legal Free Legal Advice

[transcience]

taking off from the previous post above me, do we have a law compelling the husband to provide financial support to his family i.e. children specifically, if in case marriage was nullified or the couple are legally separated?

 

in other countries where divorce is legal, i believe this is a must. but in the phils, people have the tendency to be lax in complying with laws etc.

[gulaman]

ano po pwedeng gawin dito,

 

*pag boot up ko PC lagi lumalabas -

CMOS/GPNV Checksum error

 

Press F1 to run setup

Press F2 to load default settings

 

 

*bakit pag itype ko www.google.com sa address bar minsan ang lalabas ay "http://?20%www.google.com/..." (parang ganyan) di ko tuloy ma-access ang google, ayaw pa rin kahit delete ko na mga cookies

ano kayang problema dyan at ano ang solusyon

 

Win XP ang OS, 128M ang RAM, 20GHD, 1.5G ang processor

[rebelyus]

ano po pwedeng gawin dito,

 

*pag boot up ko PC lagi lumalabas -

CMOS/GPNV Checksum error

 

Press F1 to run setup

Press F2 to load default settings

*bakit pag itype ko www.google.com sa address bar minsan ang lalabas ay "http://?20%www.google.com/..." (parang ganyan) di ko tuloy ma-access ang google, ayaw pa rin kahit delete ko na mga cookies

ano kayang problema dyan at ano ang solusyon

 

Win XP ang OS, 128M ang RAM, 20GHD, 1.5G ang processor

<{POST_SNAPBACK}>

 

 

check your cmos batt.... try to see ung settings ng browser mo....

[younghermit]

taking off from the previous post above me, do we have a law compelling the husband to provide financial support to his family i.e. children specifically, if in case marriage was nullified or the couple are legally separated?

 

in other countries where divorce is legal, i believe this is a must. but in the phils, people have the tendency to be lax in complying with laws etc.

<{POST_SNAPBACK}>

 

 

For starters, we have Title VIII of the Family Code on Support comprised of Articles 194 to 208.

Allow me to quote 2 fundamental provisions:

 

Article 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from the school, or to and from place of work.

 

Article 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceeding article:

1. The spouses;

2. Legitimate ascendants and descendants;

3. Parents and their legitimate children and the legitimate and illegitimate children of the latter;

4. Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and

5. Legitimate brothers and sisters whether of full or half-blood.

 

The Family Code's provisions on support addresses caeli's concerns.

Transcience's concerns are a litle more complicated since the dissolution of the marriage cuts the marital ties while it does not cut the parental ties. In other words, the children may still be supported while the ex-spouse may not unless there has been a pre-nuptial agreement specifying the obligation of one spouse to continue providing support even after the marriage has been terminated.

[younghermit]

xxx

is there any way they could make sure that their father would still be fulfilling his financial obligation to his family?

 

i hope i get a reply soon coz her dad is already threatening to sell her car. there are 5 kids in the family; 2 in college, 1 in high school, 2 in grade school.

<{POST_SNAPBACK}>

 

You may file a case in court for support in accordance with the Family Code as stated above.

 

Query: Who really owns the car, the father or the daughter? Assuming that the father owns the car, it may be considered conjugal/community property if it was bought after the marriage. In this case, the father could not just sell the property without the wife's consent, or else the sale may be voided.

[Firewolf9]

Mukhang tama ang Finance nyo. Iba kasi ang computation pag monthly na ang pagsuweldo mo kesa sa arawan.

 

Pag arawan ka kasi, No work no pay. Pag pinatrabaho ka during a holiday, entitled ka sa holiday pay (doble ng regular rate mo).

 

Yung sa monthly, yung formula pagcompute ng daily rate mo ay = (monthly salary x 12 months)/261 days.

 

Alam ng lahat, ang isang taon ay 365 days, pero ang divisor na ginagamit ay 261, hindi 365. Kasi, minemenos ng company mula sa 365 yung lahat ng day-off mo sa isang taon (52 weeks x 2 days pwer week = 104) sa pagcocompute ng daily rate mo. Kung 261 ang divisor, ibig sabihin kasama na sa computation o bayad na yung sampung (onse na yata ngayon dahil sa Eid al Fit'r) holiday sa suweldo mong natatanggap buwan buwan, kaya wala nang dagdag sa suweldo mo kahit pa bumagsak sa day off mo ang maundy thursday at good friday. Parang ang gulo, ano.

 

Hope this helps.

<{POST_SNAPBACK}>

 

 

 

Now I understand. I don't know if they use 261 as divisor to compute our salary because last year I get a doouble pay on christmas day and JR day. One more thing is that my co-workers get a double pay on Apr 14 and 15 eventhough we render 11 days on that cut-off. The only difference is that there day-off didn't fall into muandy thursday and good friday. But thanks anyway.. This may help a lot..

[fauxhead]

The divisor to be used for the computation of the daily rate of a monthly salaried employee depends on what is written on the employment contract. Where:

 

daily rate applicable = (monthly salary X 12) / applicable divisor

 

a. Without any qualification as to what is included, a monthly salaried employee is deemed paid for the actual working days (refer to the 1977 case of PAL vs PALEA). Therefore, subtract the following from 365 which are not considered working days:

 

51 - for those whose rest days falls on Sunday since the last Sunday of August is a regular holiday/ 103, if both Saturdays and Sundays are rest days

 

11 = no. of regular holidays

 

2 = no. of special days

 

Thus,

 

6-day workweek - 301

5-day workweek - 249

 

You should be paid holiday pay.

 

b. If the contract states that your monthly salary includes payment for the legal holidays, your divisor would be:

 

6-day workweek - 312

5-day workweek - 260

 

Note: Unlike holidays, there is no requirement to pay for special days if unworked. You are only given a premium of 30% if you work on that day. However, if your employment contract states that it considers them paid even if unworked, the divisor would be:

 

6-day workweek - 314

5-day workweek - 262

 

 

c. if your employment contract states that you are considered paid for all the days of the year, use 365.

[caeli]

You may file a case in court for support in accordance with the Family Code as stated above.

 

Query: Who really owns the car, the father or the daughter? Assuming that the father owns the car, it may be considered conjugal/community property if it was bought after the marriage. In this case, the father could not just sell the property without the wife's consent, or else the sale may be voided.

<{POST_SNAPBACK}>

thanks! the father bought the car but its under the name of his wife. so if i understood the article correctly, my friend is still entitled to get financial support from her dad even though she's no longer a minor?

[complicated8]

Hi All,

 

If nakasagasa ka ng tao. What are your options?

 

What if naareglo mo na? Tapos naghabol, how can you prevent this?

 

Thanks - kindly help. need legal options.

 

Thanks...

 

Moving this thread to the MTC Legal Thread where the resident lawyers can give you their informed and expert advice.

 

Thank you.

Edited May 1, 2006 by Wyld

[gulaman]

wala namang damage yong batery,

ano yong titingnan sa settings ng browser?

[Screwtape]

wala namang damage yong batery,

ano yong titingnan sa settings ng browser?

<{POST_SNAPBACK}>

 

 

1. Load your cmos defaults and see if there are still problems.

2. %20 is just a representation of the " " (space) character in a URL. Before you go mock with your browser settings, can you confirm that you can actually ping an outside IP?

[agentjackbauer]

Hi All,

 

If nakasagasa ka ng tao.  What are your options?

 

What if naareglo mo na?  Tapos naghabol, how can you prevent this?

 

Thanks - kindly help. need legal options.

 

Thanks...

 

Moving this thread to the MTC Legal Thread where the resident lawyers can give you their informed and expert advice.

 

Thank you.

<{POST_SNAPBACK}>

 

 

The reality is, you cant. One can only enter into a compromise agreement with regard to the civil liability. So kahit na naareglo pa yung kaso in the sense that you paid for the medical expenses and/or gave additional money for whatever reason, you cannot prevent the other party from filing a criminal case for reckless imprudence.

[complicated8]

Can't you get a waiver that the settlement concludes your obligations to the victim?

[Dr_PepPeR]

The reality is, you cant. One can only enter into a compromise agreement with regard to the civil liability. So kahit na naareglo pa yung kaso in the sense that you paid for the medical expenses and/or  gave additional money for whatever reason, you cannot prevent the other party from filing a criminal case for reckless imprudence.

<{POST_SNAPBACK}>

 

But the criminal complaint must be filed within a reasonable time. I don't remember whether there is a prescriptive period. Anyone?

[Dr_PepPeR]

Can't you get a waiver that the settlement concludes your obligations to the victim?

<{POST_SNAPBACK}>

 

A waiver will only work for the civil liability but will not condone criminal liability.l

[agentjackbauer]

But the criminal complaint must be filed within a reasonable time. I don't remember whether there is a prescriptive period. Anyone?

<{POST_SNAPBACK}>

 

If Im not mistaken, a criminal complaint for reckless imprudence resulting to damage to property and/or physical injuries prescribes in two months.

 

Please correct me if Im wrong:-)

[Dr_PepPeR]

If Im not mistaken, a criminal complaint for reckless imprudence resulting to damage to property and/or physical injuries prescribes in two months.

 

Please correct me if Im wrong:-)

<{POST_SNAPBACK}>

 

You're probably right. It's been such a long time!

[complicated8]

Is there a criminal complaint if the victim illegally crossed the street most of coastal road/C5/Edsa/etc? or a tricycle/pedicab is on a national road where they are not allowed?

 

What would be the condition?

[Dr_PepPeR]

Is there a criminal complaint if the victim illegally crossed the street most of coastal road/C5/Edsa/etc? or a tricycle/pedicab is on a national road where they are not allowed?

 

What would be the condition?

<{POST_SNAPBACK}>

 

Criminal liability would accrue if there occurs physical injuries or damage to property due to reckless imprudence. Even if there may be contributory negligence by the victim, such as violating an ordinance or law, a defendant would still be criminally liable if the injury or damage was caused by his/her reckless imprudence. What constitutes reckless imprudence will most likely depend on the particular circumstances of the incident and which may be drawn from the decisions of the courts in similar cases.

Edited May 2, 2006 by Dr_PepPeR

[pogingpogi]

mga sir paturo naman po magreformat mahirap po ba yun? kase singil dito sa min 700 pesos eh....

[Screwtape]

mga sir paturo naman po magreformat mahirap po ba yun? kase singil dito sa min 700 pesos eh....

<{POST_SNAPBACK}>

 

If this is a spare HD we're talking about, just plug it in as a second disk... jumper settings to slave of course. Then you can format from within Windows or from the command prompt.

 

If it's your primary disk, then you can create a boot diskette (or a Win98 startup disk). Dont remember if the file Format.com comes with the start up disk, but if not... you can manually copy it to the diskette. It is usually located under C:\windows\system32\ directory.

 

Boot up your PC from the diskette and then type "format c:" at the console. If you wish to repartition your disk before formatting then you need fdisk.exe

[complicated8]

thanks for the info...

[rstranger]

Follow-up lang po.

 

Just in case na may kilala kayong lawyer na may experience na sa pag-handle ng annullment, pahingi naman ng contact.

 

Thanks.

[Firewolf9]

The divisor to be used for the computation of the daily rate of a monthly salaried employee depends on what is written on the employment contract. Where:

 

daily rate applicable = (monthly salary X 12) / applicable divisor

 

a. Without any qualification as to what is included, a monthly salaried employee is deemed paid for the actual working days (refer to the 1977 case of PAL vs PALEA). Therefore, subtract the following from 365 which are not considered working days:

 

51  - for those whose rest days falls on Sunday since the last Sunday of August is a regular holiday/ 103, if both Saturdays and Sundays are rest days

 

11 = no. of regular holidays

 

2 = no. of special days

 

Thus,

 

6-day workweek - 301

5-day workweek - 249

 

You should be paid holiday pay.

 

b. If the contract states that your monthly salary includes payment for the legal holidays, your divisor would be:

 

6-day workweek - 312

5-day workweek - 260

 

Note: Unlike holidays, there is no requirement to pay for special days if unworked. You are only given a premium of 30% if you work on that day. However, if your employment contract states that it considers them paid even if unworked, the divisor would be:

6-day workweek - 314

5-day workweek - 262

c. if your employment contract  states that you are considered paid for all the days of the year, use 365.

<{POST_SNAPBACK}>

 

Thank you very much fauxhead :mtc: :thumbsupsmiley:

[gulaman]

sir, when i press F2(load default settings) ayos naman(tinutuloy na nya yong boot up)

*yong pag i-on ko yong pc, don lumalabas yong cheksum error...palagi

 

yes sir, nag rereply naman yong working website na pini ping ko