legal Free Legal Advice

[GODzilla]

i think the term "sperm donor" in this case was used loosely. probably a fomer lover she had a falling out with because names of sperm donors in cases of artificial insemination are usually confidential. It is also highly improbable that the sperm donor in such a case would acknowledge the child.

 

I do agree however that the mother can go after the father based on the acknowledgement he made in the birth certificate. either by filing a civil case for support or for violation of R.A. 9262 if he has been denying the child support since birth.

[Roubaix]

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..

 

If the TNT Pinay is legally married in the Philippines, may lusot tayo. If she is married, there might be away to deny paternity of the child (drastic, immoral but legal way out). If your friends father didn't acknowledge being the father, my manyak mind says, deny, deny, deny. A married woman who has a child must take the surname of her husband. That is the general rule. Since the affair happened in Dubai, there can't be a case for support filed here. it's up to the woman to prove he is the father. But since she is married, there will be doubt.

 

This is a long shot but these facts are discussed in law school as scenarios as one of those lusots in the law. Be careful, my suggestion could cause more trouble and once taken, is a point of no return.

[Roubaix]

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!

 

Extra judicial settlement only applies if there is a case filed or a dispute resolved. For a lost CR, a simple affidavit of loss signed by your father should suffice. I just did one for a friend.

[Silent Partner]

to all i need your help

 

A friend of mine wants to get married in hongkong, he is separated his ex-wife

is married already and staying in singapore and the girl is single.

 

do you know the requirements needed to get this thing done or for them

to get married .

 

thanks in advance

[Jongkers]

i think the term "sperm donor" in this case was used loosely. probably a fomer lover she had a falling out with because names of sperm donors in cases of artificial insemination are usually confidential. It is also highly improbable that the sperm donor in such a case would acknowledge the child.

 

I do agree however that the mother can go after the father based on the acknowledgement he made in the birth certificate. either by filing a civil case for support or for violation of R.A. 9262 if he has been denying the child support since birth.

 

 

That's how I understood it as well and not it's strict meaning where a man donated his sperm. Besides, in the latter case, the donee has no way of knowing who the donor is.

[Jongkers]

to all i need your help

 

A friend of mine wants to get married in hongkong, he is separated his ex-wife

is married already and staying in singapore and the girl is single.

 

do you know the requirements needed to get this thing done or for them

to get married .

 

thanks in advance

 

Is your friend a Filipino? If he is, he can't marry her because he is still legally married to his wife. Without a declaration from a court that their marriage is either void or annulled, their marriage is legally subsisting. His wife's marriage in Singapore, assuming she is also a Filipino, may be valid in Singapore but not here in the Philippines. For that matter, your friend can get married in Hong Kong but said marriage will likewise be not recognized here.

 

It would seem a simple solution -- that both can re-marry anywhere but here at wala pang bigamy -- but this will only cause problems in the future especially if they have common children and property. Their respective children in the subsequent marriages will also be illegitimate children without a chance of being legitimated. Magulo yan in the future, in other words.

 

Have their marriage dissolved here first bago magpakasal sa iba.

[pink24]

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.

 

"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"

 

pwede kami umabsent even sinabi ng employer na kailangan pumasok on a regular holiday kasi marami work?

[Jongkers]

"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"

 

pwede kami umabsent even sinabi ng employer na kailangan pumasok on a regular holiday kasi marami work?

 

Yes, may one-day pay ka pa rin at hindi rin pwedeng bawasan ng isang araw ang leaves mo.

Kaya lang, baka magkaproblema ka sa HR in relation to employee discipline.

[pink24]

Yes, may one-day pay ka pa rin at hindi rin pwedeng bawasan ng isang araw ang leaves mo.

Kaya lang, baka magkaproblema ka sa HR in relation to employee discipline.

 

Thanks!

[libra6]

Sir good morning. I would just like to ask if there is a law sa pinas against stalkers? My brother in law is being stalked by someone allegedly the husband of a former officemate na galit sa kanya at sinabing pinakialamanan nya daw yung asawa wherein hindi naman daw. kahit san mapunta ang bayaw ko e nasusundan sya. nakukuha ang kanyang mga contact numbers and ginugulo talaga sya. he already received threats thru cp (tinatawagan sya). is there anything he can do legally to stop the threat? papano po ba dapat i-handle ang ganitong situation? salamat ng madami po sir. I will be waiting for your response. more power to MTC and all the members

[GODzilla]

Sir good morning. I would just like to ask if there is a law sa pinas against stalkers? My brother in law is being stalked by someone allegedly the husband of a former officemate na galit sa kanya at sinabing pinakialamanan nya daw yung asawa wherein hindi naman daw. kahit san mapunta ang bayaw ko e nasusundan sya. nakukuha ang kanyang mga contact numbers and ginugulo talaga sya. he already received threats thru cp (tinatawagan sya). is there anything he can do legally to stop the threat? papano po ba dapat i-handle ang ganitong situation? salamat ng madami po sir. I will be waiting for your response. more power to MTC and all the members

 

hmmm...i think the closest to the anti-stalking and harassment laws in the States here in the Phils. is RA 9262 which gives women and their children protection from harassment by way of a Protection Order. Considering that your bayaw is a male, he is obviously not qualified for the same. However, he has several options available for him:

 

1. he can file a criminal complaint for grave threats and/or unjust vexation if he can identify the person calling him and making such threats;

2. he can ask for a restraining order to prevent said person from going near him and enjoin him from making such threats;

[libra6]

thanks GOZDzilla. where can he file the criminal complaint? my bayaw works in the province and the guy who threatens him live here in metro manila.

[redax]

Extra judicial settlement only applies if there is a case filed or a dispute resolved. For a lost CR, a simple affidavit of loss signed by your father should suffice. I just did one for a friend.

 

It could be that what is meant here is extrajudicial settlement of estate of deceased person that's why he cannot get his father to sign an affidavit of loss or sign the deed of sale himself. In this case, the heir's would have to declare that car in their extrajucial settlement of the estate of the father, which usually is not done, since most properties declared are only real property. What's worse would be if the LTO would also require proof of payment of estate taxes where the car is also declared, which is also not usually declared. What would further complicate this matter is if their are multiple heirs and they all become co-owners of the car. Just declaring the car in the extrajudicial settlement or just to have one because of the car would be a burden.

[handlewithcare]

sir. i have a friend na may baby less than a year old. isinunod yung apelyido ng baby sa father ng baby although theyre not married and just lived-in together for only three months. ngayon hiwalay na sila and hindi naman nagbibigay ng sustento yung father ng baby. can she still change the surname of her baby to her surname? what future complications will she encounter if ever? thanks in advance

[b_9904]

Hi po,

 

1) How do you file a criminal complaint?

 

May nang-haharass po kasi saaking live-in partner ng Ex-gf ko. Death threats, miss calls, and the usual pang aasar. Nakakapikon na po kasi dahil from time to time mangugulo nalang bigla saakin and I want to teach him a lesson po.

 

So can you please help me with the process and kung may contact person na po kayo dun na pwede kong lapitan.

 

PS: I live in Manila.

 

2) Can I go to the hospital and ask them for the full name and contact details of the live-in partner?

 

He works at a reputable hospital with my ex. We live near that hospital and there is always a possibility that I'll rush my relatives and family members during emergencies. Also, I dont know the full name and contact details of the live-in partner BUT I do know the name and contact details of my ex.

 

So can I write a complaint to the hospital re: their employee's behavior outside of the work place and ask for the contact details and full name of the live-in partner?

 

Maraming salamat po.

 

PS: I have evidence of his death threat. Nasa cellphone ko po and I took a video of it too. He is using my ex's personal prepaid number.

Edited April 25, 2009 by b_9904