legal Free Legal Advice

[rocco69]

Sir rocco69, thank you very much for the detailed explanation. I have a follow up question regarding SPA but please forgive me if it will sound dumb since I don't know the procedure of getting an SPA. What if the wife pay some lawyer whom she knows some money to secure an SPA or tell the lawyer that her husband is in another country, would that work?

 

Thank you in advance.

If the buyer is a sucker, he might believe that the SPA is genuine, and so, buy the property. BUT THE SALE WILL NOT BE VALID because the SPA is invalid. The real owners can always contest the sale as a void sale.

[wildswans]

Good day. I have some questions regarding labor laws in our country.

 

1. If an individual is made to sign as an "Independent Service Provider" or Freelance and the agreement said that there's no employer-employee relationship, can a company demand the individual to work certain number of hours or days or should the individual be free to choose his/her specific hours/days of work? Also, is an "Independent Service Provider" entitled to government mandatory benefits like SSS and etc? If not, how about when the company is demanding certain hours/slots/days of work?

 

2. If a company has some unfair labor practices, can an individual relay it to DOLE thru email without having to file a formal complaint? So that DOLE can investigate the company as a whole and not just the individual complaint since it involves other people as well (but maybe they don't have the guts to file a complaint)?

 

Thank you in advance for any info.

[Google]

Good day. I have some questions regarding labor laws in our country.

 

1. If an individual is made to sign as an "Independent Service Provider" or Freelance and the agreement said that there's no employer-employee relationship, can a company demand the individual to work certain number of hours or days or should the individual be free to choose his/her specific hours/days of work? Also, is an "Independent Service Provider" entitled to government mandatory benefits like SSS and etc? If not, how about when the company is demanding certain hours/slots/days of work?

 

2. If a company has some unfair labor practices, can an individual relay it to DOLE thru email without having to file a formal complaint? So that DOLE can investigate the company as a whole and not just the individual complaint since it involves other people as well (but maybe they don't have the guts to file a complaint)?

 

Thank you in advance for any info.

 

1. An independent service provider is measured on results, therefore the individual can chose the days and the number of hours per day that he/she can work as long as the results are satisfactorily delivered. The ISP cannot be deducted with such mandatory benefits, but has the option to pay for these mandatory benefits by himself. It would depend on the agreement between the contracting party and the ISP. If the company is demanding certain hours/slots/days of work, it would depend on the agreement between the ISP and the contracting party. Kung ayaw ni ISP, alisan nya.

 

2. No, it should be properly documented. Dahil kakain ito ng oras ng mga tao ng DOLE. If they would allow such practice, inulan na sila ng email.

Edited February 17, 2016 by Google

[limits888]

1st of all sorry po alam ko legal thread to pero wala kasi ako makitang pde pagtanungan e..

e2 po tanong ko...

bakit po di ako makapost sa ibang topics??

TY po~

[filibustero]

1st of all sorry po alam ko legal thread to pero wala kasi ako makitang pde pagtanungan e..

e2 po tanong ko...

bakit po di ako makapost sa ibang topics??

TY po~

May minimun number of posts required. Dun sa thread ng Community Management may helpdesk na topic. Dun ka magtanong sa mga mods.

[limits888]

May minimun number of posts required. Dun sa thread ng Community Management may helpdesk na topic. Dun ka magtanong sa mga mods.

salamat boss!!!

[oakley_boy]

good day!

 

question lang po. bnili ko po ang wife ko ng chucks sa sm southmall last feb6. after 2 weeks, natanggal yung logo ng shoes sa likod and ngsisimula na agad matuklap yung white cover sa harap. ndi nmn grabe gumamit ang asawa ko. sa call ctr po kmi ngttrabaho kaya madalas nkaupo lng sya and tuwing weekends nya lng nasusuot yung sapatos ksi dressup kmi pg weekends. mapapalitan po kya yung spatos? if covered pa dpat sya ng warranty, ano po ang dapat nming gawing kung ndi palitan ng sm? TIA

[black cat]

good day!

question lang po. bnili ko po ang wife ko ng chucks sa sm southmall last feb6. after 2 weeks, natanggal yung logo ng shoes sa likod and ngsisimula na agad matuklap yung white cover sa harap. ndi nmn grabe gumamit ang asawa ko. sa call ctr po kmi ngttrabaho kaya madalas nkaupo lng sya and tuwing weekends nya lng nasusuot yung sapatos ksi dressup kmi pg weekends. mapapalitan po kya yung spatos? if covered pa dpat sya ng warranty, ano po ang dapat nming gawing kung ndi palitan ng sm? TIA

Sana dinala mo na kagad sa SM, wag mo na patagalin. Pero wala naman kasing warranty sa ganyan. How much mo ba nabili?

[hala beerah]

good day!

question lang po. bnili ko po ang wife ko ng chucks sa sm southmall last feb6. after 2 weeks, natanggal yung logo ng shoes sa likod and ngsisimula na agad matuklap yung white cover sa harap. ndi nmn grabe gumamit ang asawa ko. sa call ctr po kmi ngttrabaho kaya madalas nkaupo lng sya and tuwing weekends nya lng nasusuot yung sapatos ksi dressup kmi pg weekends. mapapalitan po kya yung spatos? if covered pa dpat sya ng warranty, ano po ang dapat nming gawing kung ndi palitan ng sm? TIA

 

Although stores practices the "no return, no exchange" policy, this does not preclude or excuse them from replacing the purchased item with the same thing or refund of money when the item or thing purchased has hidden defect. Based on the facts you stated, the shoe has a hidden defect which justifies its replacement or refund of money. Though there is no written warranty for the shoes, there is such a thing as "implied warranty" against hidden defects. Hence, you can claim for replacement or refund Based on warranty against hidden defect/s.

 

However, taking into consideration the period of time, they may deny your claim as there is no hard and fast rule regarding the period of time when a thing purchased should be returned. At any rate, I suggest that you still bring this back to SM, with your receipt, ASAP and request that the shoes be replaced because it has a defect. The defect is the fact na hindi naman itinatapak yung nasira so it is not based on wear and tear but simply, may depekto yung gawa ng sapatos.

 

Pag ayaw talaga nila at gusto mo papalitan, you can file a complaint with the nearest DTI. Medyo hassle nga lang kasi you have to attend hearing pa.

 

I hope this helps.

[Google]

medyo malabo yan, but you can try.

or as your second option, mighty bond lang katapat nyan.

 

it is quite hard to prove that you did not use it as laspagan, and it is hard to prove worksmanship defect.

[nwebe]

good day!

 

question lang po. bnili ko po ang wife ko ng chucks sa sm southmall last feb6. after 2 weeks, natanggal yung logo ng shoes sa likod and ngsisimula na agad matuklap yung white cover sa harap. ndi nmn grabe gumamit ang asawa ko. sa call ctr po kmi ngttrabaho kaya madalas nkaupo lng sya and tuwing weekends nya lng nasusuot yung sapatos ksi dressup kmi pg weekends. mapapalitan po kya yung spatos? if covered pa dpat sya ng warranty, ano po ang dapat nming gawing kung ndi palitan ng sm? TIA

 

Dalhin mo na a.s.a.p. sa outlet kung saan mo siya binili together with the receipt and shoe box. But approach and discuss this with the store clerk/sup/mgr in a mild manner. I believe the DTI prescribes a 30-day return period -- do not believe the "no-return-no-exchange policy". Take the names and positions of the outlet's person/people you talk to -- just in case na i-reject nila yung return mo, alam mo mga pangalan nila pag nireport mo sa DTI. Also, pagni-reject nila, eh di i-post mo sa FB yung nangyari sa iyo tapos i-tag mo si Converse Philippines.

[pat123]

I am being filed of sexual harassment

 

Facts

I never ask her directly to have sex

I flirted with her

She is married

incident happened july - aug

She reported this Jan only

we don't talk since dec due to work reason she and not because of the sexual harassment issue

She don't have text proof since she deleted all messages

We have chat, but nothing really proofs with the chat

She is inlove with me (she admitted this)

 

What's my defense? ang reason niya actually is not that i am sexually harrasing her ang issue niya is work issue that iniinsulto ko daw siya, na sinisigawan ko daw siya, but really it's not that it's more of arguement only. nadamay nalang un other actions.

 

is it sexual harassment if gusto rin ng girl?

 

any advise?

Edited March 1, 2016 by pat123

[true2urself]

Hi any lawyer here familiar with bitcoin?

 

 

For example i have a bank account under a fake name i'm gonna use it sana to transfer bitcoin

 

 

For example here is the case i have bitcoin in my coins.ph account then once i convert my bitcoins to cash i'm gonna withdraw it to my fake name bank account pag malalaki ba yon daily transaction ko sympre ma dedetect ako ng AMLAC, pag na detect ng AMLAC may habol ba sila sa akin? thanks for your input.

 

 

 

This is nothing illegal i'm just a trader of bitcoins na nag iingat lang sa AMLAC.

[Google]

I am being filed of sexual harassment

 

Facts

I never ask her directly to have sex

I flirted with her

She is married

incident happened july - aug

She reported this Jan only

we don't talk since dec due to work reason she and not because of the sexual harassment issue

She don't have text proof since she deleted all messages

We have chat, but nothing really proofs with the chat

She is inlove with me (she admitted this)

 

What's my defense? ang reason niya actually is not that i am sexually harrasing her ang issue niya is work issue that iniinsulto ko daw siya, na sinisigawan ko daw siya, but really it's not that it's more of arguement only. nadamay nalang un other actions.

 

is it sexual harassment if gusto rin ng girl?

 

any advise?

its like rape. its your word against hers, but everything should be backed up with proper evidences or witnesses (or witness statements)

kung wala nun, its as good as being dismissed.

Hi any lawyer here familiar with bitcoin?

 

 

For example i have a bank account under a fake name i'm gonna use it sana to transfer bitcoin

 

 

For example here is the case i have bitcoin in my coins.ph account then once i convert my bitcoins to cash i'm gonna withdraw it to my fake name bank account pag malalaki ba yon daily transaction ko sympre ma dedetect ako ng AMLAC, pag na detect ng AMLAC may habol ba sila sa akin? thanks for your input.

 

 

 

This is nothing illegal i'm just a trader of bitcoins na nag iingat lang sa AMLAC.

the bank can only report your account to amlac if it exceeds the transaction amount of 500k. if not, di papansinin ng bank yan.

ang magiging problem mo dyan is pano ka makakagawa ng bank account under a ficticious name..... they require two valid IDs, unless papagawa ka ng fake ID.

kung may fake ID ka naman, fake identity naman magiging problem mo specially when signing legal documents.

[true2urself]

its like rape. its your word against hers, but everything should be backed up with proper evidences or witnesses (or witness statements)

kung wala nun, its as good as being dismissed.

the bank can only report your account to amlac if it exceeds the transaction amount of 500k. if not, di papansinin ng bank yan.

ang magiging problem mo dyan is pano ka makakagawa ng bank account under a ficticious name..... they require two valid IDs, unless papagawa ka ng fake ID.

kung may fake ID ka naman, fake identity naman magiging problem mo specially when signing legal documents.

 

 

 

Ano pede maging kaso sa fake identity? mabigat ba yan?

 

 

Yn bank account gagamitin lang naman for withdrawal ng cash so wala naman mga legal documents na need sign except withdrawal slip lang so wala naman magiging problema right?

 

 

 

Btw si joseph estrada nakasuhan ba siya for using "jose velarde" alone? if yes anong kaso?

Edited March 8, 2016 by true2urself