legal Free Legal Advice

[swami]

ask ko lang yung isang agent namin met anaccidebt inside the office premises while their practicing for the cheerdance competetion, she fell badly and critical sa hospital..ask ko lang will the employer be liable on that?

 

It really depends. Was the floor wet? Were the employees practicing negligently? Were they throwing your co-employee in the air without the assitance of a trained cheer leader?

 

The test in determining whether the employer should be held liable is: Could the employer have reasonably foreseen the incident? And if so, did he undertake reasonable means to prevent such incident? If yes, he's liable. If not, he's not.

 

If the floor was slippery, then maybe the employer is liable. If the ventillation system was so poor as to cause your co-employee to get dizzy, and consequently, she fell off, then may be the employer is liable. Unless these and other similar circumstances were present, I don't think the employer is liable.

[Silent Partner]

I seek your advice regarding this matter

 

Ofw po ako presently in Tunisia before po ako nagpunta dito nag open po ako ng dollar joint account w/ my gf

now na medyo meron kaming alitan ayaw nya now pumirma and magwithdraw para mabigyan ko ng support

ang mother ko and ayaw din nya isauli sa akin ang passbook

 

what actions po dapat ang gawin ko para mabawi ko ito or hindi nya ma withdraw ang pera ko habang andito

pa ako sa ibang bansa

 

please need your help

 

thanking you in advance

[swami]

I seek your advice regarding this matter

 

Ofw po ako presently in Tunisia before po ako nagpunta dito nag open po ako ng dollar joint account w/ my gf

now na medyo meron kaming alitan ayaw nya now pumirma and magwithdraw para mabigyan ko ng support

ang mother ko and ayaw din nya isauli sa akin ang passbook

 

what actions po dapat ang gawin ko para mabawi ko ito or hindi nya ma withdraw ang pera ko habang andito

pa ako sa ibang bansa

 

please need your help

 

thanking you in advance

 

Dude, I have not worked in a bank, and therefore, am not really familiar with their practices.

 

Having said that, I think you cannot unilaterally prevent your gf from withdrawing monies from that dollar account right away. You see, when you opened that account, you entered into a three-party contract: you, your gf and the bank. The bank's obligation is not only to you, but also to your gf. Of course, you may eventually have it stopped, but as i said, not right away. You will have to file a case in court for that.

 

But i still suggest that you write the bank. There's no harm trying. Banks are usually wary of these things, and will try to avoid litigation as much as possible. There's no harm trying.

[Silent Partner]

Dude, I have not worked in a bank, and therefore, am not really familiar with their practices.

 

Having said that, I think you cannot unilaterally prevent your gf from withdrawing monies from that dollar account right away. You see, when you opened that account, you entered into a three-party contract: you, your gf and the bank. The bank's obligation is not only to you, but also to your gf. Of course, you may eventually have it stopped, but as i said, not right away. You will have to file a case in court for that.

 

But i still suggest that you write the bank. There's no harm trying. Banks are usually wary of these things, and will try to avoid litigation as much as possible. There's no harm trying.

 

 

Bossing

 

Many thanks !! i will try to call or write to my bank

so i can stop her withdrawing my savings

[powerpuffgirls]

I went yesterday at the wet market to buy fish. I paid the vendor a worn out-P200-bill with many writings on it (the only money i had at that time). Upon seeing my money by the vendor, she immediately refused it (money). She reasoned out: "Ineng, di na pwedeng pambayad yang pera mo ang daming sulat at gamit na gamit na". I answered her back : " Manang, pwede pa ho ito,hanggat intact pa ho yung SERIAL NUMBER nung pera". But, she insisted not accepting the money...

 

 

 

attorneys, I would like to ask: What does constitute bills and coins to be called as legal tender here in the Philippines?

[freelicker]

I went yesterday at the wet market to buy fish. I paid the vendor a worn out-P200-bill with many writings on it (the only money i had at that time). Upon seeing my money by the vendor, she immediately refused it (money). She reasoned out: "Ineng, di na pwedeng pambayad yang pera mo ang daming sulat at gamit na gamit na". I answered her back : " Manang, pwede pa ho ito,hanggat intact pa ho yung SERIAL NUMBER nung pera". But, she insisted not accepting the money...

 

 

 

attorneys, I would like to ask: What does constitute bills and coins to be called as legal tender here in the Philippines?

 

This is not really an issue of legal tender but rather whether the bill you have given remains "good" in the commercial sense. Legal Tender is actually the acceptable currency that can retire or extinguish a monetary obligation.

 

Old and/or severely defaced bills are no longer considered to be legal tender in the strict sense. These are normally the bills that are retired by the Central Bank from circulation due to its "bad condition" and as such very few people would accept bills of these nature hence the acceptability of the bill becomes in question. However, in most of these cases, banks will accept it for changing to newer bills and they will then in turn turn over these bills to the Central Bank for destruction. Beware however, that the bank may refuse the same as well due to its condition so choose the bank where you have some "face value" so that they can accomodate you.

[b1gbeauty89]

hi i need help on this scenario pls lawyers...

 

a licensed enginer (ECE) was assigned by a company to certify for them in compliance with an NTC requirement

 

question :

1. what is the specific legal documentation that the licensed professional should have or ask for ?

2. what specific amount of fees is acceptable enough on this kind of engagement?

3. is this kind of so-called engagement valid?

 

pls enlighten me...thanks in advance

[swami]

I went yesterday at the wet market to buy fish. I paid the vendor a worn out-P200-bill with many writings on it (the only money i had at that time). Upon seeing my money by the vendor, she immediately refused it (money). She reasoned out: "Ineng, di na pwedeng pambayad yang pera mo ang daming sulat at gamit na gamit na". I answered her back : " Manang, pwede pa ho ito,hanggat intact pa ho yung SERIAL NUMBER nung pera". But, she insisted not accepting the money...

 

 

 

attorneys, I would like to ask: What does constitute bills and coins to be called as legal tender here in the Philippines?

 

There's a specific BSP circular for this. If I remember it correctly, a bill shall still be considered legal tender, provided that any perforation/detachment does not exceed 1/3 of its original face, and provided that the serial number is still intact.

 

@powerpuffgirl: you sure you're not a law student? Your posts seem to suggest that you are.

[swami]

hi i need help on this scenario pls lawyers...

 

a licensed enginer (ECE) was assigned by a company to certify for them in compliance with an NTC requirement

 

question :

1. what is the specific legal documentation that the licensed professional should have or ask for ?

2. what specific amount of fees is acceptable enough on this kind of engagement?

3. is this kind of so-called engagement valid?

 

pls enlighten me...thanks in advance

 

Hmm. I don't practice telecommunications law (there are only few telecommunications company, hence, very limited lawyers who will be exposed to the industry), so i'm not really familiar with the matters you just said.

 

Having said that, I think the NTC has issued a regulation requiring telecommunications companies to secure a certification from licensed ECE to certify that the company is complying with the standards set by law and the rules. It's pretty much like the audit report being conducted by auditing firms on the financial status of companies. So, to your questions:

 

1. the ECE ought to know what's being required of him to certify. He must check the specific regulations issued by the NTC therefor.

 

2. I don't know.

 

3. Perfectly valid. It's within the authority of the NTC to require this standard.

[rocco69]

What does constitute bills and coins to be called as legal tender here in the Philippines?

 

ARTICLE II of R.A. 7653 (THE BANGKO SENTRAL ACT) STATES:

 

Article II - Issue of Means of Payment

 

A. CURRENCY

 

SECTION 49. Definition of Currency. — The word "currency" is hereby defined, for purposes of this Act, as meaning all Philippine notes and coins issued or circulating in accordance with the provisions of this Act.

 

SECTION 50. Exclusive Issue Power. — The Bangko Sentral shall have the sole power and authority to issue currency, within the territory of the Philippines. No other person or entity, public or private, may put into circulation notes, coins or any other object or document which, in the opinion of the Monetary Board, might circulate as currency, nor reproduce or imitate the facsimiles of Bangko Sentral notes without prior authority from the Bangko Sentral.

 

The Monetary Board may issue such regulations as it may deem advisable in order to prevent the circulation of foreign currency or of currency substitutes as well as to prevent the reproduction of facsimiles of Bangko Sentral notes.

 

The Bangko Sentral shall have the authority to investigate, make arrests, conduct searches and seizures in accordance with law, for the purpose of maintaining the integrity of the currency.

 

Violation of this provision or any regulation issued by the Bangko Sentral pursuant thereto shall constitute an offense punishable by imprisonment of not less than five (5) years but not more than ten (10) years. In case the Revised Penal Code provides for a greater penalty, then that penalty shall be imposed.

 

SECTION 51. Liability for Notes and Coins. — Notes and coins issued by the Bangko Sentral shall be liabilities of the Bangko Sentral and may be issued only against, and in amounts not exceeding, the assets of the Bangko Sentral. Said notes and coins shall be a first and paramount lien on all assets of the Bangko Sentral.

 

The Bangko Sentral's holdings of its own notes and coins shall not be considered as part of its currency issue and, accordingly, shall not form part of the assets or liabilities of the Bangko Sentral.

 

SECTION 52. Legal Tender Power. — All notes and coins issued by the Bangko Sentral shall be fully guaranteed by the Government of the Republic of the Philippines and shall be legal tender in the Philippines for all debts, both public and private: Provided, however, That, unless otherwise fixed by the Monetary Board, coins shall be legal tender in amounts not exceeding Fifty pesos (P50.00) for denominations of Twenty-five centavos and above, and in amounts not exceeding Twenty pesos (P20.00) for denominations of Ten centavos or less.

 

SECTION 53. Characteristics of the Currency. — The Monetary Board, with the approval of the President of the Philippines, shall prescribe the denominations, dimensions, designs, inscriptions and other characteristics of notes issued by the Bangko Sentral: Provided, however, That said notes shall state that they are liabilities of the Bangko Sentral and are fully guaranteed by the Government of the Republic of the Philippines. Said notes shall bear the signatures, in facsimile, of the President of the Philippines and of the Governor of the Bangko Sentral.

 

Similarly, the Monetary Board, with the approval of the President of the Philippines, shall prescribe the weight, fineness, designs, denominations and other characteristics of the coins issued by the Bangko Sentral. In the minting of coins, the Monetary Board shall give full consideration to the availability of suitable metals and to their relative prices and cost of minting.

 

SECTION 54. Printing of Notes and Mining of Coins. — The Monetary Board shall prescribe the amounts of notes and coins to be printed and minted, respectively, and the conditions to which the printing of notes and the minting of coins shall be subject. The Monetary Board shall have the authority to contract institutions, mints or firms for such operations.

 

All expenses incurred in the printing of notes and the minting of coins shall be for the account of the Bangko Sentral.

 

SECTION 55 Interconvertibility of Currency. — The Bangko Sentral shall exchange, on demand and without charge, Philippine currency of any denomination for Philippine notes and coins of any other denomination requested. If for any reason the Bangko Sentral is temporarily unable to provide notes or coins of the denominations requested, it shall meet its obligations by delivering notes and coins of the denominations which most nearly approximate those requested.

 

SECTION 56. Replacement of Currency Unfit for Circulation. — The Bangko Sentral shall withdraw from circulation and shall demonetize all notes and coins which for any reason whatsoever are unfit for circulation and shall replace them by adequate notes and coins: Provided, however, That the Bangko Sentral shall not replace notes and coins the identification of which is impossible, coins which show signs of filing, clipping or perforation, and notes which have lost more than two-fifths (2/5) of their surface or all of the signatures inscribed thereon. Notes and coins in such mutilated conditions shall be withdrawn from circulation and demonetized without compensation to the bearer.

 

SECTION 57. Retirement of Old Notes and Coins. — The Bangko Sentral may call in for replacement notes of any series or denomination which are more than five (5) years old and coins which are more than (10) years old.

 

Notes and coins called in for replacement in accordance with this provision shall remain legal tender for a period of one (1) year from the date of call. After this period, they shall cease to be legal tender but during the following year, or for such longer period as the Monetary Board may determine, they may be exchanged at par and without charge in the Bangko Sentral and by agents duly authorized by the Bangko Sentral for this purpose. After the expiration of this latter period, the notes and coins which have not been exchanged shall cease to be a liability of the Bangko Sentral and shall be demonetized. The Bangko Sentral shall also demonetize all notes and coins which have been called in and replaced.

 

 

 

AS FOR YOUR PAYMENT WITH THE USED TWENTY-PESO BILL, THE FOLLOWING IS THE POLICY OF THE BSP ON THIS.

 

Clean Note Policy of the BSP

 

Basic Information from BSP Circular No. 61 Series of 1995 entitled "Consolidated Rules and Regulations on Currency Notes and Coins"

 

CLEAN NOTE POLICY

 

To effect an expeditious withdrawal from circulation of unfit Philippine currency notes classified under Section 15, Chapter V of Circular No. 61, banks and their branches shall observe the following guidelines and procedures when making cash deposits with the Cash Department or any of the Regional Offices/Branches of BSP:

 

a. Banks shall classify their cash deposits into two types: (1) clean or fit notes and (2) dirty or unfit notes in accordance with the “Currency Guide for Bank Tellers, Money Counters and Cash Custodians” prepared by the Cash Department of the BSP. The notes thus classified shall be further sorted by series and denomination.

 

b. Banks shall provide securely sealed bags or containers separately for the clean or fit notes and for the dirty or unfit notes accompanied by a deposit slip for each type/category. The deposit slip for the unfit currency notes shall be clearly labeled as “unfit.”

 

c. To facilitate handling of deposits, banks’ deposits shall be packed in sealed bags or containers in standard quantity of twenty (20) full bundles per denomination (each bundle containing 1,000 notes in ten (10) equal straps, each strap containing 100 notes).

 

d. Provincial branches of banks may make direct deposits of currency notes, duly identified and sorted, with the nearest Bangko Sentral Regional Office/Branch. In areas where there are no Bangko Sentral Regional Office/Branch, provincial branches of banks shall arrange with their respective Head Offices the shipment of their unfit or dirty notes for deposit with the Cash Department of BSP in Manila. Cost of shipment and other related expenses to be incurred shall be solely for the account of the bank concerned.

 

REPLACEMENT AND REDEMPTION OF LEGAL TENDER PHILIPPINE CURRENCY NOTES AND COINS CONSIDERED MUTILATED OR UNFIT FOR CIRCULATION

 

Section 56 of Republic Act No. 7653, or the New Central Bank Act, provides that: “The Bangko Sentral shall withdraw from circulation and shall demonetize all notes and coins which for any reason whatsoever are unfit for circulation and shall replace them by adequate notes and coins. Provided, however, that the Bangko Sentral shall not replace notes and coins the identification of which is impossible, coins which show signs of filing, clipping or perforation, and notes which have lost more than two-fifths (2/5) of their surface or all of the signatures inscribed thereon. Notes and coins in such mutilated condition shall be withdrawn from circulation and demonetized without compensation to the bearer.”

 

A currency note shall be considered unfit for circulation when:

 

a. It contains heavy creases which break the fiber of the paper and indicate that disintegration has begun. Provided, however, that mere creasing or wrinkling which has not broken nor weakened the note does not render the note unfit for circulation; or

 

b. It is badly soiled/contaminated and/or with writings even if it has proper life or sizing; or

 

c. It presents a limp or rag-like appearance.

 

A currency note shall be considered mutilated when:

 

a. Torn parts of banknotes are joined together with adhesive tape in a manner which tries to preserve as nearly as possible the original design and size of the note; or

 

b. The original size of the note has been reduced/lost through wear and tear or has been otherwise torn, damaged, defaced or perforated through action of insects, chemicals or other causes; or

 

c. It is scorched or burned to such an extent that although recognizable as such, it has become frail and brittle as to render further handling thereof impossible without disintegration or breaking; or

 

d. It is split edgewise; or

 

e. It has lost all the signatures inscribed thereon.

 

A currency coin shall be considered unfit for circulation when:

 

a. It is bent or twisted out of shape or defaced, but its genuineness and/or denomination can still be readily and clearly determined/identified; or

 

b. It has been considerably reduced in weight by natural abrasion/wear and tear.

 

A currency coin shall be considered mutilated when:

 

a. It shows signs of filing, clipping or perforation; or

 

b. It shows signs of having been burned or has been so defaced, that its genuineness and/or denomination cannot be readily and clearly identified.

 

Currency notes and coins considered unfit for circulation shall not be re-circulated, but may be presented for exchange to or deposited with any bank.

 

Currency notes and coins considered mutilated shall not be re-circulated nor deposited/exchanged, but may be presented or forwarded, for determination of their redemption/exchange value to:

 

a. The Cash Department

Bangko Sentral ng Pilipinas

Security Plant Complex, East Avenue,

Diliman, Quezon City

 

b. The nearest Bangko Sentral Regional Office/Branch

 

I went yesterday at the wet market to buy fish. I paid the vendor a worn out-P200-bill with many writings on it (the only money i had at that time). Upon seeing my money by the vendor, she immediately refused it (money). She reasoned out: "Ineng, di na pwedeng pambayad yang pera mo ang daming sulat at gamit na gamit na". I answered her back : " Manang, pwede pa ho ito,hanggat intact pa ho yung SERIAL NUMBER nung pera". But, she insisted not accepting the money...

 

 

 

attorneys, I would like to ask: What does constitute bills and coins to be called as legal tender here in the Philippines?

[moneymaking63]

Hello Attorneys!

I would like to ask about bouncing checks.Will try to read back posts when I have the time just in case meron nang kasulatan about it.

 

I have 2 checks amounting to 60k.Returned to me by the bank for lack of funds.Obviously nagdadahilan yung issuer and it has been almost 2 months.Sent him a Final Notice of Demand (Tama ba yun?).So 5 days have lapsed and still no action on his part.

 

Want to file a case sana but have limited funds. Ano po ang best way?Ok sana kung after resolution and found guilty si bugoy,mga cost of suit,damages or interest and attorneys fees pwede claim para naman mabayaran yung lawyer.

 

Sorry to say,pero mas ok rin kahit Jail time lang. :hypocritesmiley:

 

Thank you in advance for your sound advice.

[swami]

Hello Attorneys!

I would like to ask about bouncing checks.Will try to read back posts when I have the time just in case meron nang kasulatan about it.

 

I have 2 checks amounting to 60k.Returned to me by the bank for lack of funds.Obviously nagdadahilan yung issuer and it has been almost 2 months.Sent him a Final Notice of Demand (Tama ba yun?).So 5 days have lapsed and still no action on his part.

 

Want to file a case sana but have limited funds. Ano po ang best way?Ok sana kung after resolution and found guilty si bugoy,mga cost of suit,damages or interest and attorneys fees pwede claim para naman mabayaran yung lawyer.

 

Sorry to say,pero mas ok rin kahit Jail time lang. :hypocritesmiley:

 

Thank you in advance for your sound advice.

 

Hmm. The Supreme Court has recently promulgated the Rules on Small Claims, governing money claims not exceeding 100k.

I think this is your best option: to file a claim with the small claims court.

 

Before the adoption of the said rules, litigants who have money claims not exceeding 100k are discouraged to file cases because of the exorbitant fees that lawyers charge, considering that their money claim is not that much. Accordingly, the SC promulgated the rules on small claims. The apperance of lawyers in small claims cases is not allowed.

 

Under the said rules, all that the plaintiff has to do is to fill up a form, and attach all his documentary evidence and the affidavits of witnesses.

The proceeding will be very expeditious.

 

For your guidance, here's a link on the Rules on Small Claims:

 

http://jlp-law.com/blog/rule-of-procedure-...7-sc-full-text/

Edited August 28, 2009 by swami

[swami]

Hmm. The Supreme Court has recently promulgated the Rules on Small Claims, governing money claims not exceeding 100k.

I think this is your best option: to file a claim with the small claims court.

 

Before the adoption of the said rules, litigants who have money claims not exceeding 100k are discouraged to file cases because of the exorbitant fees that lawyers charge, considering that their money claim is not that much. Accordingly, the SC promulgated the rules on small claims. The apperance of lawyers in small claims cases is not allowed.

 

Under the said rules, all that the plaintiff has to do is to fill up a form, and attach all his documentary evidence and the affidavits of witnesses.

The proceeding will be very expeditious.

 

For your guidance, here's a link on the Rules on Small Claims:

 

http://jlp-law.com/blog/rule-of-procedure-...7-sc-full-text/

 

Also, it appears that the proceeding in small claims will be more expeditious than the procedure governing BP 22 cases. I handled BP 22 cases which took years to finish. So i suggest you try the small claims court.

[moneymaking63]

Also, it appears that the proceeding in small claims will be more expeditious than the procedure governing BP 22 cases. I handled BP 22 cases which took years to finish. So i suggest you try the small claims court.

 

 

 

Sounds good.Will try it out and let you know what happens.

If the decision is in my favor and the guy thinks nothing of it and still does not pay,what happens then? Just a thought.

Thanks Thanks

[swami]

Sounds good.Will try it out and let you know what happens.

If the decision is in my favor and the guy thinks nothing of it and still does not pay,what happens then? Just a thought.

Thanks Thanks

 

The court will issue a writ of execution to enforce payment, i.e., the sheriff will go to his place and may seize his personal properties and sell them at a public auction, the proceeds of which shall be applied to satisfy the judgment. His bank accounts may also be garnished to satisfy the amount.

 

madali na lang yan tol pag may decision na.