legal Free Legal Advice

[jazon7099]

Masters please help...

 

I have a couple of shops inside some of Quezon City's large malls. Then one afternoon in Trinoma I got a visit from a representative of the Signboard permit section of QC City Hall. He was looking for my signboard permit. Naturally, I didn't have one. I did however noticed a "signboard fee" on my Mayor's Permit and presented him with that. He said that wasn't what he was asking for. So he wrote us a notice, he didn't check any of the violations listed but placed "failure to show permit" on the remarks section of the notice. I checked most of the PDs and the Ordinances listed on the Notice but none really made mention that I needed one most just pertained to obstruction. I may have missed something here. Do I really need a separate signboard permit if my store is inside a mall?

 

 

ask nyo po ung mall. for sure they know the regulations

[ko5he4]

pwede na ang sarili mong testimonya. ito ay magiging usapin kung sino ang mas kapani-paniwala sa inyomg dalawa.

 

hindi OK na isetup mo siya at irerecord mo. ito ay violation ng Anti-Wiretapping Law (Republic Act 4200). kalalabasan niyan, imbes na ikaw ang may kaso, ikaw pa ang pwedeng kasuhan.

 

lalabas na hindi valid evidence yan laban sa kanya, pero magiging ebidensya ito na nilabag mo ang Anti-Wiretapping Law.

 

ganun ba sir buti na lang hindi pa ako nakakabili ng spy gadget... bale sa testimonya na lang amg labanan. salamat sa payo

[munchkins and donuts]

Noble Lawyers of MTC,

 

I am in contract as Department Head and part-time college professor until April 12, 2011. It's almost April and I can't wait to go back to Manila. My relationship with my boss has turned sour and the remaining days will be hell. I can't stand the heat so I'm getting out of the kitchen. What liabilities do I have if I cut my days short with an urgent resignation?

[cydney_maldita]

heres the scenario my parents were married during the early 1980's my mom was only 15 back then...

 

right now they are separated....got this friend who actually told my mom that her marriage with my father is VOID??

 

pa clear lang? pano yung right ng mga anak? and aside from that way back then may parent's consent naman? illegal ba tlaga ang kasal nila? o need pa ng annulment para lang makapag pakasal na ulit ang isa sa kanila...

 

enlighten me plss..thanks

[monazario]

Nahulihan ng 1 stick marijuana, 17 yo, nasa dswd ngayon. Ano gagawin para maka laya?

[Kazekage.Gaara]

Saers,

 

I badly need your help.

 

I just received my final pay from the company, and they asked me to sign the quitclaim to get the money... However I have several concerns about it...

 

 

1. I didn't voluntarily resign. I was asked to leave the company because we didn't have a floating status. They even asked me to sign a document that I was to be out of the company 1/13/2011, but when I got the final pay, that document was not included in the papers, not even a copy of my clearance form was included.

 

2. Is it rightful to demand for a separation pay? I never resigned, so I should get it, right?

 

3. If they say that the cause of my separation from the company was "performance" issues, is it considered illegal termination if they didn't even serve me any corrective actions or memos as per the company policy?

[ConsistentlyInconsistent]

Dear Sirs,

 

I have a year old daughter with my ex. My daughter is under my name and my ex is not registered as the father on her birth certificate. However, he admits that the child is his. He has not given any financial support for her by far. Do I have the right to demand for support since she is still his daughter? I am willing to undergo DNA testing provided that if the child turn out to be his, he should shoulder all the expenses plus moral damages. My financial intention is really high since he has taken away so much from me, financially, emotionally, physically and spiritually. I also intend to make him remember that he has a daughter since his reasoning is that I can take care of our child since we are no longer together. Please help.

 

Distraught Mother.

[rocco69]

Do I have the right to demand for support since she is still his daughter?

 

Yes.

 

Dear Sirs,

 

I have a year old daughter with my ex. My daughter is under my name and my ex is not registered as the father on her birth certificate. However, he admits that the child is his. He has not given any financial support for her by far. Do I have the right to demand for support since she is still his daughter? I am willing to undergo DNA testing provided that if the child turn out to be his, he should shoulder all the expenses plus moral damages. My financial intention is really high since he has taken away so much from me, financially, emotionally, physically and spiritually. I also intend to make him remember that he has a daughter since his reasoning is that I can take care of our child since we are no longer together. Please help.

 

Distraught Mother.

[rocco69]

Kausapin ang DSWD kung ano ang gagawin para makalaya ang bata. Isipin mo rin, tama ba na basta na lang palalayain ang bata. Nahulihan ng marijuana, maaaring trip-trip lang nung bata, pero maaari din namang may problema yan (o di-kaya'y ang pamilya). Mas makabubuti sa bata kung pag-aralan nyo muna kung bakit may marijuana siyang dala-dala, at paano masisiguro na di na siya gagawa ulit nito. May mga trained professionals sa DSWD na nakakaalam nito, kaya talagang tama lang na sumangguni kayo sa DSWD.

 

 

 

Nahulihan ng 1 stick marijuana, 17 yo, nasa dswd ngayon. Ano gagawin para maka laya?

[rocco69]

1. I didn't voluntarily resign.

 

Depende sa wordings ng Quit-Claim. From your narration, lumalabas na wala kang ginawang resignation letter.

 

Kung di ka naman contractual or project employee, or di pa nag-eexpire yung contract mo, without a resignation, lumalabas na na-terminate ka.

 

However, if the Quitclaim makes it appear that you voluntarily relinquished your position, parang nag-resign ka. Kung ganun ang wordings niya, at dahil pumirma ka, you RELUCTANTLY resigned. Whether reluctant or not, it will still be considered a RESIGNATION.

 

On the other hand, even if the wordings do not say that you resigned, dahil Quitclaim ito, parang ni-relinquish mo na rin ang anumang karapatan mo sa pwesto mo.

 

 

2. Is it rightful to demand for a separation pay? I never resigned, so I should get it, right?

 

Quitclaim nga eh. That means, you gave up all your rights to whatever amounts are still owed you, and you admit that your final pay constitutes full payment of all your claims (to include whatever right you had to separation pay).

 

However, you do have the option of contesting your termination. You can go to the NLRC (sa PPSTA Bldg. Banawe, near cor. Quezon Ave) and file a complaint saying that you were illegally terminated (siyempre, sasabihin ng kabila na nag-resign ka, exhibiting your Quitclaim as proof). Depende na kung sino ang paniniwalaan ng Labor Arbiter.

 

 

3. If they say that the cause of my separation from the company was "performance" issues, is it considered illegal termination if they didn't even serve me any corrective actions or memos as per the company policy?

 

Yes, it would be considered illegal dismissal if they say that you were terminated because of "performance issues" without any proof of such issues. Kaya lang, dahil may pinirmahan kang Quitclaim, kung ako ang management, di ko sasabihin na performance issues, paninigasan ko na na you resigned (ano pa ang gamit nung Quitclaim, although without a resignation letter, medyo mahirap yung ganun).

 

 

 

Saers,

 

I badly need your help.

 

I just received my final pay from the company, and they asked me to sign the quitclaim to get the money... However I have several concerns about it...

 

 

1. I didn't voluntarily resign. I was asked to leave the company because we didn't have a floating status. They even asked me to sign a document that I was to be out of the company 1/13/2011, but when I got the final pay, that document was not included in the papers, not even a copy of my clearance form was included.

 

2. Is it rightful to demand for a separation pay? I never resigned, so I should get it, right?

 

3. If they say that the cause of my separation from the company was "performance" issues, is it considered illegal termination if they didn't even serve me any corrective actions or memos as per the company policy?

[rocco69]

Unang-una, this should not be in a separate thread, but should have been posted in the "Annulment 101" thread (paging the Admin.)

 

Anyway, here goes.

 

1. illegal ba tlaga ang kasal nila?

 

Hindi ko alam kung anong ground ang pinagbabasehan nung friend mo na nagsabi sa Mom mo na VOID ang kasal niya.

Dahil kung sa EDAD din lang, nung early 1980's Civil Code ang umiiral. Sa ilalim ng Civil Code, ang minimum na edad para sa pagpakasal ay 16 para sa lalaki at 14 PARA SA BABAE. basta ba may pahintulot ang magulang.

 

Sa madaling salita, kahit 15 ANYOS lang ang nanay mo nun, maari siyang magpakasal kung may pahintulot ang magulang niya sa kanyang pagpapakasal (at sinabi mo nga na merong consent), at mabisa ang kasal niya.

 

 

2. need pa [ba] ng annulment para lang makapag pakasal na ulit ang isa sa kanila?

 

Yes. As stated earlier, the age of your mother is not a defect at all, kaya kasal pa rin sila sa isa't-isa, ergo, di sila pwedeng magpakasal sa iba.

 

kailangan nilang maghanap ng ibang ground para mapawalang-bisa ang kasal nila (kung gusto nilang magpakasal sa iba), probably "psychological incapacity" of either or both of them.

 

heres the scenario my parents were married during the early 1980's my mom was only 15 back then...

 

right now they are separated....got this friend who actually told my mom that her marriage with my father is VOID??

 

pa clear lang? pano yung right ng mga anak? and aside from that way back then may parent's consent naman? illegal ba tlaga ang kasal nila? o need pa ng annulment para lang makapag pakasal na ulit ang isa sa kanila...

 

enlighten me plss..thanks

[moed]

Answered already.

Edited April 3, 2011 by moed

[fordvipe]

Good day !!! ASk k lng ung mga expert sa law kung meron tayong batas na pag nagmerge ang isang company ay maproprotektahan ung mga regular employees nila???? Isa p ala bng pwede ikaso dun sa maling kalakaran ng company n habang tumatagal k lumiliit income d naman bankrupt??? :angry2:

[Kazekage.Gaara]

1. I didn't voluntarily resign.

 

Depende sa wordings ng Quit-Claim. From your narration, lumalabas na wala kang ginawang resignation letter.

 

Kung di ka naman contractual or project employee, or di pa nag-eexpire yung contract mo, without a resignation, lumalabas na na-terminate ka.

 

However, if the Quitclaim makes it appear that you voluntarily relinquished your position, parang nag-resign ka. Kung ganun ang wordings niya, at dahil pumirma ka, you RELUCTANTLY resigned. Whether reluctant or not, it will still be considered a RESIGNATION.

 

On the other hand, even if the wordings do not say that you resigned, dahil Quitclaim ito, parang ni-relinquish mo na rin ang anumang karapatan mo sa pwesto mo.

 

 

2. Is it rightful to demand for a separation pay? I never resigned, so I should get it, right?

 

Quitclaim nga eh. That means, you gave up all your rights to whatever amounts are still owed you, and you admit that your final pay constitutes full payment of all your claims (to include whatever right you had to separation pay).

 

However, you do have the option of contesting your termination. You can go to the NLRC (sa PPSTA Bldg. Banawe, near cor. Quezon Ave) and file a complaint saying that you were illegally terminated (siyempre, sasabihin ng kabila na nag-resign ka, exhibiting your Quitclaim as proof). Depende na kung sino ang paniniwalaan ng Labor Arbiter.

 

 

3. If they say that the cause of my separation from the company was "performance" issues, is it considered illegal termination if they didn't even serve me any corrective actions or memos as per the company policy?

 

Yes, it would be considered illegal dismissal if they say that you were terminated because of "performance issues" without any proof of such issues. Kaya lang, dahil may pinirmahan kang Quitclaim, kung ako ang management, di ko sasabihin na performance issues, paninigasan ko na na you resigned (ano pa ang gamit nung Quitclaim, although without a resignation letter, medyo mahirap yung ganun).

 

Salamat kapatid na rocco69...

 

With this in mind, I am now headed to file a case.

[Roubaix]

Good day !!! ASk k lng ung mga expert sa law kung meron tayong batas na pag nagmerge ang isang company ay maproprotektahan ung mga regular employees nila???? Isa p ala bng pwede ikaso dun sa maling kalakaran ng company n habang tumatagal k lumiliit income d naman bankrupt??? :angry2:

 

Merger of companies will results in layoffs. One of the authorized causes for laying off is redundancy. But there is a DOLE process to follow and there will be severance pay.

 

About reduction of salaries, is touchy. But normally allowed by the law if the requirements are met. It is not outright illegal to reduce salaries if there is justification.