legal Free Legal Advice

[Giancarlo Judge]

Write a demand letter to the HR department, asking them to give you your last pay and commission, together with a computation. Attach a copy of your clearance. Copy furnish the president of the company. Keep your tone civil but point out that what they are doing is unreasonable and you would like an explanation why it hasn't been done yet. It's time to document everything just in case you have to file a complaint in DOLE.

 

Thank you very much. I will follow your advice.

[Arneeious]

Is there a way that legitimate children can protect their inheritance from any possible illegitimate children? If the parents sell their properties to one of the legitimate children, can the illegitimate child still go after the properties after the parents are dead? Thanks.

[rocco69]

if it's a "real" sale, then illegitimate children cannot go after the property sold (as the owner has the right to sell the property to whomsoever he wants).

 

However, if the "sale" is actually a "donation" made to appear as a sale (i.e. wala naman talagang ibinayad yung anak na pinagbentahan, kunwari lang na ibenenta), if it exceeds the portion that can be donated by the parent (assuming that there is a surviving spouse and children - the children get 1/2 of the entire estate, the surviving spouse gets the same share as that of each child, the illegitimate children are entitled to 1/2 the share of a legitimate child [but always limited to what remains after deducting the share of the legitimate children and the surviving spouse], the rest can be donated), then the illegitimate child can file an action to show that it is a simulated sale (he has to prove either that the buyer did not have capacity/means to buy, or that no consideration was actually paid by the supposed buyer) and then get back the portion which pertains to his share (1/2 the share of the legitimate child).

 

Examples:

 

T has two legitimate children, a surviving spouse, and one illegitimate child. His estate is worth P12Million.

 

T's legitimate children are entitled to 1/2 or P6Million, which they divide 50/50 or P3M each

The surviving spouse gets the same share as that of each child or P3M

The illegitimate child gets 1/2 the share of a legitimate child or P1.5M

 

The remaining 1.5M can be freely donated (Note that the entire P12Million can be sold by T because he is the owner, and anyway, the proceeds of the sale substitute the property sold).

 

If T fictitiously sells P3M of property to one of his legitimate children (thereby seemingly reducing his estate to only P9M), then the illegitimate child can go after this fictitious sale, have it set aside, in order to get his P1.5M share.

 

 

 

 

 

 

Is there a way that legitimate children can protect their inheritance from any possible illegitimate children? If the parents sell their properties to one of the legitimate children, can the illegitimate child still go after the properties after the parents are dead? Thanks.

[Arneeious]

If it's a donation made to appear as a sale, can the illegitimate child still go after the property regardless of how many years have passed between the sale and the death of the parents?

 

if it's a "real" sale, then illegitimate children cannot go after the property sold (as the owner has the right to sell the property to whomsoever he wants).

 

x x x

 

 

If T fictitiously sells P3M of property to one of his legitimate children (thereby seemingly reducing his estate to only P9M), then the illegitimate child can go after this fictitious sale, have it set aside, in order to get his P1.5M share.

[ricardo23]

If you mean liability under BP22 or estafa, no.

 

I mean for example: Ahente ka ng pako sa isang hardware tapos yung cutomer na bumili ng pako pumutok yung checke,

 

responsibility b ng ahente yun? , and yung customer na yun bumibili na sa hardware na yun, before pa nagwork yung ahente dun

 

sa hardware , kumbaga sya lang yung naghandle nung account na yun...

 

Thanks

Attorney

Edited July 24, 2010 by ricardo23

[rocco69]

Yes. All donations made during the lifetime of the parent are to be included in computing the estate of the parent after the parent dies. The problem would be in proving that the sale was actually a donation. Likewise, if many years have passed, the heirs might just forget that a sale (that was actually a donation) was made a long long time before.

 

quote name='Arneeious' date='24 July 2010 - 08:41 PM' timestamp='1279975304' post='7497468']

If it's a donation made to appear as a sale, can the illegitimate child still go after the property regardless of how many years have passed between the sale and the death of the parents?

[vicaner]

thank you bro rocco for the link in the LTO

[Dr_PepPeR]

I mean for example: Ahente ka ng pako sa isang hardware tapos yung cutomer na bumili ng pako pumutok yung checke,

 

responsibility b ng ahente yun? , and yung customer na yun bumibili na sa hardware na yun, before pa nagwork yung ahente dun

 

sa hardware , kumbaga sya lang yung naghandle nung account na yun...

 

Thanks

Attorney

 

Ordinarily, the agent has no responsibility for the unfunded check of the customer. Unless of course, he was specifically instructed not to accept check payments.

[Itto Ogami]

greetings, GM-master-lawyers.

would appreciate your opinion on the ff matter:

an unmarried couple has a child.

father acknowledges paternity so child is named after him.

couple separates.

mother wants child to be named after her instead.

is there a way to effect a change in surname without a court hearing?

what's the most cost-effective way of going about this?

(since mother is not really financially stable.)

tia!

[spikelao]

Sir Rocco!

 

Good day!

 

Follow up lang sir dun sa huli kong inquiry:

 

1. Ako ay walang ibang ari-arian maliban dun sa kotse. Wala rin akong mga lupa o pera sa bangko maliban dun sa inereremit sa akin ng kamag-anak ko mula sa ibang bansa na ito ay winiwidraw ko rin. Ano ang gagawin nila kung wala silang mabatak?

 

2. Kung sakaling lumabas ang default at isinauli ko ang sasakyan, pati ba yung attorney's fee at iba pang gastos nila ay babayaran ko pa?

 

3. Maaari bang parahin na lang ng mga pulis ang sasakyan ko kapag ito ay nakita nila at batakin?

 

Ito lamang po at maraming salamat.

[rocco69]

As of now, this situation is not covered by the implementing rules of RA9255. i cannot see how this can be done without going to court on a petition for declaratory relief (on the issue of whether a recognized illegitimate child using his father's surname can revert back to his mother's surname).

 

more, even if filed, i do not think this will prosper, as the use of the father's surname is more favorable to the child (his paternity is known and no stigma of illegitimacy attaches to him). likewise, the mother should not decide for the child what surname he will use. In other words, the choice of filing of change of surname should be left to the child when he reaches the age of majority.

 

greetings, GM-master-lawyers.

would appreciate your opinion on the ff matter:

an unmarried couple has a child.

father acknowledges paternity so child is named after him.

couple separates.

mother wants child to be named after her instead.

is there a way to effect a change in surname without a court hearing?

what's the most cost-effective way of going about this?

(since mother is not really financially stable.)

tia!

[rocco69]

1. Ako ay walang ibang ari-arian maliban dun sa kotse. Wala rin akong mga lupa o pera sa bangko maliban dun sa inereremit sa akin ng kamag-anak ko mula sa ibang bansa na ito ay winiwidraw ko rin. Ano ang gagawin nila kung wala silang mabatak?

 

Covered ang sitwasyon mo ng Art. 1484 ng Civil Code, pag niremata nila sasakyan mo, wala na silang mahahabol pa sa yo na iba. Kung hindi foreclosure ng sasakyan ang habol nila, magkakaproblema sila kasi wala ka ngang pambayad. Di ka naman pwedeng ikulong dahil walang kulong ang utang. Ang best option talaga ng financing company ay habulin ang sasakyan.

 

 

2. Kung sakaling lumabas ang default at isinauli ko ang sasakyan, pati ba yung attorney's fee at iba pang gastos nila ay babayaran ko pa?

 

kung hindi mo naman itinago ang sasakyan at isinuko mo agad ito, wala na silang mahahabol pa. pero kung itinago mo ang sasakyan o di kaya'y di mo ito isinauli agad at napilitan silang gumastos para mabawi ito, maaari nilang bawiin sa yo ang nagastos nila (attorney's fees and costs) para mabawi ang sasakyan [see Filipinas Investment v. Ridad, 30 SCRA 564]. pero, ikaw na rin ang nagsabi na wala ka namang ibang ari-arian. kahit pa may award ng attorney's fees and costs, hindi rin naman nila ito makokolekta sa yo.

 

 

3. Maaari bang parahin na lang ng mga pulis ang sasakyan ko kapag ito ay nakita nila at batakin?

 

kung may order na ang korte ng pagbabawi sa sasakyan, pwede na itong batakin ng sheriff at anytime. hindi pulis kundi sheriff ang babatak sa sasakyan mo (pero usually may kasamang pulis ang sheriff sa pagbatak sa sasakyan mo).

 

Sir Rocco!

 

Good day!

 

Follow up lang sir dun sa huli kong inquiry:

 

1. Ako ay walang ibang ari-arian maliban dun sa kotse. Wala rin akong mga lupa o pera sa bangko maliban dun sa inereremit sa akin ng kamag-anak ko mula sa ibang bansa na ito ay winiwidraw ko rin. Ano ang gagawin nila kung wala silang mabatak?

 

2. Kung sakaling lumabas ang default at isinauli ko ang sasakyan, pati ba yung attorney's fee at iba pang gastos nila ay babayaran ko pa?

 

3. Maaari bang parahin na lang ng mga pulis ang sasakyan ko kapag ito ay nakita nila at batakin?

 

Ito lamang po at maraming salamat.

[ricardo23]

Ordinarily, the agent has no responsibility for the unfunded check of the customer. Unless of course, he was specifically instructed not to accept check payments.

 

Thanks Attorney , really appreciate your response

[ricardo23]

Ordinarily, the agent has no responsibility for the unfunded check of the customer. Unless of course, he was specifically instructed not to accept check payments.

 

Thanks Attorney , really appreciated your response

[fauxhead]

I don't think a petition for declaratory relief is in order. In the first place, RA 9255 gives an acknowledged illegitimate child the right to use his father's surname which is already the case here. Deifinitely, reverting back to the mother's surname is not a situation contemplated under the statute.

 

The proper remedy is just to file a petition for change of name covered by Rule 103 of the Rules of Court. The mother can file the petition on the baby's behalf. Let the court decide then whether the grounds cited for the change of name are reasonable or not.

 

However, this does not really answer the question posed by the original poster.

 

There is no way to legally change the name of the baby without going to court.

 

 

As of now, this situation is not covered by the implementing rules of RA9255. i cannot see how this can be done without going to court on a petition for declaratory relief (on the issue of whether a recognized illegitimate child using his father's surname can revert back to his mother's surname).

 

more, even if filed, i do not think this will prosper, as the use of the father's surname is more favorable to the child (his paternity is known and no stigma of illegitimacy attaches to him). likewise, the mother should not decide for the child what surname he will use. In other words, the choice of filing of change of surname should be left to the child when he reaches the age of majority.