legal Free Legal Advice

[azayco]

questions sirs,

 

if one won a case for damage in the rtc level, and wants to make an ad in a newspaper stating the court's decision in its full text glory (of course with a disclaimer that the losing party can still appeal the decision or even say that the decision is already on appeal).

 

can it be done?

 

 

I agree with bonito.

 

A cheaper alternative is to draft a press release and submit it to the paper. The likelihood of the press release seeing print is of course less compared to a paid ad (which is guaranteed).

[cydney_maldita]

may laban po b ako??? kasi pakiramdam ko sobra akong na aragabyado eh

[peithe]

help naman oh!!

 

 

What is difficult in your situation is that there are no documentation or contract whatsoever pertaining to your employement. While most labor rift can be filed with the DOLE for arbitration. I guess given the scenario the most logical would be finding an amicable settlement at the baranggay level. Otherwise the baranggay will have to make an arbitration on your complaint. If you're unhappy, then you could elevate to the DOLE. But given the cost for legal expense if ever, is it worth it? Baka abugado lang ang kumita.

 

That's my 2 cents worth ...

[vagabond]

on my way home, i heard on the am radio that supreme court justice renato (?) puno instituted "changes" in cases concerning debts 100,000 pesos and below, that you dont need a lawyer and can be settled in a day... can anyone clarify?

[azayco]

You can find the SC issuance here.

 

Some first level courts were designated as special courts to handle small claims. Small claims cover money claims amounting to Ps. 100,000 below, excluding interest and costs. Lawyers do not participate and litigants use standard forms available in courts.

 

I haven't read the entire issuance yet, but offhand, I see that this will be good news for credit card companies (as it will lower their collection costs) and bad news for those with credit card debts below Ps. 100,000 (since with the lower costs, hailing them to court now seems a viable option.)

Edited October 19, 2008 by azayco

[cydney_maldita]

i already did that pero ang ginawa ng brgy captain ay nag compute ng total net ng kita ng business ng tita then later told me "sapalagay mo makakapag pasweldo b sya" but my point is obligation nya magpa sweldo or else d na syua dapat nag negosyo, and may capacity naman sya magpa sweldo nagkataon lang talaga na since bagong bukas ang business kaya mejo may kahinaan pa

[ela_bat]

With due respect to peithe, Barangay have no jurisdiction over employer employee controversy. Go to DOLE and ask for help and assistance.

[kix™]

Hello Kix:

 

You said the cooperative filed a case against the awol employee, so this means that the cooperative have legally made a claim against him for the loans obtained by the members and in turn borrowed by him. These members include your friend.

 

If they have already filed the case in Court, then they cannot file another case for the same amount against the borrowers without committing unjust enrichment under the law. As the saying goes they cannot have their cake and eat it too.

 

As long as they are collecting from the awol employee they cannot institute another action for the same obligation against your friend.

 

Sir pol22366 thnx sa info. ngayn lang ako nag online ulit kaya meho delayed sagot ko. Add ko lang, Hindi pa pla nakakacollect yung coop kaya yung frend ko ang gsto deductionan sa kanilang salary. Pwede ba ung ganun? Thanks ulit

[peithe]

With due respect to peithe, Barangay have no jurisdiction over employer employee controversy. Go to DOLE and ask for help and assistance.

 

With due respect also... I guess I've made it clear that going to the baranggay is just to find an amicable settlement. Again, I've indicated that if the Baranggay did not give justice then go to DOLE for arbitration.

 

Why Baranggay first? Well this is a you said me said kinda thing. There was no doumentation of the hiring as well as of the salary to be given. The employer being a relative may easily deny any arrangement made pertaining to employment.

 

As to the comment of the baranggay ... wherein they computed for the income and asked you whether kaya kayang magpasweldo. Well, obligation to pay salary of a hired employee is not dependent whether the firm earns or is actually loosing money.

 

Since documentation of your employment is not present ... you probably need witness to strengthen you case as proof you're indeed "employed" (this is in the absence of an employment contract). Going to DOLE for arbitration is your hope

[Porn Star]

sir here's the scenario..

 

company xxx is di na makapagpasweldo sa employee nya.. then my wife quit.. she didn't surrneder her service car yet kasi may collectible pa syang 300+ thousand sa last pay nya. mejo malabo na syang bayaran. then, now pinapabalik na yung service otherwise irereport na daw as carnap.. they plan to sell the car para may pera daw pampasweldo. we tried to negotiate to offset na lang sa last pay ni mrs. ayaw nila. pano kaya gagawin namin? btw, sa books ng acct wala ng value yung car.

[b_9904]

i already did that pero ang ginawa ng brgy captain ay nag compute ng total net ng kita ng business ng tita then later told me "sapalagay mo makakapag pasweldo b sya" but my point is obligation nya magpa sweldo or else d na syua dapat nag negosyo, and may capacity naman sya magpa sweldo nagkataon lang talaga na since bagong bukas ang business kaya mejo may kahinaan pa

 

resort to blackmail: do you have evidence na namimirata tita mo?

 

if so, then takutin mo na irereklamo mo siya for violation of the optical media act. kung mga microsoft software ang pinirata nyo then go to microsoft as well.

 

anyway, my personal take on it is that: medyo mahal na mag-full blown litigation pa kayo kung 23 days worth lang yan ng sweldo.

 

if nag reklamo ang tita mo about you then harapin mo lang at patunayan na wala kang kinalalaman dyan.

 

i think pride is at stake here eh, i mean YOUR pride over your TITA's. reading your post medyo emotions ang labanan instead of legal.

 

anyway, if you really want to file an action i suggest you go to the PAO if qualified ka.

[jackbrng]

sir here's the scenario..

 

company xxx is di na makapagpasweldo sa employee nya.. then my wife quit.. she didn't surrneder her service car yet kasi may collectible pa syang 300+ thousand sa last pay nya. mejo malabo na syang bayaran. then, now pinapabalik na yung service otherwise irereport na daw as carnap.. they plan to sell the car para may pera daw pampasweldo. we tried to negotiate to offset na lang sa last pay ni mrs. ayaw nila. pano kaya gagawin namin? btw, sa books ng acct wala ng value yung car.

 

my advice is return the car. your wife company's has legal right over the said car. pwede talaga nila itong i-report as carnap. return the car then file a case against the company for non-payment of wages. mas maganda na yung kayo yung nande-demanda kaysa kayo yung i-demanda.

[Porn Star]

my advice is return the car. your wife company's has legal right over the said car. pwede talaga nila itong i-report as carnap. return the car then file a case against the company for non-payment of wages. mas maganda na yung kayo yung nande-demanda kaysa kayo yung i-demanda.

thanx.. got it.. yun nga rin sabi nila eh.. mag file na lang daw kami ng case.

[cydney_maldita]

yeah meron kasi up to now nag ooperate pa yung business pero sabi ng friend ko na tga mtrcb maliit lang daw yung negosyo thou considered na illegal duplication nga yung mga ginagawa nya...sabi nya pumunta ako sa office nila then dapat mag file ako dun...ang prob right now walang wala n akong budget halos malubog ako sa utang haaaay kasi masyado ko inasahan yung pa sweldo nya...

kasi ng mag file kami ng blotter sa kanya normal lang din siguro na gumawa sya ng way like reasons na may nawala sa kanya pero na proved ko naman na wlang nawala sa kanya...bad thing sa kanya kumampi ang lola ko kasi nakakahiya naman daw if ma broadcast si tita na di nagpapa sweldo.... and i think b4 kami nag harap harap sa brgy hall ay nakausap n nila yung chairman sila kasi ang nauna eh..then bigla nagbago yung opinion ng chairman haaaay

[cydney_maldita]

yeah madaming witness including yung mga katabi na establishments esp the clients/customers..thanxxxx and aside from that may written something na iniwan ang tita ko sa brgy na she build the business para kami ( 2 kami na tao nya) ang mag supervise ...sooo how cum na ma de deny pa nya na nag work kami sa kanya