legal Free Legal Advice

[wildswans]

shouldn't be a problem. even if the checks are issued by his father, eviction for nonpayment would require that the tenant prove he has paid the rentals. Ano ang proof niya na nagbayad na siya? Since talbog yung cheke, he has no proof of payment, unless he pays the rent himself (which would then solve the problem).

 

In fine, OK lang yung checks issued by the father as payment, if the checks bounce, you can opt to file an eviction case, as well as for BP22.

 

Thank you very much sir for the information.

Edited December 21, 2017 by wildswans

[thatHelmetGuy11]

hi mga atty. pwede po humingi ng advise?

 

my friend applied to work in japan. however, the agency has a program that all applicants must be be sent to their japanese principal to undergo "Internship training" (paid) for 3 years before sya iforward at ihire ng isang japanese company. sadly, he was unable to finish the training kasi nahuli sya ng japanese police n ngddrive ng sskyan ng wlang lisensya. he was jailed tpos pinauwi n dto s pinas, effectively terminating his internship. the agency is now suing him for breach of contract daw. any advise po? thanks in advance!

[rocco69]

hi mga atty. pwede po humingi ng advise?

 

my friend applied to work in japan. however, the agency has a program that all applicants must be be sent to their japanese principal to undergo "Internship training" (paid) for 3 years before sya iforward at ihire ng isang japanese company. sadly, he was unable to finish the training kasi nahuli sya ng japanese police n ngddrive ng sskyan ng wlang lisensya. he was jailed tpos pinauwi n dto s pinas, effectively terminating his internship. the agency is now suing him for breach of contract daw. any advise po? thanks in advance!

it depends on what are the terms of the contract that he signed. Is there a clause exempting him due to reasons beyond his control, etc. Whar are his responsibilities and duties under the contract? What are the causes consisting breach of the contract? Hangga't hindi nakikita yung mismong kontrata, mahirap magbigay ng advise.

 

But in any case, kung wala namang ari-arian ang kaibigan mo, useless yang breach of contract case na yan, manalo man sila, ang pwede lang nila makuha ay daños, in the form of money (walang kulong sa civil case. At civil case lang ang breach of contract).

 

Kung walang pera o ari-arian ang kaibigan, ano ang kukunin sa kanya ng agency? Wala. In ending, gagastos lang yung agency sa wala.

 

Kung ako kaibigan mo, wag na niya pansinin ang demands ng agency (at sigurado ako, demand letter pa lang yan, wala pang naisasampa na kaso yan - dahil nga waste of time and money ang ganyang kaso, walang kasiguraduhan na makakakolekta ang naghahabla).

Edited December 29, 2017 by rocco69

[wildswans]

Hi sir. I have two questions.

 

1. Is proper for a locally registered company to ask for an NBI clearance from its homebased online workers? The workers are signed as "Independen Service Provider" and the contract states "no employer-employee" relationship so meaning Freelance.

 

2. With many deadly accidents happening recently, I can't help but notice that the party who is not as fault is often charged with "reckless imprudence resulting to homicide" or "reckless imprudence resulting to physical injuries" when the party at fault suffers some casualties and is the one to blame. Is this really a law in our country? If so, how can a completely innocent party defend itself from such a case? Because it seems this law was made so that the one at fault can get some financial assistance from the innocent party which I think is unfair and nonsense.

 

Thanks for any info.

[rocco69]

Hi sir. I have two questions.

 

1. Is proper for a locally registered company to ask for an NBI clearance from its homebased online workers? The workers are signed as "Independen Service Provider" and the contract states "no employer-employee" relationship so meaning Freelance.

 

2. With many deadly accidents happening recently, I can't help but notice that the party who is not as fault is often charged with "reckless imprudence resulting to homicide" or "reckless imprudence resulting to physical injuries" when the party at fault suffers some casualties and is the one to blame. Is this really a law in our country? If so, how can a completely innocent party defend itself from such a case? Because it seems this law was made so that the one at fault can get some financial assistance from the innocent party which I think is unfair and nonsense.

 

Thanks for any info.

1. Is [it] proper for a locally registered company to ask for an NBI clearance from its homebased online workers?

Yes. Its their job offer. They can require whatever they want from interested applicants, so long as the same is legal and reasonable. NBI clearance is a reasonable and legal requirement. If you don't want to comply, you are free not to apply.

 

2. Is this really a law in our country?

I think it is SOP for police authorities to charge the driver if someone is injured/dies in a vehicular accident, the thinking being "let the judge decide who is at fault", at least no one can claim the police were negligent or were bribed not to file charges. Its basically to ensure their A$$es are covered.

 

3. If so, how can a completely innocent party defend itself from such a case?

Present evidence to show that you were not at fault/negligent. If the person charged is not at fault, the physical evidence will show it. In most cases, the complainant will also be unable to show that the other party was at fault.

[wildswans]

1. Is [it] proper for a locally registered company to ask for an NBI clearance from its homebased online workers?

Yes. Its their job offer. They can require whatever they want from interested applicants, so long as the same is legal and reasonable. NBI clearance is a reasonable and legal requirement. If you don't want to comply, you are free not to apply.

 

2. Is this really a law in our country?

I think it is SOP for police authorities to charge the driver if someone is injured/dies in a vehicular accident, the thinking being "let the judge decide who is at fault", at least no one can claim the police were negligent or were bribed not to file charges. Its basically to ensure their A$$es are covered.

 

3. If so, how can a completely innocent party defend itself from such a case?

Present evidence to show that you were not at fault/negligent. If the person charged is not at fault, the physical evidence will show it. In most cases, the complainant will also be unable to show that the other party was at fault.

 

Thank you for the information, sir. Just to clarify about question number 1, some of us were already working in the company for more than 3 years but it is only now that they are requiring it and threatened not to renew contracts if we don't submit one. Sorry for forgetting to mention it.

[rocco69]

 

Thank you for the information, sir. Just to clarify about question number 1, some of us were already working in the company for more than 3 years but it is only now that they are requiring it and threatened not to renew contracts if we don't submit one. Sorry for forgetting to mention it.

Its still valid, being part of management prerogative.

 

A company is free to regulate, according to its own judgment and discretion, all aspects of employment, to include work regulations. So long as the same is exercised in good faith to promote the employer's interest, and not to defeat worker's rights, the same is valid.

 

Requiring NBI clearances from workers is reasonable and is one of the ways to protect company interests. You normally wouldn't want a person with a criminal record working for you.

 

Being reasonable, refusal to comply can be considered as wilful disobedience to a lawful order of the employer, which is a ground for VALIDLY TERMINATING an employee.

[kingkamote87]

I have an inquiry.

 

i have this psycho ex-girlfriend. She's suicidal and can't move on when things didn't work out between us.

She's been saying things like "isusumpa ko kayong lahat simula sayo hanggang sa pamilya mo at anak mo", "mamamatay din kayong lahat" and to make things worst, she messaged my friends and relatives about the awful thing that i have done to her in the past (we aborted the baby when she got pregnant).

 

Is there any lawsuit that i can file against her?

Thank you.

[M Corleone]

I have an inquiry.

 

i have this psycho ex-girlfriend. She's suicidal and can't move on when things didn't work out between us.

She's been saying things like "isusumpa ko kayong lahat simula sayo hanggang sa pamilya mo at anak mo", "mamamatay din kayong lahat" and to make things worst, she messaged my friends and relatives about the awful thing that i have done to her in the past (we aborted the baby when she got pregnant).

 

Is there any lawsuit that i can file against her?

Thank you.

 

First, assuming that you both reside within the same Barangay, a quick fix on this would be the filing of a complaint before the Lupon of the Barangay and asking them for the issuance of a Temporary Protection Order (TPO) against your psycho ex-girlfriend. Here, they will try their best efforts for you and your ex-gf to reach a settlement or reconciliation at the very least. If no settlement or reconciliation is reached by the both of you, it is only then that they will issue a clearance for you to pursue legal actions from the courts.

 

Now, to answer your inquiry,

 

As to the cursing, there is none since her words would not fall as threats against the complainant as defined under the Revised Penal Code (RPC) nor can you claim Damages from such words under the pertinent provisions of the Civil Code since to claim for such, actual injuries and/or besmirched reputation must be sustained by the plaintiff.

 

As to her, messaging your relatives, there are two options:

 

 

A) File a civil case for Damages anchoring your claim on besmirched reputation, severe anxiety and sleepless nights; or

 

File a criminal case against her for Slander by Deed or Intriguing Against Honor.

 

 

Just a quick note:

 

In the filing of civil cases, the plaintiff merely asks the courts for payment of Damages, be it actual, compensatory, liquidated, etc. The remedy availed of here by the plaintiff is the mere payment of monetary value as prayed for in the complaint, whereas in the filing of criminal cases, the complainant actually seeks the imprisonment of the defendant/accused and/or the payment of fines.

 

So be really careful in choosing your option. Think twice and hard. Plus, think about the actual cost of litigation and the hours that will be spent, should you choose to pursue legal actions against your psycho ex-girlfriend.

 

Good luck, I wish you all the best!

[kingkamote87]

 

First, assuming that you both reside within the same Barangay, a quick fix on this would be the filing of a complaint before the Lupon of the Barangay and asking them for the issuance of a Temporary Protection Order (TPO) against your psycho ex-girlfriend. Here, they will try their best efforts for you and your ex-gf to reach a settlement or reconciliation at the very least. If no settlement or reconciliation is reached by the both of you, it is only then that they will issue a clearance for you to pursue legal actions from the courts.

 

Now, to answer your inquiry,

 

As to the cursing, there is none since her words would not fall as threats against the complainant as defined under the Revised Penal Code (RPC) nor can you claim Damages from such words under the pertinent provisions of the Civil Code since to claim for such, actual injuries and/or besmirched reputation must be sustained by the plaintiff.

 

As to her, messaging your relatives, there are two options:

 

 

A) File a civil case for Damages anchoring your claim on besmirched reputation, severe anxiety and sleepless nights; or

 

File a criminal case against her for Slander by Deed or Intriguing Against Honor.

 

 

Just a quick note:

 

In the filing of civil cases, the plaintiff merely asks the courts for payment of Damages, be it actual, compensatory, liquidated, etc. The remedy availed of here by the plaintiff is the mere payment of monetary value as prayed for in the complaint, whereas in the filing of criminal cases, the complainant actually seeks the imprisonment of the defendant/accused and/or the payment of fines.

 

So be really careful in choosing your option. Think twice and hard. Plus, think about the actual cost of litigation and the hours that will be spent, should you choose to pursue legal actions against your psycho ex-girlfriend.

 

Good luck, I wish you all the best!

 

Thanks for answering my query BBB.

 

one last question, if something bad happens to her (knock on wood) like hurting herself and slit her own wrists and ends up in the hospital.

Will i be held accountable?

 

Thank you.

[M Corleone]

 

Thanks for answering my query BBB.

 

one last question, if something bad happens to her (knock on wood) like hurting herself and slit her own wrists and ends up in the hospital.

Will i be held accountable?

 

Thank you.

I'm glad to be of help, King.

 

No, you won't be held accountable, provided that you have not assisted in any way in her attempt to commit a suicide. Referring to your earlier post as to the circumstances of your case, there is no showing that you have assisted her in the commission of such act, hence, you cannot be held liable. Again, this is based merely on your version of the story and this is not a conclusive presumption.

 

For the information of everybody:

 

While the act of suicide itself is not punishable under the Revised Penal Code, the act of assisting a person in the commission of such suicide is considered a felony, thus, punishable by imprisonment.

 

I hope everything would be fine, King. Good luck!

Edited January 3, 2018 by BigBoiBirdie

[silentjasonx]

Good day everyone,

 

my father just passed away. He has this motorcycle with him, the problem is that the OR/CR is not under his name and the deed of sales is nowhere to be found (it's not stolen i can assure you of that). I think he bought this from some 2nd hand shop (which i don't know what or where). It's been with him for almost 10 yrs and he was able to renew the vehicle registration but still under the name of the old owner.

Is there a way that i can renew the vehicle or if the previous owner is still alive does he have claims on this?

Also do i need to declare this on the EJS? and what happens or what can i do if i do not include it on EJS?

 

 

Thank you in advance.

[oliverjohnholmes]

I have a query on sale of shares of stock.

 

Private corp. shareholder sells to fellow shareholder shares of stock. can the buyer resell the shares of stock at a price above par value?

 

what happens to the amount over par value? does it need to be declared as the new par value?

 

need your advice.

 

thanks.

[rocco69]

Good day everyone,

 

my father just passed away. He has this motorcycle with him, the problem is that the OR/CR is not under his name and the deed of sales is nowhere to be found (it's not stolen i can assure you of that). I think he bought this from some 2nd hand shop (which i don't know what or where). It's been with him for almost 10 yrs and he was able to renew the vehicle registration but still under the name of the old owner.

Is there a way that i can renew the vehicle or if the previous owner is still alive does he have claims on this?

Also do i need to declare this on the EJS? and what happens or what can i do if i do not include it on EJS?

 

 

Thank you in advance.

1. Is there a way that i can renew the vehicle?

 

Yes, you can renew, but still in the name of the old owner. Andami fixer sa labas ng LTO, andali niyan.

 

2. if the previous owner is still alive, does he have claims on this?

 

Technically, yes. dahil rehistrado pa sa pangalan niya, at wala ka namang maipakita na Deed of Sale, sa papel, siya pa rin ang may-ari.

 

Pero, ikaw na rin ang nagsabi na di nakaw yan. At sampung taon na ang lumipas, mas malamangf sa hindi, hindi na maghahabol ang may-ari. At kung maghabol man siya, prescribed na ang claim niya at lampas walong taon na nasa inyo ang motor.

 

3. do i need to declare this on the EJS?

dahil di naman nakapangalan sa tatay mo yung motor, di na kailangan ilagay sa EJS yan (ang purpose kasi ng EJS, para may maipakita ka as proof na sa iyo na ang sasakyan. PARA MAILIPAT ANG TITULO), Dahil wala ka namang Deed of Sale mula sa registered owner, useless din yung EJS kung isasama mo pa dun yung motor.

 

4. what happens or what can i do if i do not include it on EJS? it will remain registered in the name of the first owner

and what happens or what can i do if i do not include it on EJS?

[rocco69]

I have a query on sale of shares of stock.

 

Private corp. shareholder sells to fellow shareholder shares of stock. can the buyer resell the shares of stock at a price above par value?

 

what happens to the amount over par value? does it need to be declared as the new par value?

 

need your advice.

 

thanks.

1. can the buyer resell the shares of stock at a price above par value?

Yes, siya may-ari, pwede niyang ibenta ari-arian niya sa presyong gusto niya.

 

2. what happens to the amount over par value?

yung whole amount, not just the amount over par value, ay ibubulsa niya. kanya na yun.

 

3. does it [amount of sale over par value] need to be declared as the new par value?

Nope. Par value is the value stated in the Articles of Incorporation as the value of the stock. This may or may not be equal to the actual value or selling price of the stocks.

Edited January 12, 2018 by rocco69