Philippine Lawyer/Attorney Free Legal Advice On Line Philippines

Operation of gambling and other similar activities involving a game of chance are regulated activities by the government. There is a need for franchise from the legislative branch of governent or authorization from the grantee of franchise  before one can operate this type of business activities.  Therefore,  you cannot just operate it and start it through your own initiative. -- Atty. Reyes

I just wanna know if separation or resigning from work can be prohibited by just signing a 1 year contract? My friend whom I've left there, since I resigned first, at some point she cried because she can't resign from work. Although she had already given her resignation letter to the manager, but the manager refused. The manager asked somebody which is co-employee and a friend, to ask her to stay and forget about resigning. The one which convinced her not to resign, also submitted her resignation letter. The manager accepted it since the manager knew that she has been a leader of a  so called union there informally. She left without giving what she deserves. Almost 15k - 13th month pay, bonus, unused sick leave and salary. Just to leave there, she agreed not to get that money. And the manager made everybody signed the 1 year contract. The reason why everybody wants to resign is because of the benefits that they deserve but not given. And also because of a "very good actress" manager, she is perfect in making lies to look like truth,  I myself is a witness of it. 

 

So my question is, it is legal that the contract contains that the employee can't resign unless she serves the time stated in contract? it is okay for labor laws? or even in human rights? 

Thank you in advance! 

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good day attorney,

mag tatanong lang po ako regarding sa matter ng family ko..... may misunderstanding ang mga kapatid ng father ko at ang mga kapatid nya po sa naiwang lupa ng kanilang ama. may dalawang kapatid po ang papa ko na nag patayo ng bahay sa lupa na lolo ko na wala pahintulot ang mga tita ko. ano po ang maaaring magandang gawin sa mag nakatayong bahay dun sa lupa. ang gusto mangyare po sana ng ibang kapatid na maging legal ang sharing ng lupa. may karapatan po ba ang panganay na anak o ang nag iisang legal na lalaking anak ng lolo ko sa pag decide kung pano ang hatian? maari po bang i request na ipa wash out ang lahat ng bahay sa lupa na naiwan ng lolo ko para mapag hatian ng malinis ang lupa.. ano po ang magndang legal action ang dapat gawin sa problema po namen.. inakyat na po sa PAO ang reklamo ng mga nakatira sa lupa ng lolo ko sa ma kapatid nya na hindi na tirik sa lupa na yun. ano po ang magandang gawin please reply po
maraming salamat po....

My extensive final reply was sent to your e-mail on March 6, 2012. Please check . - Atty. Reyes
 

Message appended on March 6, 2012 10:56AM

Kung walang naiwang will o huling habilin ang namayapa at may ari ng lupa ang lahat ng anak niya, kasama ang kanyang asawa, kung buhay pa, ay may magkakaperehong parte sa lupa (equal shares) at lahat sila ay nagmaymayari ng lupa (co owners) Hindi pwedeng angkinin lang ng iilan ang kabuuan ng naiwang lupa . Maari itong hatiin sa pamamagitan ng partition at  kung sila ay magkasundo lahat na hatiin ito  sa labas ng hukuman walang utang or obligasyon nag nasabing lupa, ito ay tinatawag na extra judicial partition of estate kung magkaroon naman ng pagtatalo at hind umaayon ang iba na may karapatan sa lupa maaring dalhin sa court ang kaso as case of partition (judicial partition). May mga karampatang buwis din na babyaran para magkaroon ng legal at tamang hatian ng minanang lupa. Ang hatian ay hindi maaring base lang sa desisyon ng isa sa mga co owners.

hi attorney nag email po ako sau. name is junar thank u

Good Day Attorney

I have a case to consult. This is with regards to my previous employer. I've been with them for 2 years I filed my resignation last Jan 2012. Now I still have 4 leave credits left from the previous year which is 2011, They were strict about the policy that unused leaves from 2011 will not be carried over to 2012 but instead will be paid through cash to the employees. Now I've already received my back pay but they didn't included the 4 leaves that I have left. I've spoken with the rude HR manager who banged the phone down and told me that it is in the policy of the company that employees from their company who are resigned, terminated etc. are not entitled to get the cash in exchange for the unused leaves anymore. I told them that I am not aware of this policy, they said it is uploaded on the internal website that they have and only active employees can see it. I find it very unfair for them to rob me off my chance to get the encashment for my paid leaves. I already contacted DOLE and told me that I can file for a SENA. If I request for a money claim Do I have the chance to get the payment for my leaves?

                                                                                                                                                                                           -Jade

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kingslaw replied through PM

sir, mgkano po ang bbyran q s annulment of marriage?

kingslaw replied through PM

Gusto Ko Po Sanang Magtanong About The Annulment...Puede Po Kayang Ang Mother Ko Ang Mag Ayos Nito Kasi Malayo Po Ako Sa Ngayon Nandito Po Ako Sa Japan At Im Already Divorce Napo Ako Dito...Salamat Po Sana Po Mabigyan Nyo Ako Ng Payo God Bless Po...

Cases of nullity of marriage or recognition of foreign divorce under the present Rules and applicable decided cases by the Supreme Court require the personal appearance of the one filing it (petitioner). It cannot be delegated by means of special power of attorney to another.  You can however file the Petition even if you are abroad as long as you can go to the nearest Philippine consul in your place for the notarization of Petition; thereafter,  you can send it to the Philippines for filing by your lawyer. Then come home when the scheduled hearing for your appearance or testimony is set by the court.

Message appended on April 17, 2012 04:01PM

Cases of nullity of marriage or recognition of foreign divorce under the present Rules and applicable decided cases by the Supreme Court require the personal appearance of the one filing it (petitioner). It cannot be delegated by means of special power of attorney to another.  You can however file the Petition even if you are abroad as long as you can go to the nearest Philippine consul in your place for the notarization of Petition; thereafter,  you can send it to the Philippines for filing by your lawyer. Then come home when the scheduled hearing for your appearance or testimony is set by the court.

Maraming Salamat Po Sa Mga Payo Nyo...Sana Po Marami Pa Kaung Matulungan Sa Pamamagitan Ng Payo Nyo God Bless Po At Maraming Maraming Salamat Po Uli...

 

 

Please check your e-mail. I think I replied to it already.

Message appended on April 17, 2012 04:16PM

Same question was received in my PM Inbox. I replied to it already. Please check.

good afternoon attorney,



mag tatanong lang po ako regarding sa partition of lot. bali 5 sila mag hahati mag kakapatid.

sa lote na yon may 2 house na naka pwesto maaari po bang maalis ang mga naka pwesto sa lote na yun para mahati hati ng wasto ang hatian ng lote?

sino po ba ang may karapatang pumowesto sa harapan ng lote ang lalaking anak o ang panganay po ba. ang gusto ko po idulog sa inyo ay kung pwede po maialis ang mga bahay na naka pwesto na sa lote na yun..... please reply po



thanks,,,,,

Partition can be extra judicial or judicial. 

Extra-judicial when all the co owners can agree among themselves on the area that will be allocated to them and agree on how to deal with those with existing structure to compensate the co owner whose  was encroached. The document is called extra judicial settlement of estate and they can ask a geodetic engineer to prepare a partition plan to show the boundary and exactitude of the area allocated to each co owners. The estate or property must be free from any debts or liabilities to have this mode of partition. Otherwise, judicial partition is the proper remedy.

If the co owners disagree and arguing as regards the location, size, and amount of compensation for the area encroached by other co owners, then a suit for judicial partition can be filed by any of the co owners in court where the property is located. The court will resolve those issues and  through the commissioners that it will appoint will be the one to effect the partition  for the co owners.

  

Hi Attorney,

Mag tatanong lang po ako, my friend file a protest last baranggay election, nasa corte na po ongoing due process
gusto nay na pong mag back out sa kaso due to financial problem, ang tanong ko lang po eh kung mayroon sya financial liabilities sa protested party kung i uurong nya, thanks,

Hello Attorney Reyes,

I am an American who has been living with my Filipina fiance, as husband and wife, for 4 years, but have been together for over 5. We want to get married, but due to circumstances involving work and time, we haven't had a chance to procure the marriage license. The question is, can a foreigner and a Filipina be married under the family law article 76*, which forgoes the actuall need for a marriage license?

 *edit - it is article 34, not 76.

thank you for your time.

Sincerely,

Joe 

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Hi, atty... I've been separated for 10 yrs. now, and with regards to financial support to my daughter...ask ko lng if how much ang dapat na matanggap ng daughter ko(13yrs. old)? He's dad is earning 25K monthly. He has 2 kids also with a live-in partner who is also working. We're not yet legally annulled. Thanks and hope you can reply on this. Thanks.
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