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I need help....

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1 I need help.... on Fri Feb 10, 2012 12:56 am

cgeorge


Arresto Menor
My american employer has a small call center business but i think he doesn't have any permit to operate. He doesn't give monetary benefits,no double pay, no contract. can we sue him for any illegalities?

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2 Re: I need help.... on Fri Feb 10, 2012 1:32 am

michaelove12


Arresto Menor
ofcourse it's like buying or selling a car without a receipt. riding a taxi not giving you a receipt.
no receipt means not paying taxes to the goverment.
You can start sueing him from not giving you a work contract, even if you are in OJT on the job training you should still have a contract then you will know what are your benefits like you were saying from above.

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3 I need help.... on Fri Feb 10, 2012 3:28 am

cgeorge


Arresto Menor
The "call center company" is established here in Clark Freeport, i don't know where and how to start filing a complain. and what case can i file?

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4 Re: I need help.... on Mon Feb 20, 2012 1:54 am

redpula


Prision Correccional
start conducting research in particular, look for the sec registration of the company and ask dti if said center is legal and complied all the requirements to operate a call center company. Then, have in hand all the evidence and file it with the dti for conducting business without a license to operate or if in case it is not register with the sec, it very much glaring that it has no legal personality to established any business enterprise in the country even if it is located in clark freeport, also check the requirements of the clark freeport zone since it is within their jurisdiction.

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5 Re: I need help.... on Mon Feb 20, 2012 2:16 pm

thomaspialda


Arresto Menor
i have this problem regarding to the person who rented a portion of our lot in our compound for only 1thousand a month,, according to my dad they will build there building using lite material but the they build a concrete building. they made a contract that will rent for 8 years, and my dad singed the contract sir is it possible to change the contract? because the contract they have is not legal, there is no notary from a legal councel sir... pls help me on this sir..

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6 Re: I need help.... on Wed Feb 22, 2012 7:34 pm

JDeguzman


Arresto Menor
Hi Sir/Ma'am

I would like to ask for an advice. I have a loan to a specific person and not a lending company, i agreed to a 10% interest monthly. I have a first a loan of 35k and then i added another 25k and afterwards added again 33k. The first loan took me almost 3 years to pay the principal but been paying the monthly interest of 3,500 and then the 2nd and 3rd loan was also been paying the monthly interest. I have issued a check payment equal to the principal amount of the loan but the interest was cash payment on a monthly basis/due date. Due to bancruptcy of my business my 2nd and 3rd loan was not yet been settled but still been sending payment for the interest but not exactly on the duedate. Because im having a difficulty to comply with the regular due interest i talked to the person that i will pay the principal in installment form and then whatever interest it will acquire will be paid after the principal amount was settled and so she agreed. Last December 2011 i issued again[aside from the check issued for the principal loan] 4 checks for the staggard payment which will be due every week. The 3 checks was cleared that month of December but the other one was not deposited due to no signature according to her she want me to replaced it with cash that day i ask her during that time that i don't fund/cash to replace it. After 3 weeks she texted me that she will file a case for me and that she will not allow any staggard payment anymore because i didnt comply with the agreement that we had, i told her that i am sending a payment end of that week but she insist on the filling of the case. Due to financial constraint we leave no choice but to leave the house that during that time we were renting because of overdues and does not knowing that time she seriously taken the filling of the case against me the summon was returned because nobody received it since February 5 we are not occupying the placed anymore. So she texted me that the letter was returned and that she will file another case of BP22 even how much i ask for settlement she insists the filling of the case against me maybe because her husband is a fiscal also. Is my case subject for BP22 case? I know that the loan is subject for small claims but BP22 im not aware. I need a reply for this please please. Thanks

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7 Re: I need help.... on Thu Mar 01, 2012 2:08 am

redpula


Prision Correccional
@jdeguzman, i am not a lawyer but only a law student, based on the narration you've made, your situation is simply a case of accumulation of loan, as what the law say with regards to interest; ANY interest MUST BE IN WRITING and not a mere agreement, as far the situation stated by you, the condition of your loan is simply based on consensual agreement, if there is any written agreement with regards to this then you can ask for a restructuring of loan but since you made your payments in check, technically, you may be held liable under BP 22, the purpose of such law is not for the debtor neither the creditor on issue related to loan but the issuance is made punishable to protect banking instruments since it is reposed with public interest and you can not raise the defense of your willingness to perform your obligation by issuing such checks, the person may also file an estafa case against you for not informing the person of the place the presumption is that you left the place to defraud your creditor. You need to talk and level with your creditor, the person has all the right to file charges against you since you have shown bad faith to negotiate, and plead with the person so that any action may be averted and settle it amicably.

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8 Re: I need help.... on Thu Mar 01, 2012 2:10 am

redpula


Prision Correccional
@thomaspialda, what is the nature of the rent your talking about, is it a lease? or there is an instrument/contract authorizing the lessee to enter to any transaction related to the use of the said property to any person?.

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9 Re: I need help.... Today at 8:53 am

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