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[wildswans]

Good day Sir. I have a question regarding Extra Judicial Settlement. If I were to get a Certificate of Deposit from a Bank for BIR regarding my deceased father's SSS savings account, is it normal that the certificate is sealed even if I have the passbook of my father and they also let me signed as receive what I think is the same document inside the envelope? Why does it need to be sealed? Thank you for any info.

[capt KK]

Question on labor law.

 

our gm is questioning my evaluation for promotion.

 

Ive been in the company for almost 8 years. I work in a field that requires physical work, recently I noticed a pain in my back which leads me to do a medical checkup. Results shows that I acquired a medical condition due to " improper way of lifting " making my back hurts. The doctor says if I continue my work doing the same thing my medical condition will get worst. So..

 

I requested a lateral transfer to a different department at work that does not require physical work. An office work. I submitted the medical result together with the request for transfer. Request Approved.

 

Now im due for promotion and the GM says I cant be promoted because of my medical condition saying that im not fit to work.

 

Should I complain at DOLE first? What move should I do?

pls advise.

 

Pm me for reply.

 

Thanks

Edited November 30, 2014 by kantooot_kita

[rocco69]

the Bank Secrecy Law [RA1405]?

 

Good day Sir. I have a question regarding Extra Judicial Settlement. If I were to get a Certificate of Deposit from a Bank for BIR regarding my deceased father's SSS savings account, is it normal that the certificate is sealed even if I have the passbook of my father and they also let me signed as receive what I think is the same document inside the envelope? Why does it need to be sealed? Thank you for any info.

[Google]

Question on labor law.

 

our gm is questioning my evaluation for promotion.

 

Ive been in the company for almost 8 years. I work in a field that requires physical work, recently I noticed a pain in my back which leads me to do a medical checkup. Results shows that I acquired a medical condition due to " improper way of lifting " making my back hurts. The doctor says if I continue my work doing the same thing my medical condition will get worst. So..

 

I requested a lateral transfer to a different department at work that does not require physical work. An office work. I submitted the medical result together with the request for transfer. Request Approved.

 

Now im due for promotion and the GM says I cant be promoted because of my medical condition saying that im not fit to work.

 

Should I complain at DOLE first? What move should I do?

pls advise.

 

Pm me for reply.

 

Thanks

 

i am not a labor lawyer, but there should not be a hindrance to your promotion if you are to be promoted to your position wherein no carrying or lifting is done. after all you have been transfered, not terminated because of the acquired illness.

[capt KK]

Copy thanks.

[tantricmaster]

Hi,

 

May I ask what is the danger in having sex with a minor?

 

If you have sex with her in a motel, is that ok?

 

If you get an escort that is a minor, and wait for her in your hotel room, does that make it safe?

 

thanks

[rocco69]

1. what is the danger in having sex with a minor?

 

The danger is that it is ILLEGAL!

 

Republic Act 7610, Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

 

The penalty of reclusion temporal in its medium period to reclusion perpetua [14 years, 8 months and 1 day to LIFE] shall be imposed upon the following:

 

xxx xxx xxx

 

( b ) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse;

 

 

2. If you have sex with her in a motel, is that ok?

 

The law does not differentiate where you have sexual intercourse with the minor.

 

 

3. If you get an escort that is a minor, and wait for her in your hotel room, does that make it safe?

 

Republic Act 7610, Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

 

There is also an attempt to commit child prostitution, under paragraph ( b ) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed [2 years, 4 months and 1 day to 8 years] upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.

Edited December 2, 2014 by rocco69

[tantricmaster]

Thank you very much Sir Rocco for making it very clear.

 

My friend is 18 kasi, and shes referring me to her friends who are in need. Young single moms. the problem is they are only 17.

Sayang, I couldnt do anything about it

[capt KK]

Good day.

 

I have a friend na born in the USA, she's 18 yo and shes living in the Philippines for many years na. She's asking what to do to make her a citizen here so she work. She's practically " overstaying/illegal alien".

[cheper]

Hello MTC Lawyers,

 

Im in dire need of your expertise..

Currently, im renting an apartment for more than 5 years now, and ever since they dont issue an OR for our payments. In short, di po sila nagbabayad sa BIR ng tax pertaining to the business that they have ( 4 unit apartments ). my family had been in a very difficult situation right now where in we cant pay the monthly rent religiously, sometimes we asked for an extension ( seek loans from relatives ) just to pay the rent. The owner of this apartment lives in the US, she has a caretaker that manage the apartment ( sort of ) or does the singil. Now it comes to a point, na masyado na kami pinapahiya ng care taker when she tries to collect the rent of the apartment that even my 7yo daughter naapektuhan na to the point na minsan umiiyak ang anak namin just thinking pa papalayasin kami sa bahay. We are given until the end of december to vacate the apartment, which we need to comply. My questions are :

a. We still have outstanding balance-do we need to settle it before we can vacate the apartment? or can i just issue a promissory note for that? Do they have the right to with hold any of our things, or appliances as a collateral to the balance that we have?

b. If we're going to Barangay can I tell the Barangay that they dont have any business permit or barangay permit to operate the business? Can they forcefully collect the balance since given they dont have any legal premise ( no business permit - meaning illegal business, as what i understand it ).

 

Thank you so much Lawyers!!

[Google]

Good day.

 

I have a friend na born in the USA, she's 18 yo and shes living in the Philippines for many years na. She's asking what to do to make her a citizen here so she work. She's practically " overstaying/illegal alien".

 

whats her Philippine visa? dapat tama ang visa depende sa ginagawa nya dito para legal. (e.g. students, working, tourist, residents).

[Google]

Hello MTC Lawyers,

 

Im in dire need of your expertise..

Currently, im renting an apartment for more than 5 years now, and ever since they dont issue an OR for our payments. In short, di po sila nagbabayad sa BIR ng tax pertaining to the business that they have ( 4 unit apartments ). my family had been in a very difficult situation right now where in we cant pay the monthly rent religiously, sometimes we asked for an extension ( seek loans from relatives ) just to pay the rent. The owner of this apartment lives in the US, she has a caretaker that manage the apartment ( sort of ) or does the singil. Now it comes to a point, na masyado na kami pinapahiya ng care taker when she tries to collect the rent of the apartment that even my 7yo daughter naapektuhan na to the point na minsan umiiyak ang anak namin just thinking pa papalayasin kami sa bahay. We are given until the end of december to vacate the apartment, which we need to comply. My questions are :

a. We still have outstanding balance-do we need to settle it before we can vacate the apartment? or can i just issue a promissory note for that? Do they have the right to with hold any of our things, or appliances as a collateral to the balance that we have?

b. If we're going to Barangay can I tell the Barangay that they dont have any business permit or barangay permit to operate the business? Can they forcefully collect the balance since given they dont have any legal premise ( no business permit - meaning illegal business, as what i understand it ).

 

Thank you so much Lawyers!!

 

pero may lease contract kayo diba? normally for lease contracts, yung outstanding balance will have to be paid first bago kayo makaalis otherwise the landlord has the option of not letting you go or get some of your appliances para makabawi.

 

the no-business permit issue is his problem and is not related to your non-payment of monthly lease.

[cheper]

Thank u so much atty google..actually our lease contract will end til april but because of the situation that we have they wanting us to vacate this december.would it be grounds as well for us not to be forced to vacate.paunti unti kasi binabayaran namin ang backlog namin apart frm the monthly rent namin..tia

[Google]

Thank u so much atty google..actually our lease contract will end til april but because of the situation that we have they wanting us to vacate this december.would it be grounds as well for us not to be forced to vacate.paunti unti kasi binabayaran namin ang backlog namin apart frm the monthly rent namin..tia

 

not an attorney dude.... i am an IT person.... hehehehe.

parang credit card yan... if you default on a certain number of months sa lease, it can be a ground to terminate the contract.... actually, nasa contract mo yan under grounds for termination of agreement.

kung paunti-unti nyong binabayaran, ilang bwan na ang backlog nyo? baka pwede mo pakiusapan yung landlord? baka kasi hindi ka naman ganung ka behind on payments eh.

[capt KK]

 

whats her Philippine visa? dapat tama ang visa depende sa ginagawa nya dito para legal. (e.g. students, working, tourist, residents).

she went here as a tourist. Dad nya is a US citizen her mom is pinay working there. She has no plan of going back in the us.