legal Free Legal Advice

[Akosikokoy]

may isa pa pala akong problem....

 

dalawa harddisk ko, ang isa seagate at ang isa maxtor parehong 20 gig.

 

ung maxtor working dati sa windows 98 kaya lang nagkaproblema...nag-install ako ng xp dito sa maxtor kaya lang ayaw tumuloy ng installation palaging blue screen, unmountable boot volume ang error. nag  checkdisk na ako pero di pa rin mag-install ang xp.

 

ung seagate ko, ok naman siya kahit ilang beses ko ng na-reinstallan ng xp.

 

ngayon bumili ako ng 40 gig na seagate pero hindi ko rin mainstallan ng xp. blue screen din at unmountable boot volume din ang error. pero kapag sa ibang cpu installan itong 40 gig seagate, ok naman....kapag sa computer ko ayaw na.

 

kaya lang ang nakakapagtaka, ung seagate ko na 20 gig, wala namang problema kahit ilang beses ko ng nainstallan ng xp.

 

processor: amd duron 900

memory: 256mb

mbd: redfox

 

would appreciate any suggestion

<{POST_SNAPBACK}>

pwedeng bad memory. ano exact message dun sa BSOD?

[tranzfixer]

badly need an expert's opinion kc 3 months since i left my previous employer, I have not received pa din my last pay. Below are the facts:

 

1. I am a regular employee not a project employee. I have been with my previous company for more than 3 years. When I joined the company, tambak nga ung backlogs e.

 

2. I gave my 1 month notice of intention to leave the company November 7 of last year. It was duly accepted evidenced by the note on my resignation letter. (I wasn't able to secure a copy. I verbally asked the person in charge of the 201 file to give me a copy, but he refused).

 

3. During the 1 month period, i turned over all file and docs pertaining to my function as accountant of the company. (I have not finished the Books of Accounts, but the infos, docs and reports needed to be written on the books were already finished. These docs and reports were turned over to the new accountant evidenced by the receiving sheet that i have on my file.) (IF you will check their books din, same cut-off na binigay nila sa kin, di din updated books nila. Actually, even the comptroller is working on her 2004 books pa.)

 

4. I left the company December 6 of last year. My new employer required me to secure a certification from my previous employer. I have made my verbal request for the issuance of my certification, but the company refused to issue one. (Is their refusal legal?)

 

5. An employee of my previous company volunteered to finish the books of accounts. (Since it will be an easy job.) You will just copy everything that is on the printed copy. The comptroller refuses for reasons I can't understand. If the objective is to finish the book, why not let that employee do it. It is done to other company's books of account. (Group of companies kc)

 

6. I have emailed the daughter of the owner requesting for my last pay and she forwarded the request to the comptroller. I received a mail stating that only after issuance of clearance will my last pay be released.

 

7. My last pay includes conversion of leave credits for years 2003, 2004 & 2005. Salary for the period December 1-16, 2005. (When she told me to compute for my last pay she told me to include my 14th month pay for the year because the owner wanted to give me the amount.)

 

ISSUES: The comptroller won’t issue the clearance, meaning she won’t process my last pay. Based on the facts presented above, does the company (comptroller) have the legal rights to withhold my final pay? What actions do I need to make in order for me to get the amount the company owes me. Please advise.

 

Thank you. I’m really looking forward to your insights.

 

DAGDAG:

 

pinadalhan niya ako ng sulat noong deceber/january na nagsasabi na binibigyan nya ako ng pagkakataon na tapusin ang pagsulat sa mga libro. Ang mali ko di ko sinagot ang sulat nya. Gusto nya kc na magreport ako for 1 whole week na di naman pwede dahil may bago na akong trabaho.

 

Wala akong plano na sulatin ung libro. I offered dati na what ever it is na di ko natapos or kelangan pa ng more time for the turn over period, I can come back on Saturdays. But after what she did during my last 2 weeks, no way na.

 

And ang point ko pa. Utang ng kumpanya sa akin ang amount na hinahabol ko. Leave conversion un. SL and VL. dapt convertible ung VL pagtapos ng taon na applicable cya. lahat ng hindi nagamit. Nagamit na nga nila ung pera na dapat ay nasa akin na e.

 

Ayan nagiging emotional na ako. PAsensya na po.

Tingin mo, dahil sa ayaw kong sulatin ung libro, dapat ko na ding kalimutan ung perang hinihingi ko sa kanila?

<{POST_SNAPBACK}>

hello.....its not an expert opinion but i hope it could shed light in your case....

1. the fact of your case stated that your a regular employee hence your obligation or responsibility to the company is terminated upon tendering and acceptance of your employer of your resignation kahit pa me backlog ka...coz dats what make you difference to a project employee..

2. you are entitled to your last pay and all monetary benifits given to a regular employee upon termination of the employment.

3. however, it is SOP for the comptroller to withheld it until you clear yourself for any accountabilities to the company.

4. if the reason for not issuing clearance is the fact that you have not finished the book of accounts, the refusal is not legal based on the assumption that you are indeed the regular employee..

5. if until now you havent resib what is due on you, myt as well you go to the nlrc to file a complaint..

goodluck and godbless :mtc:

[lickerboy]

Sometimes... good... sometimes bad... just like everyone said... but i think... reviving music is a reminder for us na "meron" palang ganung music... maganda pala yun... ok pala yun... or still... di ok... o kaya... uy... sya pala or sila pala ang kumanta nun...

[notta101]

transcience, (and please mtc lawyers comments)

 

annulment is becoming a generic word when people intend to have a declaration of nullity under article 36 (psychological incapacity). 50k for a package is cheap since for the psychologist alone 25k na plus appearance fee for at least 2 hearings, e yung sa abogado pa at kung minamalas-malas ka pa sa fiscal.

 

if both parties wanted the marriage to be dissolved, the easiest way is to file annulment based on intrinsic fraud, it's easy as one party alleging and the other admitting that he or she is gay and hid said fact to the other prior to the marriage. but of course, there must be no signs of collusion or else, mahal na naman babayaran nyo kay fiscal.

[jopoc]

transcience, (and please mtc lawyers comments)

 

annulment is becoming a generic word when people intend to have a declaration of nullity under article 36 (psychological incapacity).  50k for a package is cheap since for the psychologist alone 25k na plus appearance fee for at least 2 hearings, e yung sa abogado pa at kung minamalas-malas ka pa sa fiscal.

 

if both parties wanted the marriage to be dissolved, the easiest way is to file annulment based on intrinsic fraud, it's easy as one party alleging and the other admitting that he or she is gay and hid said fact to the other prior to the marriage.  but of course, there must be no signs of collusion or else, mahal na naman babayaran nyo kay fiscal.

<{POST_SNAPBACK}>

 

 

i do believe ang isa pang pampalaking gasto ay kung mag appeal ang OSG.

 

50k? mukhang sobrang baba yan. an accepatnce fee costs 100k na agad.

 

i could be wrong.

[transcience]

for the sake of discussion, what if the grounds of the annulment is infidelity? would that merit an annulment?

 

in my case, i still am legally married but have been separated for quite sometime. i have a healthy friendly relationship with the ex. the thought of annulment was raised before but have not progressed since then. i've asked lawyer friends for costing. cost and expenses range from php80k-php300k, fees obviously would depend on the lawyer.

 

guys, will appreciate your comments. thanks.

[transcience]

transcience, (and please mtc lawyers comments)

 

annulment is becoming a generic word when people intend to have a declaration of nullity under article 36 (psychological incapacity).  50k for a package is cheap since for the psychologist alone 25k na plus appearance fee for at least 2 hearings, e yung sa abogado pa at kung minamalas-malas ka pa sa fiscal.

 

if both parties wanted the marriage to be dissolved, the easiest way is to file annulment based on intrinsic fraud, it's easy as one party alleging and the other admitting that he or she is gay and hid said fact to the other prior to the marriage.  but of course, there must be no signs of collusion or else, mahal na naman babayaran nyo kay fiscal.

<{POST_SNAPBACK}>

 

aside from being gay, what else constitutes intrinsic fraud?

[tranzfixer]

aside from being gay, what else constitutes intrinsic fraud?

<{POST_SNAPBACK}>

 

drug addiction and alcohilism.

[tranzfixer]

having a sexually transmitted desease and impregnated by other man

[tranzfixer]

for the sake of discussion, what if the grounds of the annulment is infidelity? would that merit an annulment?

 

in my case, i still am legally married but have been separated for quite sometime. i have a healthy friendly relationship with the ex. the thought of annulment was raised before but have not progressed since then. i've asked lawyer friends for costing. cost and expenses range from php80k-php300k, fees obviously would depend on the lawyer.

 

guys, will appreciate your comments. thanks.

<{POST_SNAPBACK}>

 

wheww...i dont have my family code with me..but anyway as far as i remember there are few grounds for the granting of annulment and infedility is not among of them.. however it is a grounds for legal separation....

[transcience]

wheww...i dont have my family code with me..but anyway as far as i remember there are few grounds for the granting of annulment and infedility is not among of them.. however it is a grounds for legal separation....

<{POST_SNAPBACK}>

 

okay, i'm good as dead. either i profess i'm gay or claim that i've been sired by other men or whatever.

 

the law sucks. legal separation would neither sever the ties with the ex.

[jopoc]

okay, i'm good as dead. either i profess i'm gay or claim that i've been sired by other men or whatever.

 

the law sucks. legal separation would neither sever the ties with the ex.

<{POST_SNAPBACK}>

 

 

i suggest that you read the recent decision of antonio v. reyes, 10 march 2006. it will be helpful to your case. find it in supremecourt.gov.ph.

 

i will try to explain it if i get the time. sorry, im busy now.

[tranzfixer]

okay, i'm good as dead. either i profess i'm gay or claim that i've been sired by other men or whatever.

 

the law sucks. legal separation would neither sever the ties with the ex.

<{POST_SNAPBACK}>

yes sir, the law sucks until and unless our family code is ammended...

the spirit of the law according to our supreme court is the preservation of family being the smallest unit of the society.

in case of doubt in the interpretation of the law should be judge in favor of the preservation of family..

 

if you will notice gasgas na yung rason na pyschological incapacity kahit hindi talaga...and what is more irrational eh ung right of the goverment to inquire to the collusion of both parties in the annulment proceedings initiated by one of them.or to inquire to the validity of the grounds and evidence procured by both parties.. :mtc:

[blackwolf]

:cry:

 

i agree, courts are strict when it comes to severing the marital ties in our jurisdiction

[don_juan+]

damn... I need your help with this one... wish I could have my annulment soon... I want to be free again....