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Butsoy

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Should there be an additional pay rate working on sundays?

 

Thanks

 

depende sa day off mo.... if your day off is sunday and you are asked to work on a sunday, you are entitled to a rest day overtime pay.

kung sa industry mo is normal ang sunday and hindi mo day-off, usually regular pay lang yan.

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  • 2 weeks later...

1. Does he has the right to get inheritance? as far as i can recall, he's not legally adopted.

 

If he has not been legally adopted (no Court Decision granting adoption), he has no right to any inheritance.

 

 

2. a) Does i have the right to collect from him parts or portions of the utility bills that i have been paying?

 

If he has been using the utilities, it is only fair that he pay his just share.

 

 

B) if he resist to do payment, can i cut off services from him?

 

yes, but you have to first give him a chance to pay by informing him that he needs to pay, and that if he doesn't pay, you will cut-off the service (a written demand is best, pinaka-maganda, kausapin mo muna, pag di kayo nagkasundo, ipa-barangay mo yung issue para may ebidensya ng demand mo)

 

 

c) what grounds will be my basis for collecting his dues.

 

His use of the facilities. Wala namang libre ngayon.

 

 

3. my brother who owns the house residence that we live in wanted to expel this adopted brother of ours

 

Because he is not legally a sibling, your brother, being the owner, can expel him from the house. In fact, even if he is a sibling, the owner can expel him from the house. The owner can refuse entry and use of his house from anyone.

Thank you for the insights, now i know how can i handle the situation. Thank so much. By the way if it is okay to ask, are you a lawyer, we might need one someday... Cheers!

Edited by Tantarado
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Can I use my house as a collateral when applying to a business loan? I'm still paying this house thru pag-ibig (Housing Loan).

 

Pwede naman yan kasi nasa nagpapautang yan kung papayag silang maging 2nd mortgagee lang. Tanungin mo yung uutangan mo kung OK sa kanila yun (pag bangko, malabong pumayag, sa palagay ko lang)

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Can I use my house as a collateral when applying to a business loan? I'm still paying this house thru pag-ibig (Housing Loan).

 

Pwede naman yan kasi nasa nagpapautang yan kung papayag silang maging 2nd mortgagee lang. Tanungin mo yung uutangan mo kung OK sa kanila yun (pag bangko, malabong pumayag, sa palagay ko lang)

 

usually hindi ina allow, lalo kung annotated sa title yung first mortgage. bad business sa bangko o lending companies

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Good Day,

Ask ko lng if meron bang law for noisy neighborhood? Actually it's a school and at the same time born again church na din. But it turned out na wala clang sound proofing and sobrang ingay pag nag woworship na cla. Additionally, School in a residential area, possible ba clang i sue? I already bought it up to the barangay pero they didn't did any action kc malakas ung school sa barangay due to medical missions. Thanks

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Good Day,

 

Ask ko lng if meron bang law for noisy neighborhood? Actually it's a school and at the same time born again church na din. But it turned out na wala clang sound proofing and sobrang ingay pag nag woworship na cla. Additionally, School in a residential area, possible ba clang i sue? I already bought it up to the barangay pero they didn't did any action kc malakas ung school sa barangay due to medical missions. Thanks

Ang alam ko Alarm and Scandal yan e.

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  • 2 weeks later...

Good Day,

 

Ask ko lng if meron bang law for noisy neighborhood? Actually it's a school and at the same time born again church na din. But it turned out na wala clang sound proofing and sobrang ingay pag nag woworship na cla. Additionally, School in a residential area, possible ba clang i sue? I already bought it up to the barangay pero they didn't did any action kc malakas ung school sa barangay due to medical missions. Thanks

THIS MIGHT BE A CASE OF A NUISANCE,YOU CAN HAVE IT ABATED.. THOUGH MAHIRAP PATUNAYAN DAHIL SKWELA YUN EH Edited by chups10
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  • 2 weeks later...

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!!

 

 

My dad is a board member of the homeowners association in qc. I recall before ang sabi niya saken that in terms of starting an apartment business eh dapat yung tidnan muna natin ay yung blueprint plans nila. Any modificaitons done to a house should be approved by QC Hall. Like lets say converting a house into an apartment by adding additional rooms, etc. Madali lang gawin yan sa City Hall. I used to frequent QC Hall dahil inuutos ako ng dad ko to do background checks of homes within our premise na bigla nalang may nadagdagan na mga rooms sa labas and others. Once verified sa city hall na wala modification or updated blueprints ang nasabing bahay then pupuntahan agad sila ng mga inspector. Then pwede mo na din ipahabol yan sa BIR. My advice don't threaten them muna with the BIR baka kasi may insider sila dun. It's better na mag file ka na sa city hall at sa BIR area office nyo. You have nothing to lose and everything to gain by doing that.

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Question: a HS friend of mine is planning to file a civil suit against his former friend over a verbal agreement that wasn't met. Does a civil agreement have to be a written agreement? Or maski verbal lang pwede na?

WITHOUT LEGALESE

THE LAW SAYS THAT A CONTRACT IS VALID IN WHATEVER FORM,EXCEPT IF THE LAW REQUIRES A FORM FOR THE CONTRACT TO BE VALID. SINCE HINDI MO MINENTION WHAT CONTRACT IT IS,MEDYO NOT SURE AKO SA ISAGOT IF NEED NYA NA DAPAT ISULAT. PERO UNLESS THE LAW WOULD REQUIRE A FORM (MEANING NAKASULAT SA PAPEL) FOR THAT KIND OF CONTRACT,ORAL CONTRACTS ARE VALID CONTRACTS

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Parang sa jollibee yan. Pag bumibili ka, di na kayo magpipirmahan nung store manager di ba? Oral yun by nature. Di naman kayo nagkapirmahan para sabihin na walang kontratang naganap. ang pinaka pruweba mo na lang na may naganap na transaksyon ay yung resibo.

 

Pero pag usapin sa lupa, the law requires that it be in written form.

Edited by oliverjohnholmes
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Need a Lawyer's advice.

 

Regarding employment contracts..is it actually valid if may signature ko and hindi pa ito pinapanotarize by the company. Tipong hindi pa notarized currently at nung isang taon pa ko pumirma.

They have non-compete agreements and I'm wondering if its a reneging of the contract on my part.

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Need a Lawyer's advice.

 

Regarding employment contracts..is it actually valid if may signature ko and hindi pa ito pinapanotarize by the company. Tipong hindi pa notarized currently at nung isang taon pa ko pumirma.

They have non-compete agreements and I'm wondering if its a reneging of the contract on my part.

ACTUALLY, YANG NON COMPETE NA YAN,BAGONG OCCURENCE SA PINAS.. PINAUSO NG MGA HR PRACTITIONERS.. BACK AT LAW SCHOOL, THIS WAS ONCE DISCUSSED BY OUR PROF.. HE HAS AN ARTICLE.. THIS IS THE LINK BELOW...

http://www.cprsbarreview.com/bar-reviewers/non-compete-agreements-and-involuntary-servitude-a-case-of-cause-and-effect-by-atty-manuel-a-quiambaobar-reviewer-in-labor-law.html

TO ANS UR QUESTION,KHT D NOTARYADO VALID YAN..PERO PAG PINANOTARYO NILA NG WALA KA NA,PWEDE KA MAGDEMANDA,DAHIL HINDI NASUNOD NOTARIAL RULES.. ANG IDEDEMANDA NMN SAYO NG COMPANY IS A CIVIL CASE,BREACH OF CONTRACT..WALA NMN KULONG,PERA LANG ANG USAPAN,PLUS IINSIST NILA NA DIKA MAGTRABAHO SA COMPETITOR NILA WITHIN THE LIFE OF THE NON COMPETE.. HOPE THIS HELPS

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