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Butsoy

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here's another labor law inquiry...

 

is Brent v. Zamora (extension of probationary employment) still good law? Would a second extension sought by the probie-employee not run afoul of existin statutes?

 

secondly, are sales personnel entitled to overtime pay? would an employer edict of number of hours per week necessarily remove them from the class distinction under labor law for sales personnel?

 

sorry if i keep asking, have an idea but i am just testing my argument...

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can you file charges in the ombudsman against an official of the dpwh

for grave threats or threats

let us predicate this discussion on the law creating the Ombudsman, which states:

REPUBLIC ACT No. 6770

 

AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN AND FOR OTHER PURPOSES.

 

Section 13. Mandate. - The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against officers or employees of the government, or of any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and enforce their administrative, civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people.

Section 15. Powers, Functions and Duties. - The Office of the Ombudsman shall have the following powers, functions and duties:

x x x x

 

(2) Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties;

 

Section 19. Administrative Complaints. - The Ombudsman shall act on all complaints relating, but not limited to acts or omissions which:

 

(1) Are contrary to law or regulation;

 

(2) Are unreasonable, unfair, oppressive or discriminatory;

 

(3) Are inconsistent with the general course of an agency's functions, though in accordance with law; Proceed from a mistake of law or an arbitrary ascertainment of facts; Are in the exercise of discretionary powers but for an improper purpose; or Are otherwise irregular, immoral or devoid of justification.

 

as above stated, the Ombudsman has jurisdiction only on acts which are directly related to the performance of the duties and responsibilities of a government official. While it is true that the person who committed the deed is a government official, it must be first determined if the same was done while in the performance of the functions of the office. this can be easily determined by the factual circumstances of the act itself: time, place, supposed acts constituting a crime which wassaid would be performed upon the person etc etc....

 

so it would be safer to have the incident entered into the police record (blotter) and then file a complaint for grave threats or light threats. the difference between the two is that the acts said to be inflicted constitutes a crime and light threats for acts not constituting a crime or for any enumerated under the revised penal code...let them claim the affirmative defense of jurisdiction over the crime...

 

just my two cents...

 

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ang una kong nakitang pagkakaiba e ung mga chords ng sata iba... hehehe.. mas mabilis ang sata kesa sa ide... pero mas mganda pag 2 o kya 4 and sata drives mo.. para magamit and raid functions nito. mas mabilis lalo un. pwede mong gawing master ang sata. ganun ang gamit ko ngayon e. ang gawin mo, i-slave mo ang ide hd mo tapos sa bios, enable mo ung boot rom function tapos sa boot sequence, unahin mong magboot ung sata hd mo

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how can an ordinary citizen initiate a life style check of a said official

what evidences he has to show to warrant a move and what dept....

well writing a letter would be the way to do it...send it to four agencies namely: the department head of where the person sought to be investigated holds office (is this the same case as the DPWH inquiry earlier?), the Ombudsman (you can even leave an unsigned letter complaint of the person, office is near SM Manila), The Presidential Anti Graft Commission (State Accounting Building, UP Diliman fronting Commonwealth Ave) and the Bureau of Internal Revenue (for tax evasion)...if you canspare pictures of alleged ill gotten wealth then include it in your letter...

 

also there's always the fourth estate...the Philippine Center for Investigative Journalism, the Tulfo siblings, Imbestigador and other similar minded shows...

 

just be safe as you go about it...

 

may the Force be with you on your journey...

 

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last sir in cases about bribery is it a one on one transaction in order to

file a case do you still need witnesses i know bribery is confidential in

nature and you dont need witnesses thanks

what you need is evidence which will prove that the crime was committed by the accused doubt...witnesses are just one form of evidence...but also enshrined in our Constitution is the right of the accused to "meet the witnesses face to face" (Art III, Sec. 14, 1987 Constitution) and all the other aspects of due process of law...

 

bribery is a crime, whether direct or indirect..a whole host of laws come into play (the Revised Penal Code- bribery or plunder etc etc)...confidentiality of the said transaction is nullified by the fact that there was an alleged crime committed...yes you need evidence and witnesses are one form of such evidence to prove the crime committed...

 

on another note, thanks agentjackbauer for the update...

 

Merry Christmas to all...always remember that each right one is vested with, there at least three duties attendant to its exercise...

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