legal Free Legal Advice

[duneteaser]

I need advice po. Pwede po ba mag claim ang Mama ko sa Pag-ibig death claim ng namatay kong Papa kung nakalagay sa CENOMAR / Certificate of No Marriage may lumabas na twice nagpakasal ang papa ko at pangalawa kaming pamilya nya dahil kasal sya sa unang asawa pero naghiwalay sila kasi may third party namagitan sa kanila?

 

At kwento pa sakin, na hiwalay na sila ng 5 years ng una niyang asawa bago pinakasalan ng papa ko ang mama ko. Dahil daw sa may iba ng kinakasama ang dating asawa ng papa ko at may anak na rin sa iba kaya nakapag decide na pakasalan ang mama ko.

 

Ngayon dalawa kami ng kapatid kung bunga ng pagmamahalan nila and my father died last year kaya naman inaasikaso ng mama ko ang mga naiwan na properties and ang mga death benefits niya. Sa Pag-Ibig lang siya hiningan ng CENOMAR kaya ito lang ang nagkaproblema ang mama ko. Please help what to do.

[Google]

I need advice po. Pwede po ba mag claim ang Mama ko sa Pag-ibig death claim ng namatay kong Papa kung nakalagay sa CENOMAR / Certificate of No Marriage may lumabas na twice nagpakasal ang papa ko at pangalawa kaming pamilya nya dahil kasal sya sa unang asawa pero naghiwalay sila kasi may third party namagitan sa kanila?

 

At kwento pa sakin, na hiwalay na sila ng 5 years ng una niyang asawa bago pinakasalan ng papa ko ang mama ko. Dahil daw sa may iba ng kinakasama ang dating asawa ng papa ko at may anak na rin sa iba kaya nakapag decide na pakasalan ang mama ko.

 

Ngayon dalawa kami ng kapatid kung bunga ng pagmamahalan nila and my father died last year kaya naman inaasikaso ng mama ko ang mga naiwan na properties and ang mga death benefits niya. Sa Pag-Ibig lang siya hiningan ng CENOMAR kaya ito lang ang nagkaproblema ang mama ko. Please help what to do.

 

nangyari sa amin ito eh...... hindi kami naka claim dahil hindi yung pangalan ni ermats ang nakalagay as beneficiary ni erpats.

what pagibig told us is to do a publication for a month, tapos balikan daw sila.

so we just let it go.

 

 

pati sa SSS ganun din nangyari sa amin.

[Google]

Good day to all counsels.

 

May question po ako regarding my clearance sa dating trabaho ko po.

 

I tendered my immediate resignation last may 16, 2014. And my boss and her boss approved my resignation. After 2 months, wala pa po akong clearance at sabi nila sakin, may mga accountabilities pa daw ako. Yung sinasabi nila is an issue almost a year ago and my ibang tao na po na nag assume ng position na yun. Hangang ngayon wala pa silang ginagawa kasi daw ngayon pa lang sila gumagawa ng mga list ng kelangan kong ayusin.

 

Tama po ba sila na i hold yung clearance ko at may ipagawa pa sakin kahit na hindi na ako connected sa company at wala na akon resources para ma resolve yung issue nila.

 

Thank you very much at sana matulungan nyo po ako.

 

approval of resignation and clearances are two different items.

can you ask HR for your clearance route sheet? kung walang nakalagay dun na may accountabilities ka pa, then they dont have the right to hold your clearance and last pay.

pag pinagpilitan nila, but malinis ang clearance, consult mo ang DOLE.

[STeamulator]

yes

 

 

atty. how can I defend myself if and when the case is filed in court...is saying P.I. enough grounds to prosper in court even though it would come out as a he said-she said accusation?

[rocco69]

it becomes a matter of credibility, if it becomes a he said-she said situation. Kung sino ang mas kapani-paniwala will prevail (in a civil case). Kung criminal case, mas mahirap para sa accuser pag ganun kasi "proof beyond reasonable doubt" ang kailangan. Just present your evidence (and witnesses kung meron) if ever it gets to court.

 

atty. how can I defend myself if and when the case is filed in court...is saying P.I. enough grounds to prosper in court even though it would come out as a he said-she said accusation?

[fr0st06]

Hello Sir/Maam, ask ko po sana kung ano habol ko sa situation ko. meron kasing taong may utang sakin na almost 190,000 pesos. ngayon po wala na sya sa bahay na nire-rent nya na tinirahan nila ng more than 10yrs pati anak nya kasama nya. sabi sabi nasa probinsya na raw nagtago. unattended na mga cellphone number nya pati nga po facebook nila deactivated na rin. yung utang po nya inutang ko rin halos lahat yun. pwede ko po ba ito idemanda kaso di ko alam kung nasaan sya? thanks po.

[bonito99]

Hello Sir/Maam, ask ko po sana kung ano habol ko sa situation ko. meron kasing taong may utang sakin na almost 190,000 pesos. ngayon po wala na sya sa bahay na nire-rent nya na tinirahan nila ng more than 10yrs pati anak nya kasama nya. sabi sabi nasa probinsya na raw nagtago. unattended na mga cellphone number nya pati nga po facebook nila deactivated na rin. yung utang po nya inutang ko rin halos lahat yun. pwede ko po ba ito idemanda kaso di ko alam kung nasaan sya? thanks po.

 

 

No.

 

Get more evidence. Proof of cash loan too.

[dj_flip03]

Good evening,

Last Thursday while in an ops meeting, I was insulted/embarrassed by my manager. Because of what he said, I retaliated to him by saying: "You say that to me again, and I'm gonna file a case vs you...". At pagkatapos nun binawian nya ako ng: "Let's see... you're on PIP (performance improvement plan), right? You'll be out by September!

I have never been insulted/degraded/embarrassed by a direct supervisor in my whole entire career in the BPO industry (12 years!!!). To think that I am undergoing an improvement plan under him. How the hell am I gonna be "motivated" in passing such, when your boss would seem to be just there not to help out and instead speed up the process of kicking me out.

 

What's the best way to deal with this? I have witnesses (a lot) during the said "clash", including our BHR. Ovbiously, I dont think I can ever work properly, at ayokong palampasin to...

 

Thanks in advance!!!!

[bonito99]

Admin complaint with your company thru HR.

 

it's a grievance machinery procedure.

[Google]

Good evening,

Last Thursday while in an ops meeting, I was insulted/embarrassed by my manager. Because of what he said, I retaliated to him by saying: "You say that to me again, and I'm gonna file a case vs you...". At pagkatapos nun binawian nya ako ng: "Let's see... you're on PIP (performance improvement plan), right? You'll be out by September!

I have never been insulted/degraded/embarrassed by a direct supervisor in my whole entire career in the BPO industry (12 years!!!). To think that I am undergoing an improvement plan under him. How the hell am I gonna be "motivated" in passing such, when your boss would seem to be just there not to help out and instead speed up the process of kicking me out.

 

What's the best way to deal with this? I have witnesses (a lot) during the said "clash", including our BHR. Ovbiously, I dont think I can ever work properly, at ayokong palampasin to...

 

Thanks in advance!!!!

 

you are on PIP, and its under him.

definitely hindi ka mananalo dahil may grounds sya to terminate your employment because of your performance.

if you can afford it, i think its better to resign.

 

imho.....

 

di ka mananalo sa manager, specially if there are performance grounds against you.

ngayon if you want to stay on, you have to really show performance improvements na documented..... pag tatangalin ka nung manager, show the documents to his superior and to HR.

Edited September 22, 2014 by Google

[oliverjohnholmes]

I am writing for an on behalf of a friend...

 

her story starts by falling in love with a married filipino man who resides overseas. the man said he has divorced his wife in Canada, but they had their marriage solemnized in the Phils... they are both Filipinos but are having their citizenship changed...

 

now, my friend bore the man's child... he has denied paternity over the child repeatedly... he was sued by his ex wife for RA 9262, which was dismissed at the prosecutorial level...

 

the man comes to the Phils once a year... stays three weeks and returns overseas... the ex plans to sue my friend and the man should he acknowledge the child...

 

so the question is... what possible cases can be filed against my friend? secondly, does concubinage apply here?

 

can my friend file a suit against the ex wife? how best can she protect herself?

 

will await your learned opinions...

 

 

thanks.

[rocco69]

where is your friend living? Phils or abroad?

 

where did she have sex with the man? Phils or abroad?

 

where did she give birth to the child? Phils or abroad?

 

where is the child now? Phils or abroad?

 

where is the ex-wife living? Phils or abroad?

 

 

I am writing for an on behalf of a friend...

 

her story starts by falling in love with a married filipino man who resides overseas. the man said he has divorced his wife in Canada, but they had their marriage solemnized in the Phils... they are both Filipinos but are having their citizenship changed...

 

now, my friend bore the man's child... he has denied paternity over the child repeatedly... he was sued by his ex wife for RA 9262, which was dismissed at the prosecutorial level...

 

the man comes to the Phils once a year... stays three weeks and returns overseas... the ex plans to sue my friend and the man should he acknowledge the child...

 

so the question is... what possible cases can be filed against my friend? secondly, does concubinage apply here?

 

can my friend file a suit against the ex wife? how best can she protect herself?

 

will await your learned opinions...

 

 

thanks.

Edited September 24, 2014 by rocco69

[oliverjohnholmes]

Dear Sir:

 

Please find my responses below in bold.

 

Thanks very much.

 

OJH

where is your friend living? Phils or abroad?

 

where did she have sex with the man? Phils or abroad? here in the Phils. She lives in a condo that the man gives money for.

 

where did she give birth to the child? Phils or abroad? here in the Phils.

 

where is the child now? Phils or abroad? here in the Phils.

 

where is the ex-wife living? Phils or abroad? domiciled abroad but already tried to file a RA9262 case against her ex husband.

 

 

 

[rocco69]

1. what possible cases can be filed against my friend?

 

all kinds of cases can be filed against your friend. it just depends on the creativity of the complainant. E.g. she can file a case of attempted murder against your friend; or grave threats; or theft. As I said, it depends on the complainant.

 

The question though, would be, will any of these cases prosper? Which is doubtful if she has no evidence to support her claims. But, as I said, if she wants to harass your friend, she can file any kind of case she wants (and maybe, fabricate evidence to support her allegations)

 

 

2. secondly, does concubinage apply here?

 

Concubinage is committed by any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place (Article 334 of the Revised Penal Code or RPC).

 

From the looks of it, a charge of concubinage will not prosper against your friend.

 

 

3. can my friend file a suit against the ex wife?

 

what has she done to your friend? from your narrative, the wife has done nothing. The cases the wife filed was against the husband, not your friend, so I don't think your friend has a cause of action against the wife (NOTE: Since they are still Filipinos, the divorce is ineffective, and you cannot call her the EX-WIFE. She remains THE WIFE).

 

Ngunit, subalit, datapwat... to paraphrase Answer #1: all kinds of cases can be filed by your friend against the wife. it just depends on her creativity. E.g. she can file a case of attempted murder against the wife; or grave threats; or theft. As I said, it depends on the complainant.

 

The question though, would be, will any of these cases prosper? Which is doubtful if she has no evidence to support her claims. But, as I said, if she wants to harass the wife, your friend can file any kind of case she wants (and maybe, fabricate evidence to support her allegations)

 

 

4. how best can she protect herself? get the man to change his citizenship ASAP. If he becomes a foreigner, the divorce becomes effective as to the husband. If that happens, the wife would really become the EX-WIFE and would have no claim against the man on the basis of their marriage.

 

I am writing for an on behalf of a friend...

 

her story starts by falling in love with a married filipino man who resides overseas. the man said he has divorced his wife in Canada, but they had their marriage solemnized in the Phils... they are both Filipinos but are having their citizenship changed...

 

now, my friend bore the man's child... he has denied paternity over the child repeatedly... he was sued by his ex wife for RA 9262, which was dismissed at the prosecutorial level...

 

the man comes to the Phils once a year... stays three weeks and returns overseas... the ex plans to sue my friend and the man should he acknowledge the child...

 

so the question is... what possible cases can be filed against my friend? secondly, does concubinage apply here?

 

can my friend file a suit against the ex wife? how best can she protect herself?

 

will await your learned opinions...

 

 

thanks.

[oliverjohnholmes]

my thanks sir!