legal Free Legal Advice

[JoshII]

Section 32 (B )(6)(B ) of the Tax Code, as amended. explain ko sa yo pag nagkita tayo ulet.

 

Baka naman pwede mo ng i-post dito yung tax code

[JoshII]

Mga boss,

 

Pag may civil case ka ba? Meron ka ba marka na derogatory record pag kumuha ka ng NBI clearance?

[butoy0715]

Unfortunately, cases are not always won on merits alone. There are other factors that come into play and not all are legal. At any rate, if you are not happy with your lawyer you are always free to hire another lawyer to handle your case. You may personally check the court records to find out the reasons for the postponement. I know from personal experience that hearings may be postponed for several reasons: absent judge, lack of time, absent opposing counsel, etc. Btw, who is the judge handling your case?

 

Si judge Marilyn Madamba-Luang po ang may hawak ng case. sir how po ang filing fee ng civil case? because our lawyer suggest that we will file civil case but we have no idea how much it would cost.

[swami]

remember that your are just a private prosecutor, under the direct control and supervision of the PUBLIC prosecutor. ergo, if the public prosecutor wants it downgraded, you are in no position to oppose in the RTC.

 

but go ahead with the appeal. kung maging favorable naman yan sayo, they can still amend the information again.

 

Panero, I beg to differ. As private prosecutor, I protect the civil aspect of the case. The civil liability arising from murder will be much more (read: more money for private complainant) than that of homicide. Ergo, should the act of the judge diminish in any manner the civil liability that may be recovered from the accused, private complainant may rightfully impugn such arbitrary act.

 

that's just my opinion, panero.

Edited June 18, 2010 by swami

[Pinoymale]

Si judge Marilyn Madamba-Luang po ang may hawak ng case. sir how po ang filing fee ng civil case? because our lawyer suggest that we will file civil case but we have no idea how much it would cost.

 

Atty. Marilyn Madamba-Luang is not a judge, she's the head of the Las Pinas Office of City Prosecutors. If I understand it correctly, the case is not yet at the court level, it is still with the fiscal's office for preliminary investigation. Filing fees for civil cases are computed based on your prayers and the amount of damages you are asking for. Once you decide on how much you will be asking for, you may inquire with the RTC or MeTC OCC (Hall of Justice Bldg) about the filing fees. What criminal charge/s did you file with the fiscal's office?

[jopoc]

Panero, I beg to differ. As private prosecutor, I protect the civil aspect of the case. The civil liability arising from murder will be much more (read: more money for private complainant) than that of homicide. Ergo, should the act of the judge diminish in any manner the civil liability that may be recovered from the accused, private complainant may rightfully impugn such arbitrary act.

 

that's just my opinion, panero.

 

 

here is my opinion, if you are going for the civil aspect, then file a separate civil action, in that way, you are not under the direct control and supervision of the public prosec. so if the public prosec says that the criminal case should be for homicide, and not murder, and you do not agree to that on the basis that you will get more in a murder case, then file a separate civil action, there you can ask anything you want.

 

my take here is that anything that refers to the criminal aspect (like the information to be filed) is under the control of the public prosecutor. as private prosecutor, you are bound by it. if you dont agree with the fiscal, like i said, go ahead with the appeal. if the DOJ sec later orders the public prosec to amend the information to murder, then the fiscal is obliged to follow.

[bonito99]

Baka naman pwede mo ng i-post dito yung tax code

 

 

 

 

Google is your friend.

 

Mga boss,

 

Pag may civil case ka ba? Meron ka ba marka na derogatory record pag kumuha ka ng NBI clearance?

 

Wala.

[cydney_maldita]

heres the scenario:

A-----husband

B------wife

C------first daughter

D---inlaws

 

 

A and B got separated kasi palagi nanbabae si A, they got a final decision na hiwalay na since si A may family na while si B na involved na din sa ibang lalaki...

yung bahay na tinitirahan ni B and C, ay pag aari ng family ni A since buhay pa yung matanda nde pa nahahati yung mga ari arian....

may right ba yung D na palayasin si C or B sa bahay na tinitirahan nila??(since hindi pa ito titulado dahil buhay pa yung lola ni C)or what if makisama na si B sa ibang lalaki pwede bang mag stay si C sa bahay na yun? or technically si A ang dapat magpalayas kay C since sya yung anak ng may ari....(legitimate daughter si C and legitimate wife si

[swami]

here is my opinion, if you are going for the civil aspect, then file a separate civil action, in that way, you are not under the direct control and supervision of the public prosec. so if the public prosec says that the criminal case should be for homicide, and not murder, and you do not agree to that on the basis that you will get more in a murder case, then file a separate civil action, there you can ask anything you want.

 

my take here is that anything that refers to the criminal aspect (like the information to be filed) is under the control of the public prosecutor. as private prosecutor, you are bound by it. if you dont agree with the fiscal, like i said, go ahead with the appeal. if the DOJ sec later orders the public prosec to amend the information to murder, then the fiscal is obliged to follow.

 

 

we are after revenge, not money. we're just using the civil liability as pre-text to justify our insistence that the charge should be murder, not homicide, as what is always done in practice. Filing a separate civil action is dangerous (e.g., the accused may connive with the fiscal, and cause the dismissal of the criminal information, with enormous ramification to the civil complaint)

[guest1979]

Good day sir/madame,

 

hope someone from this thread could help me with my problem with regards to my previous employer. the effectivity of my resignation was last april 16, 2010, but to date I have not received my compensation and terminal pay. before i left the company I am cleared of my duties and responsibilities as an accounting clerk. I have been connected with that company for 4 years and 7 months.

 

Lately, my previous officemate informed me that they have already prepared my terminal pay, (salary, over time pay and vacation leave credits converted to cash) but no 13th month pay. they said that I am not entitled for even if pro rated.

 

My question is

1. Do the company i am previously connected is obliged to pay me for the non payment on time of my salary and other benefits?

2. Am I not entitled for the pro-rated 13th month?

 

thanks for answering.

[spud]

is there a legal way to protect yourself from "stalkers?" in the US, they have those restraining orders, right? do we have those here in our country, too?

[rocco69]

Yes, RA9262 provides for these kind of protection orders. note however that these can be applied for only by women and children

 

is there a legal way to protect yourself from "stalkers?" in the US, they have those restraining orders, right? do we have those here in our country, too?

[rocco69]

1. may right ba yung D na palayasin si C or B sa bahay na tinitirahan nila??

 

YES. Bilang may-ari, may karapatan si D na piliin kung sino ang titira (o hindi dapat tumira) sa lupa niya.

 

2. what if makisama na si B sa ibang lalaki pwede bang mag stay si C sa bahay na yun?

 

Dahil YES ang sagot sa Question Number 1, naturalmente, pwede ring palayasin si C sa bahay na yan.

 

Note that if C is still a minor, she is entitled to support from her father A, to include her needs for shelter, but this cannot be used to justify staying in the house since the house does not belong to A.

 

 

heres the scenario:

A-----husband

B------wife

C------first daughter

D---inlaws

 

 

A and B got separated kasi palagi nanbabae si A, they got a final decision na hiwalay na since si A may family na while si B na involved na din sa ibang lalaki...

yung bahay na tinitirahan ni B and C, ay pag aari ng family ni A since buhay pa yung matanda nde pa nahahati yung mga ari arian....

may right ba yung D na palayasin si C or B sa bahay na tinitirahan nila??(since hindi pa ito titulado dahil buhay pa yung lola ni C)or what if makisama na si B sa ibang lalaki pwede bang mag stay si C sa bahay na yun? or technically si A ang dapat magpalayas kay C since sya yung anak ng may ari....(legitimate daughter si C and legitimate wife si

[rocco69]

. Do [sic] the company i am previously connected is [sic] obliged to pay me for the non payment on time of my salary and other benefits?

 

You'd have to first prove that there was a delay, i.e., your monetary claims had already been processed but they intentionally refused to pay it on time, not that they were still processing the paperwork with regards to your claim. Note that only about two months have elapsed since your resignation, which cannot be said to be an unreasonable length of time to process your money claims. In other words, pwedeng may liability kung mapapatunayan mo na may delay on their part, pero mahihirapan ka to prove this. In my opinion, it's not worth the hassle. Just get your money and paint the town red!

 

2. Am I not entitled for the pro-rated 13th month?

 

YES. Clause 6 of the Revised Guidelines on 13th Month Pay provides:

 

 

6. 13th Month Pay of Resigned or Separated Employee.

An employee who has resigned or whose services were terminated at any time before the time for payment of the 13th month pay is entitled to this monetary benefit in proportion to the length of time he worked during the year, reckoned from the time he started working during the calendar year up to the time of his resignation or termination from the service. Thus, if he worked only from January up to September his proportionate 13th month pay should be equivalent of 1/12 his total basic salary he earned during that period.

 

The payment of the 13th month pay may be demanded by the employee upon the cessation of employer-employee relationship. This is consistent with the principle of equity that as the employer can require the employee to clear himself of all liabilities and property accountability, so can the employee demand the payment of all benefits due him upon the termination of the relationship.

 

 

Good day sir/madame,

 

hope someone from this thread could help me with my problem with regards to my previous employer. the effectivity of my resignation was last april 16, 2010, but to date I have not received my compensation and terminal pay. before i left the company I am cleared of my duties and responsibilities as an accounting clerk. I have been connected with that company for 4 years and 7 months.

 

Lately, my previous officemate informed me that they have already prepared my terminal pay, (salary, over time pay and vacation leave credits converted to cash) but no 13th month pay. they said that I am not entitled for even if pro rated.

 

My question is

1. Do the company i am previously connected is obliged to pay me for the non payment on time of my salary and other benefits?

2. Am I not entitled for the pro-rated 13th month?

 

thanks for answering.

[cydney_maldita]

1. may right ba yung D na palayasin si C or B sa bahay na tinitirahan nila??

 

YES. Bilang may-ari, may karapatan si D na piliin kung sino ang titira (o hindi dapat tumira) sa lupa niya.

 

2. what if makisama na si B sa ibang lalaki pwede bang mag stay si C sa bahay na yun?

 

Dahil YES ang sagot sa Question Number 1, naturalmente, pwede ring palayasin si C sa bahay na yan.

 

Note that if C is still a minor, she is entitled to support from her father A, to include her needs for shelter, but this cannot be used to justify staying in the house since the house does not belong to A.

 

yung D po mga aunts lang ni C and ayaw naman nung Lola(the real owner ng lot) ni C na umalis sila ng bahay the prob is wala ng kapasidad yung matanda para pigilan ang mga anak nya dahil matanda na...