your legal problems here

[cast_no_shadow]

by hierarchy of courts, the SC is on top of the ladder. only the supreme court can alter, modify, or reverse its own decision.

oh men.

end of the road na pala yun.

badtrip.

thanks.

[Juan Martinez]

^kunin mo si estelito mendoza. the SC's is never final and everythin is possible kung siya abogado mo dun, as shown in the case of 10 cities and PALEA cases. and in recently, yung kaso ni enrile

[cast_no_shadow]

^kunin mo si estelito mendoza. the SC's is never final and everythin is possible kung siya abogado mo dun, as shown in the case of 10 cities and PALEA cases. and in recently, yung kaso ni enrile

haha not an option. ewan ko na mahina ata legal team namen.

[Juan Martinez]

up this thread. if you guys have some legal problems, i'm back.

this is kawang-gawa.

[crazy_boy]

up this thread. if you guys have some legal problems, i'm back.

this is kawang-gawa.

welcome back sir JM!

[silver V]

^welcome back atty,sir


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[Juan Martinez]

thank you all guys for the welcome! ☺

[EQAddict]

Welcome back Jm!!!!!!!!!!!!! Been awhile


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[jack_husain]

Bok, welcome back. You're right, right is might, not might is right.

[luigieg]

Atty jm I hope you can give advice to my wife.

My wife filed a 30 day notice of resignation with her former employer last June 1, 2016. During the 30 day period, she turned over her clients to her replacement, finished all her pending tasks and completed her clearance from the different departments. When July 1, 2016 came, she got her clearance and had an exit interview as well necessary to process her final pay. The normal processing of final pay with her former employer is 30 working days (as per company policy).

Anyway, more than 30 working days have passed and she found out from the HR department that her final pay is being held. According to them, her former boss is objecting to the release of her final pay for reasons she cant understand. She tried contacting them but to no avail.

Her final pay includes her June 30 salary (already worked for), unused VL and SL conversion and other items that I already forgot (sorry).

Can they do this arbitrarily? My wife feels that she is not being treated fairly because other people who resigned got their final pay easily.

Well my wife is already working for a different employer since July 4 and she is wondering what her options are. Money is important but what is more important for her is to make sure that they dont get away with this for they may do this again in the future to others.

Thanks for any advice you can give. Have a nice day

[Juan Martinez]

Atty jm I hope you can give advice to my wife.

My wife filed a 30 day notice of resignation with her former employer last June 1, 2016. During the 30 day period, she turned over her clients to her replacement, finished all her pending tasks and completed her clearance from the different departments. When July 1, 2016 came, she got her clearance and had an exit interview as well necessary to process her final pay. The normal processing of final pay with her former employer is 30 working days (as per company policy).

Anyway, more than 30 working days have passed and she found out from the HR department that her final pay is being held. According to them, her former boss is objecting to the release of her final pay for reasons she cant understand. She tried contacting them but to no avail.

Her final pay includes her June 30 salary (already worked for), unused VL and SL conversion and other items that I already forgot (sorry).

Can they do this arbitrarily? My wife feels that she is not being treated fairly because other people who resigned got their final pay easily.

Well my wife is already working for a different employer since July 4 and she is wondering what her options are. Money is important but what is more important for her is to make sure that they dont get away with this for they may do this again in the future to others.

Thanks for any advice you can give. Have a nice day

bro, tell your wife to write the HR a formal letter requesting for the release of her salary and other emoluments due to her, including, but not limited to, the monetary conversion of her unused sick and vacation leaves. tell your wife to indicate in her formal demand letter that she expects the release of the said amount within three (3) days from receipt of her letter by the HR, otherwise she will be constrained to file a labor case for illegal withholding of salary and other emoluments and damages with the Regional Arbitration Board (RAB)- National Labor Relations Commission (NLRC).

Note:

Just in case her former employer will not heed to your wife's demand, you need not go to a lawyer to file the labor case. all you need to do is to go to the RAB-NLRC nearest to your wife's workplace and file personally the case by filling up the complaint form to be made available to you by the RAB-NLRC officer of the day.

i hope i have sufficiently advised you on the matter.

very truly yours,

Juan Martinez

[luigieg]

Thanks for your help. Highly appreciated.

[luigieg]

Just to update Atty. Jm, company paid up during SEnA arbitration. Thanks again

[archangels]

Good day tsikoteers!

tanong lang po. I don't know if this is the right thread pabura na lang kung mali.

ganito kasi, may kotse kami ng wife ko pero naka pangalan sa parents ko. pero kami talaga ang nagbabayad nun since day one.

1. pwede ba sya ilipat sa name namin mag asawa kahit naka encumbered pa yung or/cr
2. kung hindi naman pwede ipangalan samin, meron bang papers like special power of attorney etc. na pwede kami makipag transact like sa mga casa na kami na lang ang pipirma para hindi na hassle kay erpats
3. "authorization to use the vehicle" lang ang meron ako at yung or/cr nasa akin. OK na ba yun? pwede ko na ibyahe yung kotse namin pero hindi naka pangalan sa amin?

salamat po sa sasagot.

[dreamur]

Not a lawyer here but I think you cannot transfer it while the car is still under emcumbrance. You need to pay it full, have the dox cleared and execute a deed of sale.

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➰Shine the light➰
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[dr. d]

Good day tsikoteers!

tanong lang po. I don't know if this is the right thread pabura na lang kung mali.

ganito kasi, may kotse kami ng wife ko pero naka pangalan sa parents ko. pero kami talaga ang nagbabayad nun since day one.

1. pwede ba sya ilipat sa name namin mag asawa kahit naka encumbered pa yung or/cr
2. kung hindi naman pwede ipangalan samin, meron bang papers like special power of attorney etc. na pwede kami makipag transact like sa mga casa na kami na lang ang pipirma para hindi na hassle kay erpats
3. "authorization to use the vehicle" lang ang meron ako at yung or/cr nasa akin. OK na ba yun? pwede ko na ibyahe yung kotse namin pero hindi naka pangalan sa amin?

salamat po sa sasagot.

technically, because it is mortaged to the bank, the bank owns the car. go to the bank if you want to assume all responsibility and ownership. of course, both the bank and your dad have to agree, on paper. and if i am to believe what i see in these threads, it might be "not that simple".

but if you will just use it and have it serviced in the casa, i see no problem. just say "it's dad's car, and he let us use it. in return, we are having it serviced for him. here's the written permission if you feel it is necessary...".
my son and i, do it all the time.

[cardict]

Pahelp sir atty JM,yung oto ko,kakatapos lang ng financing last month(sept,car acquired 2012) problema ,starting 2015,ng magrenew ako ng registration,I ba naging address sa OR,try ko binalik sa LTO to correct this,ginawa nila binura yung erroneous address and typed my correct present address and then counter signed it,this year,renew ulit ako ,Pedro lumabas ulit sa OR ko yung maling address kaya balik ulit ako sa LTO para magreklamo,sagot nila,it all started ng magbayad ng chattel mortgage noon 2013,tinawagan ko bangko to clear this thing,at sagot nila correct daw yun address ko sa mga orig na or/ car na nasa kanila,ngayon na file ko na cancelation ng encumbrance sa RD and about to go to LTO where the the car is first registered,ngayon po,pag punta ko po ba doon mayos yung problema ko sa address ,what supporting documents needed to prove na Mali yung address sa renewal ko,need to be enlighten on this attyJM,Tia

[archangels]

technically, because it is mortaged to the bank, the bank owns the car. go to the bank if you want to assume all responsibility and ownership. of course, both the bank and your dad have to agree, on paper. and if i am to believe what i see in these threads, it might be "not that simple".

but if you will just use it and have it serviced in the casa, i see no problem. just say "it's dad's car, and he let us use it. in return, we are having it serviced for him. here's the written permission if you feel it is necessary...".
my son and i, do it all the time.

thanks dr. d.

i rest my case then, ok na kahit di na naka pangalan sa amin.
with regards naman sa casa ok lang naman na nga siguro yung authorization, kahit di na kasama si erpats. the last PMS kasi sinama ko pa sya to sign all papers.

another newbie question, example lang may check point or mahuli kami at maghanap ng ownership/ papeles. ok na rin ba yung authorization? baka kasi sabihin carnap yung kotse dahil hindi naka pangalan sa amin. hehe!

[dr. d]

thanks dr. d.

i rest my case then, ok na kahit di na naka pangalan sa amin.
with regards naman sa casa ok lang naman na nga siguro yung authorization, kahit di na kasama si erpats. the last PMS kasi sinama ko pa sya to sign all papers.

another newbie question, example lang may check point or mahuli kami at maghanap ng ownership/ papeles. ok na rin ba yung authorization? baka kasi sabihin carnap yung kotse dahil hindi naka pangalan sa amin. hehe!

it's ok. "it's my dad's car! i'm his son!"
think of the family drivers, driving their marsters' cars, with nary a document...

[Juan Martinez]

Just to update Atty. Jm, company paid up during SEnA arbitration. Thanks again

that's great news. you're welcome