legal Free Legal Advice

[rocco69]

Maraming salamat po sa matiyagang pagpaliwanag atty.

Just to clarify po, yung mga short payments ng customers matagal na po nmen sinisingil sa customers even when I was still connected pa po sa company. Ang sistema po kc, may credit line ang mga customers kaya nirerelease nman po ng company ang items kahit wala pang bayad basta nagdaan na po ito sa proseso ng paggawa ng Sales Order kung saan inaaprubahan po ito ng may ari ng company.

 

Yung sinisingil po saken ay pinagsama samang short payment ng mga customers. Ang karamihan po sa dahilan ng short payment ng customer is because of COD discount. Where in papasok po sa COD price ang item pag nabayaran ng customer hanggang 7 days maximum. May iba pong customer na magbbayad ng COD price pero nakatawid na sa 7 days (merong nag 8 days 9 and so on..) pag lumagpas po ng 7 days, automatic na itong icocompute ng accounting bilang term price (30days).

 

May collector nman po kme, hindi po tlaga ako ang nangongollection. Kung may customer man na magbigay saken ng cheke, ito ay nakapangalan po sa company. Sigurado nman po akong walang customer na magssbe sa kanila na nagbayad saken na nakapangalan saken or pay to cash.

 

Hindi lang po talaga ako makapaniwala na nag issue sila ng demand letter saken na sa akin sinisingil ang mga under payments ng customers gayong hindi nman po ako ang kumuha at nakinabang sa mga produkto.

kung ganyan ang talagang nangyari, lumalabas na wala sila sa tama sa pagsisingil sa iyo.

 

maaari mong sagutin yung sulat at ilahad ng panig mo (pero maganda, abugado rin ang gumawa, at baka may masabi ka pang hindi tama). maaari din namang balewalain mo na lang ang sulat, at hintayin kung ano ang sunod nilang hakbang.

[wildswans]

Hi there. Just got two quick questions:

 

1. A company from China have offices here in the Philippines and they are doing the hiring locally. They only hire applicants as Freelance. They are requiring the Freelance to finish a training at a specific date saying that it is mandated by the Chinese government. Is that legal? Because it seems that they are treating the freelance as under the Chinese government which clearly they aren't because they are Filipinos and are residing in the Philippines.

 

2. If a guy is trying to pissed you off by making "parinig". Then if you retaliate by doing the same thing to him until he got pissed and challenged you to a fist fight and without saying anything you punch him in the face. Will you be held liable or him for starting the fight by making parinig? In that situation, is it better to wait for the guy to get physical first then just beat him up after making the first move?

 

Thanks in advance.

[rocco69]

Hi there. Just got two quick questions:

 

1. A company from China have offices here in the Philippines and they are doing the hiring locally. They only hire applicants as Freelance. They are requiring the Freelance to finish a training at a specific date saying that it is mandated by the Chinese government. Is that legal? Because it seems that they are treating the freelance as under the Chinese government which clearly they aren't because they are Filipinos and are residing in the Philippines.

 

2. If a guy is trying to pissed you off by making "parinig". Then if you retaliate by doing the same thing to him until he got pissed and challenged you to a fist fight and without saying anything you punch him in the face. Will you be held liable or him for starting the fight by making parinig? In that situation, is it better to wait for the guy to get physical first then just beat him up after making the first move?

 

Thanks in advance.

1. Is that legal?

 

without knowing the nature of the work they are performing, mahirap magsalita kung legal nga ba ang kunin sila bilang freelancer lamang.

 

2. Will you be held liable or him for starting the fight by making parinig? No. Making "parinig" is not a sufficient reason for punching someone. It will only lessen your criminal liability, but you will still be guilty of a crime (most probably less serious physical injuries)

 

In that situation, is it better to wait for the guy to get physical first then just beat him up after making the first move? If they get physical first, then you beat them up, you will still be liable. Their making the 1st move is actually a valid excuse for DEFENDING YOURSELF, but it does not justify beating them up. Defending yourself is allowed, but beating up a person is no longer defending yourself.

[wildswans]

1. Is that legal?

 

without knowing the nature of the work they are performing, mahirap magsalita kung legal nga ba ang kunin sila bilang freelancer lamang.

 

 

 

Hi Sir. Thank you for the response. They are hired as freelance online English teachers. They teach English to Chinese students in China. The company has physical offices in the Philippines so I guess they are registered and under the jurisdiction of the Philippine law. However, since they should be under the Philippine law, can they tell the Filipino teachers, "you need to complete this online training on or before this date as MANDATED BY THE CHINESE GOVERNMENT"? Can they use the clause "as mandated by the Chinese government" when the teachers are all working in the Philippines or must obey Philippine law?

[wildswans]

1. Is that legal?

 

without knowing the nature of the work they are performing, mahirap magsalita kung legal nga ba ang kunin sila bilang freelancer lamang.

 

 

EDITED (I edited the above post since I posted the wrong info):

 

Hi Sir. Thank you for the response. They are hired as freelance home-based online English teachers. They teach English to Chinese students in China. The company has physical offices in the Philippines so I guess they are locally registered and under the jurisdiction of the Philippine law. Since they should be under the Philippine law, can they tell the Filipino teachers, "all freelance or independent home-based online teachers are required to take this training as MANDATED BY THE CHINESE GOVERNMENT"? Can they use the clause "as mandated by the Chinese government" when the teachers are all Filipinos and working in the Philippines or must obey Philippine law?

[rocco69]

 

EDITED (I edited the above post since I posted the wrong info):

 

Hi Sir. Thank you for the response. They are hired as freelance home-based online English teachers. They teach English to Chinese students in China. The company has physical offices in the Philippines so I guess they are locally registered and under the jurisdiction of the Philippine law. Since they should be under the Philippine law, can they tell the Filipino teachers, "all freelance or independent home-based online teachers are required to take this training as MANDATED BY THE CHINESE GOVERNMENT"? Can they use the clause "as mandated by the Chinese government" when the teachers are all Filipinos and working in the Philippines or must obey Philippine law?

Can they use the clause "as mandated by the Chinese government" when the teachers are all Filipinos and working in the Philippines or must obey Philippine law?

 

Yes. They are teaching to Chinese students in China. While the terms of their employment is governed by Philippine law, what they are going to teach is covered by requirements of Chinese law. Accordingly, their employer may require them to take up training, as mandated by the Chinese government.

 

It is no different with a Filipino worker working in a Filipino factory, producing goods for export to the US. The Filipino worker may be required to produce items that are compliant with American standards, and he cannot refuse to do so, and insist that Philippine standards should be followed, on the ground that the item is being produced here in the Philippines.

 

The important thing is that the free-lancer receive the compensation and benefits guaranteed him under Philippine law. To require him to undertake trainings required by the Chinese government, as long as the content of the training is not illegal, contrary to public policy, morals, and good customs; would not be a violation.

[mikemurphy0305]

question lang po atty. meron akong kaibigan na ginawan ng simple renovation. went well sa first( this is just a labor contract for renovation and supply and install for cabinets) but nung na deliver ko na ung cabinets ayaw ng mgbayad ng billing ko and ayaw i release ung mga gamit ko na hindi na gagamitin sa site dhl kelangan ko na gamitin sa ibang site. wala kming document ng any kind as a contract. they are now threatening me cause i pulled out ung gagawa dhl sa non payment

 

question ko is how can i get my tools na hindi n gagamitin dhl ayaw nila i release

 

second is should i file a case against them for non payment since items were delivered and renovation works is almost completed.

 

 

thanks atty

[rocco69]

question lang po atty. meron akong kaibigan na ginawan ng simple renovation. went well sa first( this is just a labor contract for renovation and supply and install for cabinets) but nung na deliver ko na ung cabinets ayaw ng mgbayad ng billing ko and ayaw i release ung mga gamit ko na hindi na gagamitin sa site dhl kelangan ko na gamitin sa ibang site. wala kming document ng any kind as a contract. they are now threatening me cause i pulled out ung gagawa dhl sa non payment

 

question ko is how can i get my tools na hindi n gagamitin dhl ayaw nila i release

 

second is should i file a case against them for non payment since items were delivered and renovation works is almost completed.

 

 

thanks atty

1. question ko is how can i get my tools na hindi n gagamitin dhl ayaw nila i release

 

dalhin mo sa barangay.

 

2. should i file a case against them for non payment since items were delivered and renovation works is almost completed.

 

isama mo sa reklamo mo sa barangay yung di ka binayaran ng tama. kung di kayo magkasundo sa barangay, pwede ka na maghain ng reklamo (ang tanong: magkano ang hinahabol mo, baka kasi maliit lang, pwede mo na dalhin sa Small Claims Court. Kahit walang kontrata, magiging ebidensya ang mga Salaysay ng mga trabahador mo (pagawin mo ng salaysay) tungkol sa ginawang renovation (maging leksyon din sa iyo ito... sa susunod, kailangan may kasulatan, para di ka nahihirapan patunayan ang mga claim mo)

Edited August 2, 2019 by rocco69

[mikemurphy0305]

maliit lng nman 60k lng atty. ang concern ko is ung mga gamit ko na ayaw i release

[wildswans]

Good day po Sir. If a lease contract is about to expire and the lessee said that he vacated the unit already with his things but the security of the building said that there are still some belongings left. What if, the lessee didn't remove all of his belongings at the end of the contract even after reminding him a day or two before the contract ends to remove all his belongings. Can we remove the belongings ourselves and just leave it at security for him to pick up at a later time? Is that legal? What's the best way to deal with this? It would be a hassle to clean the unit if the belongings are still there and more so if someone wants to occupy the unit already.

[rocco69]

Good day po Sir. If a lease contract is about to expire and the lessee said that he vacated the unit already with his things but the security of the building said that there are still some belongings left. What if, the lessee didn't remove all of his belongings at the end of the contract even after reminding him a day or two before the contract ends to remove all his belongings. Can we remove the belongings ourselves and just leave it at security for him to pick up at a later time? Is that legal? What's the best way to deal with this? It would be a hassle to clean the unit if the belongings are still there and more so if someone wants to occupy the unit already.

call up/inform the lessee that there are still belongings there and then give him a reasonable period w/in which to remove, and that failure to do so within the period given will result in all property left being deposited with the security for him to pick up.

 

Have someone from the barangay (if possible) witness the removal of the things (make an inventory of the things removed, to be signed by you an the witness)

[charliehouse]

In the light sa ongoing issue ngayon na paglaya ni Sanchez, i've read several articles na nagsasabing ang isang convict ay may civil punishment rin civil interdiction yata ang tawag kung saan hindi siya pwedeng bumoto o gumawa ng kontrata.

 

Tanong lang sir for curiousity lang, kung makakalaya ba ang isang bilanggo, automatic ba na mawawala ang civil interdiction?

 

Kung makakalaya si Sanchez according to GCTA, pwede na ba siyang bumoto at gumawa ng kontrata agad-agad?

[Mc Travis]

In the light sa ongoing issue ngayon na paglaya ni Sanchez, i've read several articles na nagsasabing ang isang convict ay may civil punishment rin civil interdiction yata ang tawag kung saan hindi siya pwedeng bumoto o gumawa ng kontrata.

Tanong lang sir for curiousity lang, kung makakalaya ba ang isang bilanggo, automatic ba na mawawala ang civil interdiction?

Kung makakalaya si Sanchez according to GCTA, pwede na ba siyang bumoto at gumawa ng kontrata agad-agad?

Ang civil interdiction ay isang Accessory Penalty naka kabit ito sa, as the term suggests, Principal penalty. Mawawala ito oras na ma-extinguish ang kanyang Criminal liability. Kaya't oras na makalaya ang isang tao sa pagkakabilanggo sa mga dahilan tulad ng service of sentence, extinguished na ang kanyang Criminal liability sa parehong Principal at accessory penalties.

 

Maga-apply ba ito kay Sanchez? Questionable pa kasi kung applicable ba talaga sa kanya ang GCTA. May mga bumabasa ng batas at nagiinterpret na hindi applicable ang GCTA sa persons convicted of heinous crimes. May mga nagsasabi ding applicable sa lahat ang GCTA. SC lang ang makakapag sabi.

 

Kung applicable, para sa akin, wala nang civil interdiction dahil fully extinguished na ang criminal liability. Kung hindi applicable, may tanong pa diyan kung pwede pa ba siyang arestuhin o ikulong. Maari man o hindi na, magpapatuloy pa din ang civil interdiction.

[oliverjohnholmes]

good sirs, eto tanong lang. ano po ba ang legal age of consent sa pinas?

[rocco69]

good sirs, eto tanong lang. ano po ba ang legal age of consent sa pinas?

Kung gusto mong magibg kontrobersyal, sabihin mo - 12 years old a