legal Free Legal Advice

[wildswans]

that is the problem. you cannot force someone to be a witness if he does not want to.

pero baka pwedeng gawaan ng paraan ng pulis. lumalabas kasi pag vital witness tapos ayaw nya mag witness eh pwede syang maging accessory.

Thank you very much po for the info. Sa ngayon hindi ko na alam kung ano magiging decision ng parents ng cousin ko. I just found out from my aunt that her husband hates this child so much that he really wanted him dead. According to the mother, her husband locks up all the household food in the house. He will only provide small portions during every meal especially to the one who got killed. Pero kung meron naman instant noodles na nginatngat ng daga the father will prepare it for the deceased. This made my cousin so angry that he decided to fight with his father while his brother also hates the father but chose to keep quite thus earning the love of the father. Sometimes the father would tell the mother that he wanted to use his car and ran it over his son. There was an instance where the father asked his male house helpers to beat up his son to death. He even told his helpers "may basbas kayo sa akin para patayin yan". But his son survived the beating. The mother wasn't able to do anything but when father and son had a fist fight, she would shield his husband from getting hit.

 

We usually hear negative things about the deceased because his parents kept telling everyone that their son is a rebel and doesn't want to study. But during the wake, the other uncle told us that the deceased loves to study and he was the one accompanying him to enrollment. But the problem was, the parents always pay in installment basis because they are not well to do and when an examination is coming up the father will not pay for the tuition so that their son would fail the subject and drop out. The mother even told this uncle, perhaps jokingly, that since they are getting along well with her son then maybe he should just adopt the boy.

 

The narration of the mother, my aunt, earned the ire of everyone in the wake especially my elder cousins who scolded her that he sacrificed his son's life for her useless husband. She should have taken her children and leave the husband years earlier. But the mother keeps giving everyone alibis and what not. The brother of the deceased didn't even ask for a leave from work to help with the funeral. The family even chose to go home every night leaving no one in the chapel.

 

Also, we felt confused, angry and betrayed because the mother was giving us conflicting stories about incident. She claimed it happened at 7am but later said it was 12 noon. She claimed that the guard isn't being helpful and cooperative but last night the brother of the deceased told us, without his parents knowledge, that the guard already told them who the suspect was. So before my cousin passed away, they already know. The mother even called us to ask for monetary help but it seems she doesn't need money because she was telling us that she needed P150K to retrieve the body from the police. It turns out that my dad and this mother's cousin was a well known cop before so we advice her to call their cousin for help but she didn't. Good thing her cousin took the initiative to call his comrades since he's retired already and the price was lowered to P35k.

 

Everyone were asking someone they know about the legal matters regarding the situation but we found out from the other uncle that the brother of the deceased wanted the settlement money. According to my uncle, the brother kept pestering him for the suspect's number because he want to settle right away for fear that if they file charges they might not get anything. Every relative was pissed as hell about the situation because they are after the money than justice plus they see this as an opportunity to make money instead of mourning and seeking revenge/justice. But my uncle held his ground and never gave the brother the number. The uncle coordinated with his cousin cop and the cop advice them to file charges and just drop the case if they get settlement. The cop also knows a lawyer in PAO so they have no reason not to file charges anymore.

 

So now, it's their call. Nobody wanted to help with the legal matter anymore since the parents are dysfunctional plus they are after the money. Perhaps this is a blessing in disguise so to speak for the deceased since he will no longer feel the inhumane treatment of his father.

 

Thanks again, Sir.

Edited May 30, 2016 by wildswans

[Erjan0101]

How strong is the doctrine of last clear chance in filing a case about a car accident? I was rear ended when I made a lane change in the NLEX. The one who rear ended me has a dashcam and it showed that I didn't make a signal but we were about 4 cars apart when I made the lane change. Add to that,it appears that the guy who rear ended me seems to be talking to someone but he was alone in his car so he may be talking on the phone. What are me chances if I file a case?

[Google]

How strong is the doctrine of last clear chance in filing a case about a car accident? I was rear ended when I made a lane change in the NLEX. The one who rear ended me has a dashcam and it showed that I didn't make a signal but we were about 4 cars apart when I made the lane change. Add to that,it appears that the guy who rear ended me seems to be talking to someone but he was alone in his car so he may be talking on the phone. What are me chances if I file a case?

 

by the looks of it, the guy who rearended you has the evidence (the dashcam). i doubt kung ilabas nya yun, unless you have your own sets of evidences and witnesses.

 

ano damage sa iyo? baka naman may comprehensive insurance ka yun na lang gamitin mo.

filing a case would eat up your time and money. tapos sum of money lang yan for damages. pag ayaw magbayad ng nakabunggo sa iyo, wala din.

[Erjan0101]

 

by the looks of it, the guy who rearended you has the evidence (the dashcam). i doubt kung ilabas nya yun, unless you have your own sets of evidences and witnesses.

 

ano damage sa iyo? baka naman may comprehensive insurance ka yun na lang gamitin mo.

filing a case would eat up your time and money. tapos sum of money lang yan for damages. pag ayaw magbayad ng nakabunggo sa iyo, wala din.

 

Our car was declared total loss. Good thing no one got really hurt.

 

 

Actually, I already have a copy of the video. The guy is pretty rich and has a model daughter. I did some stalking kasi we have copies of driver licenses and or/cr of the vehicles so nakita ko anak niya. Haha!

 

The police report says that the guy who rear ended me was suspected to be DUI. The police didn't make any sobriety tests kasi daw nagrefuse yung other guy so may mali yung police kasi under R.A. 10586:

 

SEC. 8. Refusal to Subject Oneself to Mandatory Tests. – A driver of a motor vehicle who refuses to undergo the mandatory field sobriety and drug tests under Sections 6, 7 and 15 of this Act shall be penalized by the confiscation and automatic revocation of his or her driver’s license, in addition to other penalties provided herein and/or other pertinent laws.

 

SEC. 12. Penalties. – A driver found to have been driving a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances, as provided for under Section 5 of this Act, shall be penalized as follows:

(a) If the violation of Section 5 did not result in physical injuries or homicide, the penalty of three (3) months imprisonment, and a fine ranging from Twenty thousand pesos (Php20,000.00) to Eighty thousand pesos (Php80,000.00) shall be imposed;

(d) The nonprofessional driver’s license of any person found to have violated Section 5 of this Act shall also be confiscated and suspended for a period of twelve (12) months for the first conviction and perpetually revoked for the second conviction. The professional driver’s license of any person found to have violated Section 5 of this Act shall also be confiscated and perpetually revoked for the first conviction. The perpetual revocation of a driver’s license shall disqualify the person from being granted any kind of driver’s license thereafter.

For damages of our car, I will just claim nalang sa insurance namin since comprehensive naman. I want to file a criminal case lang just to make them settle lang ng unting damages sa abala then we drop charges nalang if they settle. Can I also hold the police liable for not filing a case kaagad sa other guy?

Edited May 31, 2016 by Erjan0101

[Google]

 

Our car was declared total loss. Good thing no one got really hurt.

 

 

Actually, I already have a copy of the video. The guy is pretty rich and has a model daughter. I did some stalking kasi we have copies of driver licenses and or/cr of the vehicles so nakita ko anak niya. Haha!

 

The police report says that the guy who rear ended me was suspected to be DUI. The police didn't make any sobriety tests kasi daw nagrefuse yung other guy so may mali yung police kasi under R.A. 10586:

 

SEC. 8. Refusal to Subject Oneself to Mandatory Tests. – A driver of a motor vehicle who refuses to undergo the mandatory field sobriety and drug tests under Sections 6, 7 and 15 of this Act shall be penalized by the confiscation and automatic revocation of his or her driver’s license, in addition to other penalties provided herein and/or other pertinent laws.

 

SEC. 12. Penalties. – A driver found to have been driving a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances, as provided for under Section 5 of this Act, shall be penalized as follows:

(a) If the violation of Section 5 did not result in physical injuries or homicide, the penalty of three (3) months imprisonment, and a fine ranging from Twenty thousand pesos (Php20,000.00) to Eighty thousand pesos (Php80,000.00) shall be imposed;

(d) The nonprofessional driver’s license of any person found to have violated Section 5 of this Act shall also be confiscated and suspended for a period of twelve (12) months for the first conviction and perpetually revoked for the second conviction. The professional driver’s license of any person found to have violated Section 5 of this Act shall also be confiscated and perpetually revoked for the first conviction. The perpetual revocation of a driver’s license shall disqualify the person from being granted any kind of driver’s license thereafter.

For damages of our car, I will just claim nalang sa insurance namin since comprehensive naman. I want to file a criminal case lang just to make them settle lang ng unting damages sa abala then we drop charges nalang if they settle. Can I also hold the police liable for not filing a case kaagad sa other guy?

 

i dont think ikaw ang pwedeng magkaso ng criminal case dahil aside from the damages sa car, wala namang namatay sa inyo eh. i still think this is still a civil case of sum of money sa inyo.

 

however, may criminal case sya sa pulis dahil DUI. the police should be the one filing the case. siguro mas maganda kung dun ka mag follow-up sa kanila. if the cops cannot file one, may liability din sila dun. they could have just put in a police report suspecting DUI, but the driver refused a DUI test, tapos ipasok sa prosecutor.

[Erjan0101]

 

i dont think ikaw ang pwedeng magkaso ng criminal case dahil aside from the damages sa car, wala namang namatay sa inyo eh. i still think this is still a civil case of sum of money sa inyo.

 

however, may criminal case sya sa pulis dahil DUI. the police should be the one filing the case. siguro mas maganda kung dun ka mag follow-up sa kanila. if the cops cannot file one, may liability din sila dun. they could have just put in a police report suspecting DUI, but the driver refused a DUI test, tapos ipasok sa prosecutor.

 

 

Okay, thanks man.

[oakley_boy]

Magandang araw po. gusto ko lang po sanang humingi ng advice about sa ngyari saken sa trabaho. ako po kasalukuyang ngtatrabaho sa isang bpo. ako po ay ngapply para mpromote nung unang linggo ng abril at sinabing babalitaan nila ako after 1 week pra ireview ang performance ko. ntapos ang april at 2 linggo ng mayo, wla akong ntanggap na tawag mula sa knila kaya inisip ko na ndi ako pumasa. ngunit nung mayo 17, nkatanggap po ako ng twag mula sa hr nmin na pumasa po ako at nakuha ko yung promosyon. hiningan nya ako ng kopya ng payslip ko kasi dun daw ibabase yung magiging bagong sweldo ko. sabi sken june 1 ang start ko. kumalat sa buong kumpanya ang promosyon ko. may 30 ngtatanong ako kung tuloy ang lipat ko at bkit wala pa kong pinipirmahan. sabi ng hr, ginagawa pa yung job offer ko at madedelay daw yung paglipat ko ng mid june dahil sa problem sa staffing ng kumpanya. nung june 4, sinabihan ako ng supervisor ko na ndi na daw ako malilipat dahil nakita daw yung attendance ko.

 

ang tanong ko po, legal po ba yung ginawa nila sken? given na mejo may problema ako sa attendance, mahigit 1 buwan bago ko mkatanggap ng tawg sa knila mula ng interview ko, bkit ndinila ginawa noon ang background chek? kalat na din po sa buong kumpanya ang ngyari sken at napahiya po ako.. maaari po ba kong magfile ng legal na reklamo?

[Google]

Magandang araw po. gusto ko lang po sanang humingi ng advice about sa ngyari saken sa trabaho. ako po kasalukuyang ngtatrabaho sa isang bpo. ako po ay ngapply para mpromote nung unang linggo ng abril at sinabing babalitaan nila ako after 1 week pra ireview ang performance ko. ntapos ang april at 2 linggo ng mayo, wla akong ntanggap na tawag mula sa knila kaya inisip ko na ndi ako pumasa. ngunit nung mayo 17, nkatanggap po ako ng twag mula sa hr nmin na pumasa po ako at nakuha ko yung promosyon. hiningan nya ako ng kopya ng payslip ko kasi dun daw ibabase yung magiging bagong sweldo ko. sabi sken june 1 ang start ko. kumalat sa buong kumpanya ang promosyon ko. may 30 ngtatanong ako kung tuloy ang lipat ko at bkit wala pa kong pinipirmahan. sabi ng hr, ginagawa pa yung job offer ko at madedelay daw yung paglipat ko ng mid june dahil sa problem sa staffing ng kumpanya. nung june 4, sinabihan ako ng supervisor ko na ndi na daw ako malilipat dahil nakita daw yung attendance ko.

 

ang tanong ko po, legal po ba yung ginawa nila sken? given na mejo may problema ako sa attendance, mahigit 1 buwan bago ko mkatanggap ng tawg sa knila mula ng interview ko, bkit ndinila ginawa noon ang background chek? kalat na din po sa buong kumpanya ang ngyari sken at napahiya po ako.. maaari po ba kong magfile ng legal na reklamo?

 

i don't think you can do a legal complaint here. promotions is based on merits based on company standards and even DOLE cannot question that.

apparently, there are mishandlings or process failure na ginawa ng HR. what you can do is just to file a letter of complaint sa top management ninyo. Dun sa pagkalat ng balita, hindi mo makokontrol yan eh, sino ang nagkalat ng balita? Kung HR? another process failure and breach of confidentiality sila that you can also mention sa complaint mo sa top management. other than that, wala ka ng magagawa. Ngayon, kung medyo matinding kahihiyan ang dinala sa iyo nun and hindi mo masikmura, what you can do is to resign, otherwise, swallow your pride.

 

another note, improve mo muna attendance mo before you plan to go into higher position. kasama talaga sa evaluation yan lalo na kung internal promotions ang mangyayari. excessive tardiness and absentism are grounds for termination and can be used against you. while you improve your attendance and punctuality, make sure that you also improve on your task delivery. make a change, make a difference. mapapansin ka din and hindi mo na kailangan mag apply for higher position.

Edited June 9, 2016 by Google

[oakley_boy]

thank you sir 😊

[┤Castiel├]

Hello Sir, would like to for some legal advice and direction for someone I know:

 

A lady friend got knocked up by her bf and they eventually got married. However, due to complications in their relationship, the guy, who is a seaman by the way, took off and moved to a Middle East country. He somehow settled there, started a new family and abandoned the girl and child here with no support or communication whatsoever. The friend would like to know if she could have her husband deported and if so, what would be the right legal procedures to take to make it happen.

 

Looking forward for your help. Thank you.

[rocco69]

Hello Sir, would like to for some legal advice and direction for someone I know:

 

A lady friend got knocked up by her bf and they eventually got married. However, due to complications in their relationship, the guy, who is a seaman by the way, took off and moved to a Middle East country. He somehow settled there, started a new family and abandoned the girl and child here with no support or communication whatsoever. The friend would like to know if she could have her husband deported and if so, what would be the right legal procedures to take to make it happen.

 

Looking forward for your help. Thank you.

The friend would like to know if she could have her husband deported?

 

Unfortunately, abandonment of one's spouse is not a ground for deportation back to the Philippines. What she can do is to file child abuse charges against her husband here in the Phils. Should her husband come back to the Philippines, then he has to face the charges. But so long as he is not in the Phils., she basically has no remedy. Our laws cannot be enforced abroad.

[┤Castiel├]

The friend would like to know if she could have her husband deported?

 

Unfortunately, abandonment of one's spouse is not a ground for deportation back to the Philippines. What she can do is to file child abuse charges against her husband here in the Phils. Should her husband come back to the Philippines, then he has to face the charges. But so long as he is not in the Phils., she basically has no remedy. Our laws cannot be enforced abroad.

Thank you for your feedback, Sir rocco69. Will relay this info to my friend, although it will be of much disappointment on her part.

[jakewise]

I was rear ended by another car yesterday. The owner said his insurance is expired and so I presume his car registration is also expired. Assuming his car registration is expired, is it a ground on my end to complain to the traffic investigator regarding this and ask the policeman to include this fact in his police report?

[oakley_boy]

Good day MTC Experts! Need help po regarding our problem sa auto loan

 

Last month we bought our first car. Before namin makuha yung kotse, inadvise kami nung agent na magopen kami ng saving account sa UCPB kasi dun daw nila ipapasok yung loan namin sa kotse. dumating yung day na kinuha nmin yung sasakyan, sa sobrang excited namin ng wife ko, hindi namin napansin na hindi nadiscuss smen yung details nung car loan like total amount financed, due date, monthly ammort (though may idea naman na kami bout sa monthly payment), and other fees. wala kaming nakuhang documents about sa car loan. ang papers lang na dala nmin pauwi was the receipt of our downpayment and yung registration sa lto. walang contract for loan. pagdating namin sa bahay, we asked the agent kung bakit ndi nya diniscuss smen, sabi nya lang imamail daw yung contract after 1 month basta magdeposit na lang daw kami dun sa savings account na inopen namin kasi auto debit naman yun.

 

I called UCPB main and pumunta ako dun sa bank kung san ako ngopen ng savings account to check the details of my loan. pareho sila ng sagot, wala akong existing autoloan sa kanila. Now sinabi ko sa agent nung kotse na hindi muna ako mgdedeposit sa savings account ko kasi wala akong contract, hindi ko alam yung due date and pano ko masisigurado na if may deductions sa savings, eh mapupunta sa payment ng car ko.

 

Ang kinakatakutan ko lang po is kung anong magiging negative impact neto saken, as a borrower. pwede bang mahila yung kotse ko? as i've checked; based sa

REPUBLIC ACT No. 3765

Section 2. Declaration of Policy. It is hereby declared to be the policy of the State to protect its citizens from a lack of awareness of the true cost of credit to the user by assuring a full disclosure of such cost with a view of preventing the uninformed use of credit to the detriment of the national economy.

 

Section 4. Any creditor shall furnish to each person to whom credit is extended, prior to the consummation of the transaction, a clear statement in writing setting forth, to the extent applicable and in accordance with rules and regulations prescribed by the Board, the following information:

 

ano pong dapat kong gawin and kelan po? TIA

[nwebe]

Good day MTC Experts! Need help po regarding our problem sa auto loan

 

... snipped ...

 

ano pong dapat kong gawin and kelan po? TIA

 

Kung wala kang pinirmahan na Auto Loan agreement sa UCPB, wala ka pang record sa kanila. Yung 1 month na sinabi sa iyo nung dealer is probably the "processing period" ng UCPB para magawan ka nila ng loan contract. You can wait until you sign the loan papers before you open the account naman. Also, just a tip, when you do open the account, make sure na waived yung maintaining balance para pwedeng yung saktong monthly amortization lang yung ipapasok mo sa account na iyon, unless you will use it for other purposes.

 

Lumampas na ba yung 30 days? Follow it up with your dealer frequently.

 

Hindi naman din pwedeng ipahatak ng UCPB yung kotse mo dahil wala ka pa namang contract with them. At worst, yung dealer will ask you to return the car, but chances are they would just look for another bank to finance your purchase kung nagka-problema sila sa UCPB.