus you need to have the first one annulled before getting married again. even if your partner and you are living outside the Philippines, it is still the same. personal laws such as those relating to marital status, follow the person where ever he goes. your married here, you still stay married everywhere else. even if you get divorced in las vegas for one reason or another, insofar as philipine laws are concerned, you are still married. the only exception is if your not filipino. if you marry again while your first marriage is still valid, you cannot be indicted for bigamy because the criminal act was done outside of Philippine territory. however, your second marriage, in all respects, remain void. you spend only once - get your marriage annulled. Quote Link to comment
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