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Free Legal Advice


Butsoy

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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.

 

 

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.

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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.

 

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

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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?

 

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

 

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

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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.

 

Thank you very much fauxhead :mtc: :thumbsupsmiley:

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