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[M Corleone]

Hi our Legal Lawyers

 

I just want to consult on something.

 

A friend died leaving a husband and 2 kids aged 18 and 15. they still have a house and lot and the Dad wants to Pawn or Sell the house. Do the kids have any say on this matter?

 

The house is still named to my dead friend and hasnt been transferred to his Husband nor the kids.

 

My concern is the Dad doesnt have a job/ hasn't had a job for decades, a senior citizen now and is really bad with money. If they pawn or sell the property now the kids will be left homeless and penniless.

 

Do the kids have any legal right to the property even though they are just teenagers?

 

Thanks so much to those who can answer.

 

Yes, the kids have legal rights over the property since they are compulsory heirs, as well as their dad.

 

 

Now, on the basis of your narration, it would be safe to assume that the deceased (wife) left no last will and testament, which makes succession intestate. Because of this, the kids are entitled to 50% of the total value of the hereditary estate (total value of all the properties -- real and personal -- of the deceased) and the surviving husband shall be entitled to a portion which is equal to a share of one legitimate child.

 

But since the matter of concern is the house and lot left by the deceased, it would be necessary for them to execute an Extrajudicial Settlement to partition the estate of the deceased and for them to be able to transfer the house and lot in the name of the kids -- should the dad agree. Payment of taxes will come next.

 

In the event the dad insists on pawning or selling the house and lot, they should still execute the said settlement for purposes of transferring the title to the buyer (or to the dad in case the property is to be pawned). Thereafter, the children and the dad should be entitled to their share of the proceeds ("napagbentahan / napagsanglaan"). Hindi ko na ididiscuss yung sharing, but to illustrate:

 

Proceeds: PhP1,000,000.00

 

The partition would be in the following order:

 

Children = PhP500,000.00

 

> Child 1 = PhP250,000.00;

> Child 2 = PhP250,000.00

 

*Free Portion = PhP500,000.00 (eto yung pambayad sa mga naiwang utang, kung meron)

 

Assuming walang naiwang utang, then:

 

Dad = PhP250,000.00

 

Remaining Free Portion: PhP250,000.00 (eto na ngayon yung pwede pa nilang paghati-hatiang mag-aama or pwedeng ipamahagi sa mga kaibigan, kamag-anak o i-donate sa mga charities)

 

Please do note however that the foregoing illustration will only apply if the deceased is survived by two (2) legitimate children together with the surviving spouse. Mag-iiba na kasi ang sharing ng surviving spouse kung isa lang yung naiwang legitimate child. Nevertheless, the surviving legitimate children shall always be entitled to half (50%) of the hereditary estate of the deceased while illegitimate children shall be entitled to 1/2 of a legitimate child's share.

 

Sana nakatulong ito.

[ctc]

Considering the amount owed to you (PhP40k), a lawyer wouldn't be necessary. As a matter of fact, lawyers are prohibited from appearing in Small Claims proceedings.

 

Preparation of the complaint for Small Claims is not that difficult since there is a downloadable form in the internet (or you can ask some lawyer friends for it, if you have a few) and you will just be filling up certain information.

 

The only challenge here is you need to provide pieces of evidence to prove the obligation owed to you (i.e., contract/s, IOUs, Promissory Notes, etc.) which, take note, should all be in the original. No photocopies will be admitted as evidence per the rules on Small Claims.

 

Alternatively, you can proceed to your city's Hall of Justice and ask for the Small Claims section where they could give you a complaint form to fill up.

 

Be reminded also that filing a Small Claims would require the payment of filing fees, except those who shall be litigating as indigents (those who are unemployed and has no source of income and those who are below the poverty threshold) or as we call it, "pauper litigants".

 

Good luck!

 

1. You do not need a lawyer. You will just need to fill up a form and submit it.

 

2. Regular rules on venue applies. You can file it either on the city where you live OR in the city where he lives. Since you are the one filing, the choice is yours.

 

after the period stated in the demand letter expires, you can now file a complaint for collection of sum of money with the small claims court.

 

Thank you all for your replies.

[rocco69]

 

Yes, the kids have legal rights over the property since they are compulsory heirs, as well as their dad.

 

 

Now, on the basis of your narration, it would be safe to assume that the deceased (wife) left no last will and testament, which makes succession intestate. Because of this, the kids are entitled to 50% of the total value of the hereditary estate (total value of all the properties -- real and personal -- of the deceased) and the surviving husband shall be entitled to a portion which is equal to a share of one legitimate child.

 

But since the matter of concern is the house and lot left by the deceased, it would be necessary for them to execute an Extrajudicial Settlement to partition the estate of the deceased and for them to be able to transfer the house and lot in the name of the kids -- should the dad agree. Payment of taxes will come next.

 

In the event the dad insists on pawning or selling the house and lot, they should still execute the said settlement for purposes of transferring the title to the buyer (or to the dad in case the property is to be pawned). Thereafter, the children and the dad should be entitled to their share of the proceeds ("napagbentahan / napagsanglaan"). Hindi ko na ididiscuss yung sharing, but to illustrate:

 

Proceeds: PhP1,000,000.00

 

The partition would be in the following order:

 

Children = PhP500,000.00

 

> Child 1 = PhP250,000.00;

> Child 2 = PhP250,000.00

 

*Free Portion = PhP500,000.00 (eto yung pambayad sa mga naiwang utang, kung meron)

 

Assuming walang naiwang utang, then:

 

Dad = PhP250,000.00

 

Remaining Free Portion: PhP250,000.00 (eto na ngayon yung pwede pa nilang paghati-hatiang mag-aama or pwedeng ipamahagi sa mga kaibigan, kamag-anak o i-donate sa mga charities)

 

Please do note however that the foregoing illustration will only apply if the deceased is survived by two (2) legitimate children together with the surviving spouse. Mag-iiba na kasi ang sharing ng surviving spouse kung isa lang yung naiwang legitimate child. Nevertheless, the surviving legitimate children shall always be entitled to half (50%) of the hereditary estate of the deceased while illegitimate children shall be entitled to 1/2 of a legitimate child's share.

 

Sana nakatulong ito.

Also keep in mind Art. 103/130 of the Family Code, no settlement of the estate of the deceased, the surviving spouse cannot dispose/encumber the property. Any such disposition/encumbrance would be void.

Edited July 4, 2020 by rocco69

[MassiveTotal]

Ano usual rate ng lawyer pagdating sa discovery pa lang kung meron case? May lawyer ako ininquire, quote sakin is 150k for discovery, and another 150k to file.

[MartinDomingo]

Any lawyers in the house?

Just want to ask , We bought a property a fews years back , the title was clean; no encumbrances, no pending case or dispute.

But now, some squatter who was living in a different property , located at the back of ours claimed that it is his. and started barricading it and then chained the gate to our property.

We have complete documents and title

all he has is a mother title.

what case can I file against them? criminal trespassing?

I know land cases in the philippines, takes forever to get solved.

Or can we just send a gang and rough them up

[wildswans]

Good day to all lawyers here. I just have some quick questions.

 

1. My girlfriend informed her boss on July 2, 2020 that she will be resigning at the end of September but her boss told her that he won't be able to get a replacement at this time and asked her to resign next year. Deep inside I know that it's not my girlfriend's responsibility to look for a replacement and no employee should be barred from leaving even without a replacement, I decided to call DOLE's hotline to confirm. The officer I talked to told me that an employee need to inform her boss/employer by writing a resignation letter a month before the effective date of resignation and the boss will be the one to look for a replacement. If the boss failed to find a replacement or he/she refused to look for a replacement then the resigning employee should be allowed to leave and not take it against the employee. The officer added that an employer/boss shouldn't control what his/her employees want to do on their day off when I told her that my gf and her colleagues are not allowed to go out on their day off for 4 months now and counting even in GCQ. The female employees are all stay in while all the male employees are stay out. Some employees told me that the boss is afraid that if the female employees are allowed to go out, they might go home and not come back.

 

Now, my question is, if my girlfriend will submit a letter of resignation, should she let someone receive it? If so, who? They have a supervisor but they always asked the boss or owner of the business if they want to leave. So I'm afraid that the supervisor will pass her to the owner. Next, what if the boss or whoever is in the office refused to receive the resignation letter then what are her option? How can she secure a proof that nobody wants to receive her resignation letter?

 

 

2. My girlfriend's dad inherited a piece of land from his father. The dad divided the land (without any fencing or marker) among his children including my gf. Her mother is still alive and the father didn't execute any will as it is not famous among poor families in the province. So my gf's father only verbally said which piece of land belongs to who. My gf is afraid that one of her brother might get (agawin) other siblings piece of land including hers. Is there anything she can do to prevent that from happening? If she decided to erect fences around the small piece of land, will it deter someone from taking over? Is there anything her mother can do as a parent? I think the title is still in my gf's grandfather's name but he passed away already and I think the title is with the grandmother but nobody know where she kept it.

 

 

Any information will be highly appreciated.

[Mr.Potatoes]

Good day to all lawyers here. I just have some quick questions.

 

1. My girlfriend informed her boss on July 2, 2020 that she will be resigning at the end of September but her boss told her that he won't be able to get a replacement at this time and asked her to resign next year. Deep inside I know that it's not my girlfriend's responsibility to look for a replacement and no employee should be barred from leaving even without a replacement, I decided to call DOLE's hotline to confirm. The officer I talked to told me that an employee need to inform her boss/employer by writing a resignation letter a month before the effective date of resignation and the boss will be the one to look for a replacement. If the boss failed to find a replacement or he/she refused to look for a replacement then the resigning employee should be allowed to leave and not take it against the employee. The officer added that an employer/boss shouldn't control what his/her employees want to do on their day off when I told her that my gf and her colleagues are not allowed to go out on their day off for 4 months now and counting even in GCQ. The female employees are all stay in while all the male employees are stay out. Some employees told me that the boss is afraid that if the female employees are allowed to go out, they might go home and not come back.

 

Now, my question is, if my girlfriend will submit a letter of resignation, should she let someone receive it? If so, who? They have a supervisor but they always asked the boss or owner of the business if they want to leave. So I'm afraid that the supervisor will pass her to the owner. Next, what if the boss or whoever is in the office refused to receive the resignation letter then what are her option? How can she secure a proof that nobody wants to receive her resignation letter?

 

 

2. My girlfriend's dad inherited a piece of land from his father. The dad divided the land (without any fencing or marker) among his children including my gf. Her mother is still alive and the father didn't execute any will as it is not famous among poor families in the province. So my gf's father only verbally said which piece of land belongs to who. My gf is afraid that one of her brother might get (agawin) other siblings piece of land including hers. Is there anything she can do to prevent that from happening? If she decided to erect fences around the small piece of land, will it deter someone from taking over? Is there anything her mother can do as a parent? I think the title is still in my gf's grandfather's name but he passed away already and I think the title is with the grandmother but nobody know where she kept it.

 

 

Any information will be highly appreciated.

 

 

1. You are correct that an employee can leave after one (1) month from tendering her resignation. I would recommend treating the comment of the boss to resign next year as a plea for her to stay rather than a command.

 

The supervisor may be forced to accept the letter IF the supervisor will direct your girlfriend to the owner who will receive it. He might have no power/responsibility over recruitment. In case the owner still refused to receive it and as a LAST resort, a picture of the owner with the letter is sufficient. You do not need to prove that the boss received it. You just need to "tender" or submit the resignation letter.

 

Just to note, in case the boss will claim that your girlfriend did not tender her resignation, the boss may just file a civil case for damages against your girlfriend. A boss is not that unreasonable as it will cause him more to litigate. However, a not-so-cordial separation may just be a tiny bit harmful in case the next employer will call the previous employer.

 

2. Regarding the land and title. The proper recourse here is to settle the estate of your grandfather and grandmother including the lot. Your grandmother, if she is still alive, will still have a share in the lot since there is no will. Intestate (no will) rules will govern. I recommend an extrajudicial settlement where all the surviving heirs will talk with each other on how to separate the property. With this, the land will be split up and individual titles will now be issued in favor of your gf and her siblings. Please note that since it is under the name of the grandfather, ALL of the children of your grandfather and not just gf's dad should be included. If they will not be included, they should renounce their share over the property. Now, to answer your individual questions:

 

Is there anything she can do to prevent that from happening? as far as the law is concerned, your gf does not own any specific portion of the land. She is only a part owner with no definite spot on the property. What you can do is to settle the estate of the grandfather. I recommend doing this as soon as possible to take advantage of the estate tax amnesty.

 

If she decided to erect fences around the small piece of land, will it deter someone from taking over? No, it will not deter anyone from taking over. First off, it is illegal for her to erect fences on a land that is not legally hers. It could cause friction and "agawan" with her brothers. I recommend settling the estate of the grandfather.

 

Is there anything her mother can do as a parent? None. This is the property of the dad. The dad would have a better right over the property is he is still alive. The mother can only support and encourage the settlement of the estate.

 

I think the title is still in my gf's grandfather's name but he passed away already and I think the title is with the grandmother but nobody know where she kept it. The title is important. Please see to it that the title is located. In case it is lost, you can file a judicial reconstitution of title with the relevant courts.

[Mr.Potatoes]

 

Any lawyers in the house?

Just want to ask , We bought a property a fews years back , the title was clean; no encumbrances, no pending case or dispute.

But now, some squatter who was living in a different property , located at the back of ours claimed that it is his. and started barricading it and then chained the gate to our property.

We have complete documents and title

all he has is a mother title.

what case can I file against them? criminal trespassing?

I know land cases in the philippines, takes forever to get solved.

Or can we just send a gang and rough them up

 

 

You can file a case for forcible entry if the action is filed within 1 year from the illegal entry. In case it is more than 1 year, accion publiciana. Apologies but the distinction is relevant for the proper courts. I recommend going to a lawyer to discuss regarding this case especially due to the presence of the "Mother Title". I also recommend checking the city hall to see the mother title and how it was distributed, if it was.

[Mr.Potatoes]

Ano usual rate ng lawyer pagdating sa discovery pa lang kung meron case? May lawyer ako ininquire, quote sakin is 150k for discovery, and another 150k to file.

 

It depends on the lawyer. The rates depends on the lawyer and how complicated the case it. I will not comment on the 150K price tag but I will recommend you to clarify what it includes such as if the 150K to file includes the filing of all pleadings, attendance to all hearings, and possible appeal.

 

The last say will be yours but you may also look for other lawyers.

[Rickyboyyy]

For marriage inquiry po. I'm 22 and planning na mag pakasal and according sa article na nabasa kailangan ko ng "parental advice" since below 25 ako. If mag pakasal kami through civil or through church without the "parental advice" valid ba yung marriage?

[rocco69]

For marriage inquiry po. I'm 2 d22 and planning na mag pakasal and according sa article na nabasa kailangan ko ng "parental advice" since below 25 ako. If mag pakasal kami through civil or through church without the "parental advice" valid ba yung marriage?

Sa pangkalahatan, bago makapagpakasal ang isang tao, kailangan muna niya (at ng kanyang kapareha) na kumuha ng "marriage license" (katulad ng pagmamaneho, bago ka makapagmaneho ng legal, kailangan mo ng "driver's license"). Pag nagpakasal ka ng walang lisensya, mas malamang sa hindi, walang bisa ang kasal mo.

 

Para sa mga edad 21 hanggang 25, isa sa mga rekisitos sa pagkuha ng marriage license ang parental advice.

 

NGUNIT, SUBALIT, DATAPWA'T...

 

Kung makakakuha ka ng paborableng advice (payag o walang pagtutol ang magulang mo sa iyong pagpapakasal), tatakbo agad ang proseso sa pag-issue sa iyo ng lisensya.

 

Pero, kung tutol ang iyong magulang o wala kang maipakitang advice, MASUSUPENDE lamang ng 90 days ang pag-issue ng marriage license (para makapag-muni muni ka pa sa iyong Desisyon [ang pagpapakasal ay isang LIFE SENTENCE at may dahilan bakit tumututol ang magulang mo] kung ito ba ay tama o mali).

 

Sa madaling salita, ang tanging epekto lang ng walang parental advice ay ang pagka-antala ng iyong lisensya. Mailalabas din ito, at kapag nailabas na at may lisensya na kayo ng kapareha mo, pwede na kayong magpakasal, kahit tutol pa ang iyong magulang (dahil ikaw ay 22 na at maaari nang tumayo sa sariling paa).

Edited July 19, 2020 by rocco69

[wildswans]

Hi MTC lawyers. I have some more questions about employment particularly resignation.

 

1. I read an article online and it said that if an employee signed an employment contract then he/she should write a letter of resignation before resigning. Whereas, if the employee wasn't made to sign an employment contract then the resignation can be verbal. Is this true?

 

2. Are there any differences or loopholes or consequences if an employee writes a resignation letter compare to informing the employer verbally? I asked this because my girlfriend said she and fellow workmates used to sign an employment contract ONLY in the beginning but has since stopped. She also said that they are asked to submit a letter of resignation when someone wants to resign but now the employer no longer ask for it so it's verbal now. I'm having a hard time deciding whether to ask my girlfriend to submit a resignation letter when the norm in her workplace is informing the boss verbally. She informed the boss on July 2 that she will be leaving at the end of September but the boss didn't allow her and asked her to resign next year. We had a bad fight regarding it because she just agreed to her boss' wishes but that's another story. So now, my girlfriend has decided that she will be informing the boss soon that she will be leaving at the end of December 2020 and won't come in starting January 1, 2021. She also decide that if her boss didn't agree again, she will just pack all her things and walk out just like what her colleague did last June. Thus, I'm not sure what's her best option.

 

3. I called DOLE's hotline this afternoon and the guy told me that if the employer will not accept the resignation letter of an employee, the employee can write the outcome down on a piece of paper stating that the employer didn't accept the resignation letter. For example, according to the assistance officer, if the employee hand in the letter to the employer but the employer refused to accept it or received it, then the employee should grab a piece of paper and write down that the employer didn't accept or receive her resignation letter. Is this true? It's just like writing on a diary and it doesn't seem to make any sense.

 

Any information will be highly appreciated.

[rocco69]

Hi MTC lawyers. I have some more questions about employment particularly resignation.

 

1. I read an article online and it said that if an employee signed an employment contract then he/she should write a letter of resignation before resigning. Whereas, if the employee wasn't made to sign an employment contract then the resignation can be verbal. Is this true?

 

2. Are there any differences or loopholes or consequences if an employee writes a resignation letter compare to informing the employer verbally? I asked this because my girlfriend said she and fellow workmates used to sign an employment contract ONLY in the beginning but has since stopped. She also said that they are asked to submit a letter of resignation when someone wants to resign but now the employer no longer ask for it so it's verbal now. I'm having a hard time deciding whether to ask my girlfriend to submit a resignation letter when the norm in her workplace is informing the boss verbally. She informed the boss on July 2 that she will be leaving at the end of September but the boss didn't allow her and asked her to resign next year. We had a bad fight regarding it because she just agreed to her boss' wishes but that's another story. So now, my girlfriend has decided that she will be informing the boss soon that she will be leaving at the end of December 2020 and won't come in starting January 1, 2021. She also decide that if her boss didn't agree again, she will just pack all her things and walk out just like what her colleague did last June. Thus, I'm not sure what's her best option.

 

3. I called DOLE's hotline this afternoon and the guy told me that if the employer will not accept the resignation letter of an employee, the employee can write the outcome down on a piece of paper stating that the employer didn't accept the resignation letter. For example, according to the assistance officer, if the employee hand in the letter to the employer but the employer refused to accept it or received it, then the employee should grab a piece of paper and write down that the employer didn't accept or receive her resignation letter. Is this true? It's just like writing on a diary and it doesn't seem to make any sense.

 

Any information will be highly appreciated.

1. if an employee signed an employment contract then he/she should write a letter of resignation before resigning. Whereas, if the employee wasn't made to sign an employment contract then the resignation can be verbal. Is this true?

 

NOT TRUE. Even of there is a written employment contract, if the employer accepts a verbal resignation, that would be valid. And even if its a verbal employment contract, nothing prevents the employee from making a letter of resignation. The advantage of a written resignation over a verbal resignation is that it is BETTER evidence that you resigned (or attempted to)

 

2. Are there any differences or loopholes or consequences if an employee writes a resignation letter compare to informing the employer verbally?

 

An employee is supposed to give the employer 30 days notice of his/her intent to resign. No 30 day notice, the employer can hold the employee liable for damages he suffered because the employee abruptly leaves without giving the employer a period to look for a replacement/prepare for his departure.

 

A resignation letter (given at least 30 days before the effective date of resignation), frees the employee from liability for damages.

 

It is more difficult to prove when a verbal resignation was made, or that it was made with 30 days notice.

 

Note that all of these becomes academic if the employer AGREES to the resignation, even if there was no 30 days notice. It becomes important if the employer complains of the resignation, or claims that it was improperly made. Note also even if there was a violation, and the employer complains about it, liability for damages would probably move the employer to withhold the last salary owing to the employee. If the employer doesn't owe the employee any money, they would have to go to court to ask for damages. MOST EMPLOYERS WILL NOT DO THIS AS THE COST FAR OUTWEIGHS ANY AMOUNT THEY CAN RECOVER FROM THE EX-EMPLOYEE.

 

 

3. What to do if the employer refuses to accept the resignation letter.

 

If the employee who wants to resign wants to have evidence that he gave 30-days notice, the best evidence is a resignation letter saying that he is resigning and stating the date when the resignation is to become effective (which date should be at least 30 days after the employer receives the letter).And the best proof of that is by having a "Receiving Copy" of the letter stamped/written with the words "Received" and signed and dated by the employer (in other words, you prepare two copies of the resignation letter, one copy you give to the employer, the other copy you have him write "Received" on the front, with his signature and date, which you keep for yourself, as proof that really, the employer received such a letter).

 

Now, if the employee anticipates that the employer will not accept the resignation letter when he attempts to give a copy to the employer, HE SHOULD BRING SOMEBODY ALONG AS A WITNESS (preferably, not a co-employee, because they might not testify on his behalf later). When he gives the letter, he should give it with the witness present. Now, when the employer refuses to receive the letter (or to write "Received" and sign on the receiving copy), he should just leave the copy for the employer there AND THEN WRITE THE WORDS "REFUSED TO RECEIVE" plus the date on the other copy he has, and then he and the witness signs below that. He then keeps the letter as proof that the employer was given the letter but refused to receive it. And because he has a witness, it is better evidence than him just saying that the employer refused to receive the letter.

Edited July 30, 2020 by rocco69

[parts_unknown]

Up

[wildswans]

1. if an employee signed an employment contract then he/she should write a letter of resignation before resigning. Whereas, if the employee wasn't made to sign an employment contract then the resignation can be verbal. Is this true?

 

NOT TRUE. Even of there is a written employment contract, if the employer accepts a verbal resignation, that would be valid. And even if its a verbal employment contract, nothing prevents the employee from making a letter of resignation. The advantage of a written resignation over a verbal resignation is that it is BETTER evidence that you resigned (or attempted to)

 

2. Are there any differences or loopholes or consequences if an employee writes a resignation letter compare to informing the employer verbally?

 

An employee is supposed to give the employer 30 days notice of his/her intent to resign. No 30 day notice, the employer can hold the employee liable for damages he suffered because the employee abruptly leaves without giving the employer a period to look for a replacement/prepare for his departure.

 

A resignation letter (given at least 30 days before the effective date of resignation), frees the employee from liability for damages.

 

It is more difficult to prove when a verbal resignation was made, or that it was made with 30 days notice.

 

Note that all of these becomes academic if the employer AGREES to the resignation, even if there was no 30 days notice. It becomes important if the employer complains of the resignation, or claims that it was improperly made. Note also even if there was a violation, and the employer complains about it, liability for damages would probably move the employer to withhold the last salary owing to the employee. If the employer doesn't owe the employee any money, they would have to go to court to ask for damages. MOST EMPLOYERS WILL NOT DO THIS AS THE COST FAR OUTWEIGHS ANY AMOUNT THEY CAN RECOVER FROM THE EX-EMPLOYEE.

 

 

3. What to do if the employer refuses to accept the resignation letter.

 

If the employee who wants to resign wants to have evidence that he gave 30-days notice, the best evidence is a resignation letter saying that he is resigning and stating the date when the resignation is to become effective (which date should be at least 30 days after the employer receives the letter).And the best proof of that is by having a "Receiving Copy" of the letter stamped/written with the words "Received" and signed and dated by the employer (in other words, you prepare two copies of the resignation letter, one copy you give to the employer, the other copy you have him write "Received" on the front, with his signature and date, which you keep for yourself, as proof that really, the employer received such a letter).

 

Now, if the employee anticipates that the employer will not accept the resignation letter when he attempts to give a copy to the employer, HE SHOULD BRING SOMEBODY ALONG AS A WITNESS (preferably, not a co-employee, because they might not testify on his behalf later). When he gives the letter, he should give it with the witness present. Now, when the employer refuses to receive the letter (or to write "Received" and sign on the receiving copy), he should just leave the copy for the employer there AND THEN WRITE THE WORDS "REFUSED TO RECEIVE" plus the date on the other copy he has, and then he and the witness signs below that. He then keeps the letter as proof that the employer was given the letter but refused to receive it. And because he has a witness, it is better evidence than him just saying that the employer refused to receive the letter.

 

Thank you for the detailed information, sir rocco69. It's not possible for the employee to bring someone along as witness as they are only required to go to the office alone to surrender money every afternoon (for the cashiers) and to get their salary every pay day. I will ask if she's close to the 4 office staff and if those staff are around whenever employees will surrender money and when they get their pay check. If so, then perhaps, one of the office staff can act as witness. The next thing, I guess, is to report to DOLE right away if the employer refuse to receive the letter. I remember the DOLE officer I talked to over the hotline advice me to do that.

 

Lastly, I understand that the resignation letter should have a reason for leaving but doesn't need to be detailed. So I'd like to ask what are the best reasons to put on a resignation letter. Actually, the employee is resigning because she wants to rest already after working 12-hour shift for more than 2 years and wants to move in with her boyfriend as well as visit her family in the province.