legal Free Legal Advice

[fatchubs]

Regarding "entering of a plea" by the accused/defendant in court. I know the defendant may either opt to enter a plea of either guilty or not guilty or chose not to enter one in which the court automatically enters a not guilty plea.

 

Now why would a defendant refuse to enter a plea? Is there any implication on the "punishment"/sentence to be given by the judge if say you refuse to enter a plea of not guilty and later on found guilty vs pleading not guilty in the first place? What about if one pleads guilty? Will he get a lighter sentence?

 

 

[Pinoymale]

Regarding "entering of a plea" by the accused/defendant in court. I know the defendant may either opt to enter a plea of either guilty or not guilty or chose not to enter one in which the court automatically enters a not guilty plea.

 

Now why would a defendant refuse to enter a plea? Is there any implication on the "punishment"/sentence to be given by the judge if say you refuse to enter a plea of not guilty and later on found guilty vs pleading not guilty in the first place? What about if one pleads guilty? Will he get a lighter sentence?

 

I don't the reasons why an accused will voluntarily refuse to enter a plea but pleading guilty (before the prosecution presents its evidence) is a mitigating circumstance. That in itself is one reason for entering a guilty plea.

[jopok]

Wala naman ata bawal sa pag-open ng 4 accounts basta lahat nasa pangalan ng union. Normally, 1 account lang ang binubuksan.

 

thanks pinoy,,my last question is,,pag naglabas ba nang yearly audited financial statement ang union,,does it supposed to reflect lahat ng funds na pumasok/given to the union?or yun lang mga nakolekta bilang uniuon dues ang dapat liquidated?the thing is our union was given a total of 700k by the management as educational assistance(as part of CBA),but the said amount is not reflected in the audited financial statement released by the union..thanks nang marami,sana maipaliwanag ng husto po....

[Pinoymale]

thanks pinoy,,my last question is,,pag naglabas ba nang yearly audited financial statement ang union,,does it supposed to reflect lahat ng funds na pumasok/given to the union?or yun lang mga nakolekta bilang uniuon dues ang dapat liquidated?the thing is our union was given a total of 700k by the management as educational assistance(as part of CBA),but the said amount is not reflected in the audited financial statement released by the union..thanks nang marami,sana maipaliwanag ng husto po....

 

I'm not too familiar with financial statements but I've read the ones for my company and they are always very detailed. I think that financial statements should reflect all money that goes in and how it is used. Even if it's not reflected, union members should have the right to inquire how their union uses the money. You'll have more success if you take actions as a group rather than individually ... there is strength in numbers.

[Atayney]

thanks pinoy,,my last question is,,pag naglabas ba nang yearly audited financial statement ang union,,does it supposed to reflect lahat ng funds na pumasok/given to the union?or yun lang mga nakolekta bilang uniuon dues ang dapat liquidated?the thing is our union was given a total of 700k by the management as educational assistance(as part of CBA),but the said amount is not reflected in the audited financial statement released by the union..thanks nang marami,sana maipaliwanag ng husto po....

 

Dapat lahat ng financial transactions ireflect sa audited financial statements....ang tanong ko is sino ba ang nag-audit ng financial statement? Internal auditor ba o external auditor....kasi dapat nakita yan ng auditor na may pumasok na pera for educational assistance at dapat na-account o na-liquidate ito. Dapat din ito ireflect sa financial statements, kung hindi ito nareflect, dapat nag-issue siya ng qualified opinion sa financial statements nyo

[rocco69]

In the Philippines?

 

Will never happen... walang alam at di tech savvy ang mga airport police na yan ha ha ha

 

Would like to post a legal ?

 

If nasa airport ka, tas merung search among your effects, nakita ang laptop mo, puede ba nila sabihin na " open your laptop"? if me makita ba dun na illegal, valid ba ung search? la lang...... tnx

[Pinoymale]

Me ask ako :

 

If ur in the airport and there was a search of your effects including your laptop, can they request you to open it and check its contents? if me makita cila na illegal, what would happen? tnx

 

I think it would still be legal and reasonable for airport security to require you to boot up your laptop just to confirm that it's a real laptop but if they try to access your files then that's going too far and is already an invasion of your privacy. You can always claim that there are sensitive and confidential files in your laptop.

[antahimik]

good day,

 

sa company namin pinpirma kmi ng CBA pero hindi pinakita o sinabi kung ano ang laman. after a few months, ni redundant kaming mga worker at inilipat ng agency. (1mo salary * no. of yrs in service ) + 1 month salary ang ibinayad sa amin.

 

tama po ba n hindi kami pina sweldo during the first month from separation from the company dahil bayad na daw po iyon(from the separation pay)?

isang cut off namin w/ overtime, ok byad nman. next cut off po ay hindi n binayaran overtime namin.

 

ano po pwedeng aksyon gawin?

ano po yung mga mali ng companya?

 

salamat at pasensya s mahabang sulat

[jopok]

to atayney and pinoymale,,thanks for the reply,,the finacial statement was issued by out treasurer and notarized sya,,yunnga lang yun na kasi ang practise since i dont know when...kaya nga i trying to dig deeper dito..sad to say ung iba ay ipinapasa diyos na lang...ang point ko kasi,,kung mali,, dapat baguhin at di dapat kinukusinti,,but i am not thinking of running for office sa union,,just want to be a thinking ang resposible member.

[jopok]

Dapat lahat ng financial transactions ireflect sa audited financial statements....ang tanong ko is sino ba ang nag-audit ng financial statement? Internal auditor ba o external auditor....kasi dapat nakita yan ng auditor na may pumasok na pera for educational assistance at dapat na-account o na-liquidate ito. Dapat din ito ireflect sa financial statements, kung hindi ito nareflect, dapat nag-issue siya ng qualified opinion sa financial statements nyo

the auditor is internal(union official din, so collusion is a possibility)i have ask an officer of the union,ang sabi nya,un daw 700k na nakuha ng union na ang words sa CBA handbook ay for union/labor educational assistance,labor day assistance at union office..ay hindi part ng union funds na dapat isama sa yearly audited financial statement..can you give a reference on the definition of union fund sa law books,,kasi sa aming cons and by laws,wala definition para dito..and another thing,,can the members of the union ask for an audit of the union funds either from the labor or a private individual/entity? even if in our bylaws there is no provision for a government or external audit? if possible yun govt or external audit,what is the requisite? kasi ang paniniwala ng mga union official,hindi sila sakop ng DOLE or any govt agency,that they are only under KMU and affiliated or mother organization..and yung bylaws ng union is over and above the labor code and all its content..

[moridins79]

Me ask ako :

 

If ur in the airport and there was a search of your effects including your laptop, can they request you to open it and check its contents? if me makita cila na illegal, what would happen? tnx

 

an off the cuff reply:

 

kung domestic airport, medyo malabo idefend yung search nila, if ever. kailangan nila ng search warrant dito.

 

kung international, they'll have to establish that there was probable cause to search.

 

of course, iba kung voluntarily mong ipakita though.

[keyholder]

Nagbukas kami ng siomai franchise last year pero sa isang commercial bldg sa loob ng village, hinde sa mall. Kumuha kami ng barangay permit, DTI registration, mayor's/business permit, at BIR registration. Di na kami pinakuha ng FDA permit.

 

Thanks ng marami, sir Pinoy. I'll try it out and hope mag-boom ng positive cashflow. Thanks.

[launchpad]

sino dito pwede makatulong sa pagkuha ng ntc permit - national telecommunications commission

 

give me a pm urgent thanks

[moridins79]

sino dito pwede makatulong sa pagkuha ng ntc permit - national telecommunications commission

 

give me a pm urgent thanks

 

for what? telco? tv signal increase?

[keyholder]

What for? Magse-setup ka ng radio station mo?