legal Free Legal Advice

[Pinoymale]

Hi, sorry for the late reply, been busy with out of town work and haven't surfed for awhile. Here is a sample motion, just change the details to match the details of your case.

 

Can you please furnish me a draft copy of a Motion For Early Resolution? As of date ay wala po talaga ako capability na magpagawa sa lawyer. Hirap po talaga ngayon.

 

And one more thing sir, Kailan ko po i-set ang date for the notice of hearing? After 10 working days po ba?

 

Ang email address ko po ay neil_deleon@yahoo.com.

 

BTW, ang sabi po sa akin ng Associate Labor Arbiter ay ipinadala daw po ni Arbiter de Vera ang papeles for actual computation sa isa pa pong department sa NLRC? Gaano po ba katagal gawin ang computation? Yun na lang naman daw po ang hinihintay ni Arbiter para ilabas ang Writ.

 

Maraming salamat po!

sample.doc

[strips]

good day po sirs....

 

 

may question lang po tungkol sa obligations & contracts. i'm an english instructor for a korean academy and i just signed a contract saying that i will now be working in a full time position (used to be part-timer po). recently, my bosses said that they are putting me back as a part-timer TEMPORARILY because of the economic crisis.

 

wala naman nakalagay dun sa contract na pwede i-ammend yung working hours ko or yung schedule. legal po ba yung ginawa nila? kung hindi po, ano po pwede ko gawin?

 

salamat po ulit...

Edited March 11, 2009 by strips

[bonito99]

show us the contents of your contract, please.

[bosslove]

Hi, sorry for the late reply, been busy with out of town work and haven't surfed for awhile. Here is a sample motion, just change the details to match the details of your case.

 

sir, thank you po sa draft. may iba pang recent developments na ill be sharing later, pag di na po gaano busy. thanks again sir!

[ej_qn]

sir, tanong ko lang po...

 

I have witnesses. They've written a sworn statement na notarized in the front of my attorney. BUT my witnesses don't want an audience with the prosecutor stating that their notarized report is more than enough? Can the I request the prosecutor to subpoena them? Are they obligated to appear as per request of the Prosecutor? Because ang reason ng isa kong attorney was that "why did your witnesses bother writing a sworn statement and informing them about the legal coverage only for them to back out later on." Can my witnesses be charged? Purgery? Held in contempt? Need your input in this. Thanks.

Edited March 11, 2009 by ej_qn

[rocco69]

1. Can the I request the prosecutor to subpoena them?

May kapangyarihan ang fiscal na mag-issue ng subpoena para magpatawag ng mga testigo (tingnan ang Section 11, PD 1275), kaya lumalabas pwede kang mag-request sa fiscal.

 

Ngunit, subalit, datapwat... kalimitan ayaw ng fiscal gawin ito. Trabaho ng nagrereklamo na kumuha ng testigo. Kung ayaw ng testigong magpakita sa fiscal, mas malamang sa hindi, pag naisampa ang kaso sa korte mas lalong ayaw nitong magpakita sa huwes. Sayang lang ang pagpapagod ng piskalya sa paghahain ng kaso, kung pagkatapos di naman mapatunayan ang krimen dahil ayaw magpakita ng testigo.

 

oo nga at pwedeng pilitin ang testigo sa pamamagitan ng subpoena, kaya lang mas maganda na kagustuhan ng testigo ang pagharap sa piskalya at huwes. Mahirap ang sapilitan. Baka magalit ang testigo mo sa yo dahil pinilit mo lang sila at kung ano-ano na ang pagsasabihin sa fiskal, baka mas lalo lang humina ang kaso mo!

 

Maaari silang ipahuli kung ayaw nilang sumunod sa subpoena, pero ang sabi ko nga, malabong mag-issue ng subpoena in the first place ang fiscal.

 

di rin naman ito perjury dahil hindi naman masabi kung sila ay nagsisinungaling o hindi under oath dahil hindi nga sila humarap upang sumumpa sa fiscal (ayaw kasi ng mga fiscal na sa notaryo lang sumusumpa ang testigo dahil walang kasiguraduhan kung sino ang taong ito o kung ito nga ay tutoong tao).

 

Talk to your witnesses and use your powers of persuasion to convince them to appear, otherwise, mahirap talaga. Lalo na karamihan ng tao ayaw makialam/masangkot sa kaso.

 

Hope this helps.

sir, tanong ko lang po...

 

I have witnesses. They've written a sworn statement na notarized in the front of my attorney. BUT my witnesses don't want an audience with the prosecutor stating that their notarized report is more than enough? Can the I request the prosecutor to subpoena them? Are they obligated to appear as per request of the Prosecutor? Because ang reason ng isa kong attorney was that "why did your witnesses bother writing a sworn statement and informing them about the legal coverage only for them to back out later on." Can my witnesses be charged? Purgery? Held in contempt? Need your input in this. Thanks.

[JEFFisHOT]

Ask ko lang po, i wasnt able to pay a deaprtment store credit card for almost a year because medyo natamaan tayo ng crisis. yesterday i received a summons from an rtc filed by the department store. Question, what can i do? i am willing to settle but hindi pa ngayon. do i need to answer the summons and find a lawyer? the amount in question is only 11k.

[GODzilla]

Ask ko lang po, i wasnt able to pay a deaprtment store credit card for almost a year because medyo natamaan tayo ng crisis. yesterday i received a summons from an rtc filed by the department store. Question, what can i do? i am willing to settle but hindi pa ngayon. do i need to answer the summons and find a lawyer? the amount in question is only 11k.

 

Read the complaint attached to the summons first. if the total amount claimed is only 11k, then the summons is probably bogus and is being used just to scare you. the reason i say this is because the MTC has jurisdcition over the case and not the RTC. On the other hand, if the summons is indeed legitimate, then you must file an answer immediately otherwise, you will be declared in default and judgment will be issued against you.

[JEFFisHOT]

sorry my bad, the summons was issued by the mtc. but not signed by a judge, just a clerk of court, attached to the summons is a statement of claim. what do i do know?

[moed]

Grabe naman kung totoo ito. Small claims cases na ito kaya siguro pinatolan. Bawal nga appearance abogado sa ganito puro ready made forms na lang fill up ng parties. 11 thousand kinasohan. Maski sa punta punta lang sa korte matrabaho ito, lalo na kung 11 thou kinakasohan. Matindi na naman siguro pilahan nito sa mtc kung talagang kasohan sa 11 thou.

[JEFFisHOT]

any advice on what this is?

[Dr_PepPeR]

I recall reading in the papers that certain MTCs will be designated as small claims courts or have been designated already, and lawyers will not be required to pursue or defend a claim. Perhaps the practitioners can shed more light on this.

[moed]

A.M. No. 08-8-7 SC; Rule of Procedure for Small Claims.

[JEFFisHOT]

ah ok , so what do you suggest we do? will they really file case to pursue 11k?

[moed]

If the summons is authentic, that means a small claims action has already been filed against you. Under Sec. 11, you should file with the court and serve with the plaintiff a duly accomplished and verified response within a non-extendible period of ten days. Even though a lawyer is not allowed to appear for you at the hearing, I believe you would need one to assist you with the response. Under Sec. 12, failure to file response, the court shall render judgement as may be warranted by the facts alleged in the Statement of Claim, limited to what is prayed for, but may reduce the amount of damages.

This rule is very favorable to the plaintiff as the period to file response is very short and the defendant such as yourself may very well not know what is going on, specially if he doesn't have a lawyer to consult with. A motion for extention of time to file a pleading is a prohibited so I would expect a lot of judgements to be made based on the Statement of Claim. If I were you, I'd hurry up and file the response, with assistance of a lawyer.