legal Free Legal Advice

[redax]

can anyone help me? I need to have an antedated notarization of a document, dated dapat na before feb 3. thanks

 

Bawal ito kaya mga ganitong tanong dapat discreet, as in not in the open.

[bonito99]

bullseye.

[hitokiri_3020]

meron po ba tayong section for stolen cars and others? baka may mga intel kayo on where to look?

[rys]

help po.

 

im a single mom. di kami kasal nung sperm donor but he signed acknowledging na son niya anak namin sa birth cert.

may habol daw ako for financial support. tanong ko lang how much and paano process nito?

 

thanks

[angel_aishteru]

question lng po mga sir about birth certificate, i hope someone can help me...

 

i gave birth last month and nag karon ng prob wid the father, i thought ndi n kmi magkkaaus totally so nka apelido s kin ung baby ko.now we're ok and gusto nmin n gmitin ung last name ng bf ko...how should we do it???san po kmi dpat lumapit???

 

thanks in advance s advice..pwde po pki pm n din s kin ung sgot... :thumbsupsmiley:

[Jongkers]

help po.

 

im a single mom. di kami kasal nung sperm donor but he signed acknowledging na son niya anak namin sa birth cert.

may habol daw ako for financial support. tanong ko lang how much and paano process nito?

 

thanks

 

You need a lawyer for that to file a petition for support before a trial court.

The cost will initially include filing fees and the lawyer's professional fees (which varies).

In this kind of case, you have to prove that the "sperm donor" is the father, that he is not giving financial support, and that he is capable of giving financial support. This support, by the way, is for the child, not for you.

 

There is actually another option and that is to file a criminal case against the donor for failure to give support. It is found in RA 9262 and there is a penalty of imprisonment. Pero kung civil naman kayo sa isa't isa, di na siguro kailangan ang criminal case.

 

Hope this helps.

 

Edit:

Thanks for the assist, ela.

Edited April 18, 2009 by Jongkers

[Jongkers]

question lng po mga sir about birth certificate, i hope someone can help me...

 

i gave birth last month and nag karon ng prob wid the father, i thought ndi n kmi magkkaaus totally so nka apelido s kin ung baby ko.now we're ok and gusto nmin n gmitin ung last name ng bf ko...how should we do it???san po kmi dpat lumapit???

 

thanks in advance s advice..pwde po pki pm n din s kin ung sgot... :thumbsupsmiley:

 

You need to file an affidavit sa local civil registrar where the child is registered. They have a pro-forma affidavit for this. Fill it up, submit any kind of proof required by the law, pay the required fee (it was around P300 back in 2005) and wait for an annotated certificate of birth.

 

No new birth certificate or a corrected copy thereof will be issued. Instead, the civil registrar will simply put a remark in the upper right corner of the certificate that the child's surname is now that of the father's.

 

Hope this helps.

Edited April 19, 2009 by Jongkers

[danbrown]

The SC should have studied this further. 60 hours per year is to unrealistic.

 

 

but, that's only 5 hours a month,

 

or, 1.25 hours a week,

 

OR 15 mins a day (in a 5day work week)

[horny devil]

To all lawyers out there, can I ask your professional advice regarding about a friend of mine who has a personal (family) problem..Her father works in Dubai for 5 years, than one day came back in pinas for a vacation..they had found out that their father had an affair to a TNT pinay, and they had a child, 1 year old to be exact..so sa madaling sabi, inamin ng tatay nila na ganun nga ang sitwasyon duon sa Dubai..and to make matters worse, the TNT pinay had a family too in pinas..and it's not easy for her to go back in pinas because she had a family to feed as well, and also her illegal stay in that country.

 

the kulasisi in dubai is threathening the entire family to make a scandal regarding about the situation..the father wants to support the child, and he wants the child to be with them in pinas..the father will file a resignation once he's back in dubai.. and now her questions are:

 

1. what are the rigths of the illegitimate child, and to what extent?

2. what are the legal steps of the family for this matter?

3. can the "other woman" be charge too? and what will be the charges?

4. what are the rights of the other woman?

5. what will be the best solution legally for the family?

 

thanks in advance..just helping a good friend who's family is in difficult situation..

[Jongkers]

My answers in their order:

 

1. "Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force." (Family Code)

 

Read this in relation to the law allowing illegitimate children to use the father's surname.

 

2. Steps to what? As for the child, the legal family can choose to adopt the baby so as to confer legitimacy but this will obviously affect the successional rights of the wife and the legitimate children. As for the mistress, they can file a TRO to prevent her from harming or even getting close to them.

 

I don't know, but I don't think she will make a big scandal out of it because it will be her, ultimately, that will look bad in the scenario.

 

3. Obviously, if she's still in Dubai, she's already facing a legal problem there because of her illegal stay there. I'm not sure though if Dubai has a law punishing adultery. Fortunately for her, she cannot be prosecuted for adultery here in the Philippines because the crime was commited outside our territory. Save for a few exceptions, our criminal laws apply only within the country's territorial boundaries.

 

4. Look up RA No. 9262, but then again, the offense was commited outside the country, and my post above regarding support for the child.

 

5. Mahirap mag-suggest kasi family matter yan e. Kung mapera sila, baka ma-complicate pa. But adoption is an option KUNG papayag yung mother/mistress. Mas mahirap rin naman yatang 'yung husband ni mistress ang mag-adopt sa bata.

 

Hope this helps.

[pink24]

To all lawyers who is familiar of the labor code:

 

Is it legal na magpapasok on legal holidays?

 

Our HR told us na it is ok as long as we are well compensated (2x of our daily rate).

 

and kung aabsent daw kami on that day ibabawas sa leave namin.

 

what do u think guys?

[Jongkers]

The rule on work on a regular holiday is that a worker will still be paid a whole day's salary even if no work was rendered.

If work is rendered, then the pay is double the regular rate.

If the employee is made by the employer to work on a regular holiday, the preceding rule will apply: double pay.

 

This is what the Labor Code says:

 

"Art. 94. Right to holiday pay. -- Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers;

 

The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; and

 

As used in this Article, "holiday" includes: New Year’s Day, Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the twenty-fifth and thirtieth of December and the day designated by law for holding a general election."

 

Your HR is WRONG in saying that it can deduct your (holiday work) absence from your leaves. You are entitled by law to holiday pay AND to your leave. To do so will be robbing you of your rights twice. Tinanggalan ka na nga ng benefit na pay-without-work, babawasan pa ang leaves mo. Mali naman yun.

 

Hope this helps.

[archer_dude]

I need your help dear counsels. I recently sold my car that was registered under my Father's name. Unfortunately the original CR is missing. I went to LTO's office today to ask for the procedure in obtaining another copy since the buyer needs it. They said the first thing that I need to secure is an "Extra Judicial Settlement" from an attorney. How can I secure this legal document?

 

I hope someone can help me out on this.

 

Thanks!

[maxsurban77]

help po.

 

im a single mom. di kami kasal nung sperm donor but he signed acknowledging na son niya anak namin sa birth cert.

may habol daw ako for financial support. tanong ko lang how much and paano process nito?

 

thanks

 

 

tama ang advice ni panyero although it may not really be that simple later on but quite an interesting case. Father of your kid is a sperm donor? Invitro ba ang nangyari o artificial insemination? Pag ako abogado ng kalaban sabihin ko ang usapan donor lang ako bakit pati support eh sa kanya mo kukunin. Wala pang batas that deals specifically with the responsibility of a sperm donor, this will be an interesting case.

[bonito99]

What kind of "sperm donor" are we talking about?