legal Free Legal Advice

[powerpuffgirls]

Ask ko lang po, ang mga telecommunication companies po ba mayroong karapatan na ibenta ulit ang sim number mo na di nalolodan ng after 120 consecutive days (applies to prepaid and PLAN numbers) kasi po yung old number ko, meron na pong nag mamay ari, nalaman ko nalang po kasi tumawag yung friend ko sa old number ko na di ko gingamit, nagpakilala sya, eh ang siste nagmura daw yung owner ng number (kala nya ako daw iyun). Nagkita nga kami ng friend ko minsan at naikwento nya nga sa akin. Bale , i have three numbers in different networks. So, what i did i called sa hotline ng old number ko sabi nga ng CSR na nakausap ko na, ganuon daw ang patakaran nila, pag di daw nalodan in 120 consecutive yung prepaid sim number ng owner, this will be automatically deleted in their system , and from that time pwede na daw nilang gawing SIM CARD REASSIGNMENT (recycled number , or ibenta ulit, same din sa PLAN pag discontinued na yung service).Kako , di ba pwedeng mag SIM RETENTION , yung pwedeng ibalik yung old number ko, sabi nung csr na kausap ko, di na daw pwede ibalik kasi beyond na daw 12O days na di nalodan yung number, so automatic deactivation na iyon sa system nila. I even have asked if this LEGAL, sabi nung scr na nakausap ko, yes daw at pinapayagan daw sila ng NTC . Kasi po ako nababahala, meron po kasi akong friend overseas naka roaming sya, tapos di ko alam na na cut na po pala yung PLAN nya, since nakasave po yung number nya sakin, i texted her nangamusta, nalaman ko nalang di na pala nya ginagamit iyon nung nadalaw ako sa magulang nya. If di na nya nagagamit iyung number na iyon bakit po nag ri-ring pa, dapat wala deactivated na iyon.

Tanong ko lang po, talaga po bang meron karapatan ang mga telcos na ibenta nila ang di na nagagamit na sim numbers whether if prepaid or PLAN yung numbers,kasi ganito po kasi ang lakaran ng mga networks ngayon, since tumawag na ako sa hotline nila and confirmed nga tuloy-tuloy nga.Kung ito ay LEGAL nga pwede po bang malaman kung anong BATAS po yan na pinapayagan ang telcos ang ganitong gawain?

[markusbrutus]

Ask ko lang po, ang mga telecommunication companies po ba mayroong karapatan na ibenta ulit ang sim number mo na di nalolodan ng after 120 consecutive days (applies to prepaid and PLAN numbers) kasi po yung old number ko, meron na pong nag mamay ari, nalaman ko nalang po kasi tumawag yung friend ko sa old number ko na di ko gingamit, nagpakilala sya, eh ang siste nagmura daw yung owner ng number (kala nya ako daw iyun). Nagkita nga kami ng friend ko minsan at naikwento nya nga sa akin. Bale , i have three numbers in different networks. So, what i did i called sa hotline ng old number ko sabi nga ng CSR na nakausap ko na, ganuon daw ang patakaran nila, pag di daw nalodan in 120 consecutive yung prepaid sim number ng owner, this will be automatically deleted in their system , and from that time pwede na daw nilang gawing SIM CARD REASSIGNMENT (recycled number , or ibenta ulit, same din sa PLAN pag discontinued na yung service).Kako , di ba pwedeng mag SIM RETENTION , yung pwedeng ibalik yung old number ko, sabi nung csr na kausap ko, di na daw pwede ibalik kasi beyond na daw 12O days na di nalodan yung number, so automatic deactivation na iyon sa system nila. I even have asked if this LEGAL, sabi nung scr na nakausap ko, yes daw at pinapayagan daw sila ng NTC . Kasi po ako nababahala, meron po kasi akong friend overseas naka roaming sya, tapos di ko alam na na cut na po pala yung PLAN nya, since nakasave po yung number nya sakin, i texted her nangamusta, nalaman ko nalang di na pala nya ginagamit iyon nung nadalaw ako sa magulang nya. If di na nya nagagamit iyung number na iyon bakit po nag ri-ring pa, dapat wala deactivated na iyon.

Tanong ko lang po, talaga po bang meron karapatan ang mga telcos na ibenta nila ang di na nagagamit na sim numbers whether if prepaid or PLAN yung numbers,kasi ganito po kasi ang lakaran ng mga networks ngayon, since tumawag na ako sa hotline nila and confirmed nga tuloy-tuloy nga.Kung ito ay LEGAL nga pwede po bang malaman kung anong BATAS po yan na pinapayagan ang telcos ang ganitong gawain?

 

Hi PPG,

I am not a legal mind, but I did work or a telco before so kahit papaano may idea ako kaunti. As far as I know, mobile number recycling is allowed by the NTC. In fact, it's a known system kahit sa ibang bansa. Nung time ko, after di ka magload ng 1 month, you'll be warned, after another two months na wala pa rin, your number will be deactivated. Tapos after around 6 months since deactive na number mo, it will be processed for reactivation... it's ample time to inform people you're not using your number na right? That's around 9 months.

 

Di ko lang alam ngayon... mobile digit numbers are in-demand as dumadami ang mobile users, some has 3-4 numbers pa. Hence they may have shorten the recycling time.

 

Regards.

[jakewise]

TS, I would like to ask a legal opinion. If one was appointed as an Interim Manager last July 2012 and was given a memo last April 15, 2013 that his services will only be good until the end of the month of April 2013, does he have the same rights of a regular employee since he has served the company for more than 6 months? Can the individual ask for back wages on the ground of illegal termination?

[ProfilerX]

In a criminal case what are the justiable reasons for a probable cause to be dismiss.Fiscal palang dismiss na nya. Di na aabot ng korte???

[lamujer]

Hello guys. I posted this on my facebook:

"College of (name of college) ng (name of public university): mini-Napoles ba tayo diyan amputah. Hoy! Mga kasama diyan! Tama na kubra! p#tang$na naman eh! Turo lang nang turo! Puro yata pera eh! Kininginangsanamagangademit naman."

 

I am also a teacher in the university but I belong to a different college. I posted this while emotionaly intoxicated by confirmed reports that the said college "solicited" money from students but was implemented as mandatory payment. I am now being complained administratively (libel) by the dean of the college. My defense is that one of the four elements of libel is not present viz. identity of the person. The college has no juridical personality because it cannot act on its own or enter into contracts because it is made through the university, which has juridical personality.

Aside from, settling through begging for forgiveness, any legal advice?

Thank you.

[markusbrutus]

Hello guys. I posted this on my facebook:

"College of (name of college) ng (name of public university): mini-Napoles ba tayo diyan amputah. Hoy! Mga kasama diyan! Tama na kubra! p#tang$na naman eh! Turo lang nang turo! Puro yata pera eh! Kininginangsanamagangademit naman."

 

I am also a teacher in the university but I belong to a different college. I posted this while emotionaly intoxicated by confirmed reports that the said college "solicited" money from students but was implemented as mandatory payment. I am now being complained administratively (libel) by the dean of the college. My defense is that one of the four elements of libel is not present viz. identity of the person. The college has no juridical personality because it cannot act on its own or enter into contracts because it is made through the university, which has juridical personality.

Aside from, settling through begging for forgiveness, any legal advice?

Thank you.

 

Hello....

 

I am not a law student, but let me share this with you>>>

 

In the case of Corpus vs. Cuaderno, Sr. (16 SCRA 807) the Supreme Court ruled that “in order to maintain a libel suit, it is essential that the victim be identifiable (People vs. Monton, L-16772, November 30, 1962), although it is not necessary that he be named (19 A.L.R. 116).” In an earlier case, the high court also declared that” … defamatory matter which does not reveal the identity of the person upon whom the imputation is cast, affords no ground of action unless it be shown that the readers of the libel could have identified the personality of the individual defamed.” (Kunkle vs. Cablenews-American and Lyons 42 Phil. 760).

 

Meaning, kahit di siya napangalanan, you could still be charged kung makikilala ng tao ang pinapatungkulan ng post mo. And maybe, the dean charged you with libel, kasi it is his college that you have posted against... baka iniisip niya siya yung pinapatungkulan mo since the college is under his direct supervision. I don't know the background of what really happened, but if it was the dean who ordered such payments to be collected, people will link him to your post. Hence he is suing you for libel because of this.

 

Again, I am no expert but nonetheless I am offering my two cents. PAO is always for free so you could always ask them for legal advice.

 

Be well. Regards

[greenapples]

Mga Sir I hope you can enlighten me with this problem. Noong nakaraang bagyo kasi nilipad ung ilang yero namin. Napunta sya sa katabing bahay namin na under renovation parin so wala paring nakatira. Pinakuha sya ng ermats ko sa pinsan ko. Now kaninang hapon pumunta ung may ari nung property claiming na nawawala ung mga kumot nila, towels and dvd player and stereo. Basically sinasabi nila na kami ang kumuha. And ang proof nila for that at ang dinidiin nilang point is trespassing daw kasi kami. Sa barangay hall palang nila kami pinapapunta. Ang tanong ko po trespassing po ba un? Even with those circumstances. And could they file a case of theft just because dun sa trespassing na sinasabi nila? Lastly, what complaint could I file against them since they are accusing my mother of theft ng walang matibay na evidence? Maraming salamat! Hay buhay! 0_0

[Pinoymale]

Mga Sir I hope you can enlighten me with this problem. Noong nakaraang bagyo kasi nilipad ung ilang yero namin. Napunta sya sa katabing bahay namin na under renovation parin so wala paring nakatira. Pinakuha sya ng ermats ko sa pinsan ko. Now kaninang hapon pumunta ung may ari nung property claiming na nawawala ung mga kumot nila, towels and dvd player and stereo. Basically sinasabi nila na kami ang kumuha. And ang proof nila for that at ang dinidiin nilang point is trespassing daw kasi kami. Sa barangay hall palang nila kami pinapapunta. Ang tanong ko po trespassing po ba un? Even with those circumstances. And could they file a case of theft just because dun sa trespassing na sinasabi nila? Lastly, what complaint could I file against them since they are accusing my mother of theft ng walang matibay na evidence? Maraming salamat! Hay buhay! 0_0

 

It's possible that there is a case for trespassing since your cousin entered the property without consent or permission. As a defense, you can claim that retrieving the item was urgent because it would have caused further damage to the homeowner's property if not immediately removed. As to the claim of theft, it's not enough to claim the items are missing, the homeowner must prove that it was your cousin who stole them. If there are no witnesses, it would be very difficult to prove this. You can file a counter-claim for damages but, to be honest, this seldom prospers.

[greenapples]

It's possible that there is a case for trespassing since your cousin entered the property without consent or permission. As a defense, you can claim that retrieving the item was urgent because it would have caused further damage to the homeowner's property if not immediately removed. As to the claim of theft, it's not enough to claim the items are missing, the homeowner must prove that it was your cousin who stole them. If there are no witnesses, it would be very difficult to prove this. You can file a counter-claim for damages but, to be honest, this seldom prospers.

Maraming salamat Sir sa reply. I will keep this in mind for Tuesday. I really think gusto lang nila kaming pagkaperahan. Kaya I think on Tue I will just tell them na hindi ako makikipagsettle and na kung gusto nila magfile ng complaint, magfile nalang sila. Worst case they'll file for trespassing since walang matibay na ebidensya for theft. Pero hindi ko parin magets na trespassing yun. Kasi I asked a lawyer about it hindi daw un trespassing since wala namang nakatira dun lalo na't tinigil nga ung paggawa ng bahay. Basically dingding and ung some part may bubong tapos ung ibang part wala.

[orionpax]

If only you can file libel/defamation suit against a member of this board...hahaha. Ang dali nga naman magtago sa anonymous handles and alternicks

Edited October 29, 2013 by orionpax

[ChiliMac]

Question po.

 

A friend of mine and her companion was held up at knife point in the lobby of a building where her employer is a tenant. It happened at 5 in the morning and the men who held them up was also inside the lobby, there were no security personnel by the building present when it happened. Can they file a complaint for damages against the owner of the building for being negligent since their contracted security was not able to secure the premises? I have read cases regarding Torts particularly quasi-delicts but I have yet to find a similar case with the same facts, most of which are "vehicular accidents". Thanks in advance.

[yellowjacket]

Good day po.

 

hingi lang po advise. yun utol ko my kabit at dalawa anak. hiwalay sya sa asawa. nahuli sya sa bahay ng kabit nya ng ex-wife nya. eskandalo derecho. sa loob ng bahay nagsampalan dalawa ex-wife at kabit. nagbanta na ipakukulong sila dalawa ng ex-wife.

 

Question po:

1. ano pong kaso ang pwede harapin ng utol ko?

2. pwede po ba sya kasuhan ng ex-wife kung hiwalay na nga ba sila?

3. pwede ba sya kasuhan ng ex-wife kung may legal wife ang utol ko (sa first wife hiwalay na rin nasa abroad)

4. kasal din sila ng ex-wife dahil sabi ng ex-wife (sya nagprocess ng papers sa huwes para makasal sila) wala daw sya record ng kasal sa una asawa sa munisipyo (ayon sa ex-wife). sa maling sabi nagpakasal sila dahil single pala sya (ayon sa ex-wife) at may isang anak na rin sila. pwede ba mawalan ng karapatan ang ex-wife sa mga naipundar nya kung mapatunayan na valid pa rin pala ang unang kasal?

5. sa pag eskandalo sa kanya ng ex-wife in public pwede ba nya ireklamo ito at kasuhan din?

 

Thank you in advance mga sir!

[Marcog]

TS, I would like to ask a legal opinion. If one was appointed as an Interim Manager last July 2012 and was given a memo last April 15, 2013 that his services will only be good until the end of the month of April 2013, does he have the same rights of a regular employee since he has served the company for more than 6 months? Can the individual ask for back wages on the ground of illegal termination?

 

We cannot assume that this is an illegal termination because we do know the grounds of termination or his employment status. My advise is check first his employment status and contract. Next is identify the nature of the termination. With these, we can have a better guage if its illegal or not.

[azazel_six]

i'd like to get an idea on what to do with my legal issue. ive been working for about 8 years already and recently just found out that my SSS has a problem when i decided i'd like to take out a loan with them. even though my SSS has the proper deposits from all the companies that i've been in. but the problem is that they have my name wrong. and to make it worse, they have my sex as female. im a guy and they accidentally encoded my name wrong and got my gender wrong.

 

so i guess my question is what is the best way to approach this problem? what legal papers would i have to aquire?

[jakewise]

We cannot assume that this is an illegal termination because we do know the grounds of termination or his employment status. My advise is check first his employment status and contract. Next is identify the nature of the termination. With these, we can have a better guage if its illegal or not.

 

Sir Marcog,the grounds of termination is that he was not able to bring in the required quota of sales as an Interim Regional Manager from the time of the appointment which is July 2012 up to April 2013 despite his reasoning that he was only given a presentable office which had an office blessing only last April 12, 2013 and by Monday, April 15, 2013, he received an email that his services will only be until April 30, 2013 due to the above mentioned reason. Without a presentable office, he said that no one will invest as they might think that it is a scam, which is understandable but not to the upper management, hence, his termination.

 

With regard to his employment status, he only has the interim appointment as Regional Manager wherein one of the stipulations stated that he will be given a company car, and yet, he was never given one which I believe is breach of contract? Am I correct on this?