simpatiko Posted September 30, 2008 Share Posted September 30, 2008 This is a follow up to my past query... I am applying for a certain position and the law of consanguity and affinity applies up to the 4th degree. my fiancee's sister is also working in the said company and still am not assuming the position up to now. i will be exchanging vows to my fiancee this coming november and if i will be assumed to the position before November, is there a posibility that the law of affinity will still be applied on me where in before they got me i was perfectly single? Quote Link to comment
pol22366 Posted October 1, 2008 Share Posted October 1, 2008 This is a follow up to my past query... I am applying for a certain position and the law of consanguity and affinity applies up to the 4th degree. my fiancee's sister is also working in the said company and still am not assuming the position up to now. i will be exchanging vows to my fiancee this coming november and if i will be assumed to the position before November, is there a posibility that the law of affinity will still be applied on me where in before they got me i was perfectly single? Hello again... I was the one who answered your first query, right??? Anyway, strictly speaking the law bans 4th degree relatives by blood or marriage, so if you marry your fiancee you'll be covered by the ban. However, there may be exceptions to the Rule. Hence, I suggest that you communicate with the company's personnel officer and ask if there are any exceptions, more precisely if the ban will apply even if you're already employed before you got married, my opinion is that it will...but I'm not the company's personnel officer. If you cannot find one, then its time to either look for another job or another fiancee. Quote Link to comment
fashiznit78 Posted October 1, 2008 Share Posted October 1, 2008 Diba kahit mag-divorce sila sa Canada, married pa din sila sa perspective ng Philippine government? Domiciliary rule? Quote Link to comment
ela_bat Posted October 2, 2008 Share Posted October 2, 2008 Diba kahit mag-divorce sila sa Canada, married pa din sila sa perspective ng Philippine government? Domiciliary rule? yes. you still have to file a petition for recognition of foreign judgment for the divorce to be recognized here in the philippines provided the foreigner (former filipino) filed the divorce. Quote Link to comment
dickyryu Posted October 2, 2008 Share Posted October 2, 2008 mga bossing na pwedeng maka tulong.. pano ko po malalaman kung may hold departure orders against me? sana po may maka reply agad.. Quote Link to comment
uvgotmale Posted October 2, 2008 Share Posted October 2, 2008 mga bossing na pwedeng maka tulong.. pano ko po malalaman kung may hold departure orders against me? sana po may maka reply agad.. the only way is to inquire from DFA... copy furnished ng courts ang DFA sa mga hold departure orders... Quote Link to comment
dickyryu Posted October 2, 2008 Share Posted October 2, 2008 the only way is to inquire from DFA... copy furnished ng courts ang DFA sa mga hold departure orders... salamat po sir.. wala po ba talaga website para ma check? Quote Link to comment
uvgotmale Posted October 2, 2008 Share Posted October 2, 2008 (edited) salamat po sir.. wala po ba talaga website para ma check? Check the website of DFA... not quite sure if hold departure orders are listed therein... Edited October 2, 2008 by uvgotmale Quote Link to comment
fauxhead Posted October 2, 2008 Share Posted October 2, 2008 You can check with the Bureau of Immigration. While the BI and the DFA are furnished with copies of the hold departure order, it is the BI that is primarily tasked to enforce it. Di nga lang yata available sa website yun. mga bossing na pwedeng maka tulong.. pano ko po malalaman kung may hold departure orders against me? sana po may maka reply agad.. Quote Link to comment
fauxhead Posted October 2, 2008 Share Posted October 2, 2008 Wala yatang "petition for recognition of foreign judgment" sa rules of court. I think you are referring to a petition for declaratory relief as outlined in that Philippines vs Obrecido III. yes. you still have to file a petition for recognition of foreign judgment for the divorce to be recognized here in the philippines provided the foreigner (former filipino) filed the divorce. Quote Link to comment
fauxhead Posted October 2, 2008 Share Posted October 2, 2008 I forgot to add. If the case against you is lodged only at the Metropolitan Trial Courts or Municipal Trial Courts (MTCs and MCTCs), forget about it. Wala sila power to issue HDOs. Only Regional Trial Courts have the power to do that. That means you must be accused of a crime punishable by 6 years up before a hold departure order can be issued against you. Fastest way: get an NBI clearance. In 10 seconds they will be able to determine if there's ANYTHING against you. Quote Link to comment
dickyryu Posted October 2, 2008 Share Posted October 2, 2008 Fastest way: get an NBI clearance. In 10 seconds they will be able to determine if there's ANYTHING against you. eh pano po pag child custody case? Quote Link to comment
azayco Posted October 2, 2008 Share Posted October 2, 2008 Fastest way: get an NBI clearance. In 10 seconds they will be able to determine if there's ANYTHING against you. And if they find anything against you, derecho detention cell ka na sa likod nung clearance center! :boo: Quote Link to comment
Dr_PepPeR Posted October 3, 2008 Share Posted October 3, 2008 I forgot to add. If the case against you is lodged only at the Metropolitan Trial Courts or Municipal Trial Courts (MTCs and MCTCs), forget about it. Wala sila power to issue HDOs. Only Regional Trial Courts have the power to do that. That means you must be accused of a crime punishable by 6 years up before a hold departure order can be issued against you. As far as I know you apply for a hold departure order from the Department of Justice. They will ask for a copy of the complaint affidavit which you filed in the RTC and then they will issue first a watchlist order, and then after a certain period of time, I now forget what it is, you can have the hold departure order issued. You then simply file the watchlist order and the hold departure order with the Bureau of Immigration for them to enforce it at the points of departure. Quote Link to comment
pol22366 Posted October 4, 2008 Share Posted October 4, 2008 The HDO is obtained from the Regional Trial Court where the criminal case is pending. They should copy furnish the DOJ and BID. If you want to check if you have an HDO against you you go to the BID. Quote Link to comment
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