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HR & Administrative Hearing

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1 HR & Administrative Hearing on Wed May 18, 2011 9:14 pm

changel


Arresto Menor
Hi po attorney,
Issue po to regarding personal na nauwi sa office related case. I have a friend na may utang ako at dahil friend ko siya at sa utang, nag offer po ako na kung gusto niya mag apply sa work na bago kong pinapasukan, tutulungan ko siya kung gusto lang niya. After a week tumawag ang HR sa kanya 3 times at ayaw niya sagutin. To make the story short, cancel na lang. Before po niyan, meron ako pinadala sa kanya isang simple conversation about sa training na may attachment na passport information ng isang employee namin proof na pinapadala sa ibang bansa ang process owner than team leader. Late July last year dahil nagkaroon na kami prior personal issue, yung email na yun pinadala niya sa boss ko at sa ibang boss ng company. Nagkaroon ako ng written notice to explain at sinagot ko po yun in good faith na walang message from me yung forwarded email. May binanggit po siya dun na maybe I am a threat to my company and I brag for something. In the end, tinanggi niyang wala daw kami personal na issue but gusto niya lang i-notify ang employer ko. With that, meron ako dapat administrative hearing sa HR namin that time. Since probationary pa ko and under performance review may pumutok na ganun issue na dapat daw termination agad at hindi nila ako pwede i-regular.
With that po ba attorney, ano ang pwede ko i-resbak sa nanira sa reputation ko sa employer ko?
Thanks po sa advise.
Angel

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2 Re: HR & Administrative Hearing on Thu May 19, 2011 11:57 pm

attyLLL


moderator
To make the story short, cancel na lang. Before po niyan, meron ako pinadala sa kanya isang simple conversation about sa training na may attachment na passport information ng isang employee namin proof na pinapadala sa ibang bansa ang process owner than team leader.

I don't understand this part. what email is this? why did hyou send the passport info?

who said you should be terminated, your friend or the company?


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3 Re: HR & Administrative Hearing on Fri May 20, 2011 9:40 am

changel


Arresto Menor
Good Day Attorney,
Yun pong second part ng post ko actually may i-rephrase po sana ako but na send ko though the detail is the same.
Anyway, yun pong pagka forward ko nang passport number is only a short conversation from US counterpart which to my intention na pinadala ko lang para ipakita na heto yung evidence ng pag travel ng employee. Wala po talaga akong nilagay na message kasi meron na ko prior email about the travel at yung email lang na yun ang ginawang basehan ng managers ko. Sa policy po kasi ng employer, 1st offense is termination. Binaba lang nila sa negligence yung offense dahil yung NTE po explains it all and my good intention for employment of a friend. Actually tinignan ko ang email script just now, it was a notification or letter of invitiation from US but there's no attachment naman po.
Yun lang po atty. Salamat



Last edited by changel on Fri May 20, 2011 12:20 pm; edited 1 time in total (Reason for editing : Additional detail on the case/issue)

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4 Re: HR & Administrative Hearing on Fri May 20, 2011 8:56 pm

attyLLL


moderator
you can file a libel charge against her, but she will try to use the defense that it was privileged information. show that you had a personal matter so there was malice in her intent.


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5 Re: HR & Administrative Hearing on Fri May 20, 2011 11:08 pm

changel


Arresto Menor
Hi Po Attorney,
I can testify na personal yung nangyari talaga samin. In fact meron po siya pinadala sakin na CV/Resume niya prior to the start of my employment with the new employer. Last na sinabi nya sa email: "I have no personal issues with you and I only want to inform your employer. Stop sending me emails as I had requested I.T. to block your email address".
Lahat po na sinabi niya through emails meron akong copies kept sa yahoo folder at lahat po screenshots para patunay na hindi fabricated ang messages. Now you mentioned about libel, how would I start to engage on this case?
Thanks po sa advise.
Angel

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6 Re: HR & Administrative Hearing on Sat May 21, 2011 1:18 pm

attyLLL


moderator
you would have to prepare a complaint affidavit and file it at the prosecutor's office.


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7 Re: HR & Administrative Hearing on Sat May 21, 2011 2:04 pm

changel


Arresto Menor
Good Afternoon Attorney,
Thanks a lot po sa advise. In addition po dun sa pag review ko ng mga emails kanina, yung date ng email ko was March 26, 2010 but he forwarded that specific email only July 14, 2010. If he has no malicious intent, he immediately sent back the email a day or a week after he receives it. Since we had small personal issues, yun ang pinagbasehan ng management ng company ko.
Thanks po ulit.
Angel

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8 Re: HR & Administrative Hearing on Mon May 23, 2011 11:28 am

changel


Arresto Menor
Hello Po Attorney,
Question lang,
1. Would it still valid to file a complain/case even yung issue happened July 2010?
2. If yes for above, can I execute this complain in provincial prosecutor's office kahit ang incident sa NCR naganap?
Thanks for your advise,
Angel

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9 Re: HR & Administrative Hearing on Tue May 24, 2011 11:16 pm

attyLLL


moderator
you have one year from the incident to file a case at your residence at that time.


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10 Re: HR & Administrative Hearing on Wed May 25, 2011 1:44 am

changel


Arresto Menor
Hello Po Atty,
Meaning, I should file this case in Pasay City. Panu po yun attorney, nandito ako sa Davao. Hindi ko po ba ito pwede gawin dito sa amin at ipadala sa office niya ang letter of demand from prosecutor?
Thanks po.
Angel

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11 Re: HR & Administrative Hearing on Thu May 26, 2011 5:09 pm

attyLLL


moderator
you will have to prove that davao was your residence at the time of the incident.

were you just living temporarily in pasay? are you a voter in davao? what roots can you establish?


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12 Re: HR & Administrative Hearing on Thu May 26, 2011 5:28 pm

changel


Arresto Menor
Hi po attorney,
I am not a registered voter of Pasay. I've been working for years in Manila. So since nawalan ako ng work sa Manila, saka na muna ako umuwi ng Davao.
So I have no other choice but to file the case in Pasay. May I ask po kung ilang months matatapos ang case ng libel? and how much amount I could ask for damages?
Thank you po.
Angel

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13 Re: HR & Administrative Hearing on Thu May 26, 2011 5:38 pm

attyLLL


moderator
you can also file at the residence of the accused. preliminary investigation takes from 1-6 months. you can ask for any amount, as long as you are willing to pay for the filing fees. how much you will get will also depend on your evidence.


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14 Re: HR & Administrative Hearing on Thu May 26, 2011 5:43 pm

changel


Arresto Menor
Hi Attorney,
How much po ba yung filing fees? and saan po or kanino ito binabayaran?
Thanks po.
Angel

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15 Re: HR & Administrative Hearing on Thu May 26, 2011 5:45 pm

changel


Arresto Menor
Hi Attorney,
Can I file po ba sa office ng tao na yun? How much po ba yung filing fees? and saan po or kanino ito binabayaran?
Thanks po.
Angel

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16 Re: HR & Administrative Hearing on Thu May 26, 2011 5:51 pm

changel


Arresto Menor
Attorney,
Yung mga evidences ko po are the emails at naka screenshots po yun na galing sa kanya using his company email address. Would that be a strong evidence po ba?
Thank you po.
Angel

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17 Re: HR & Administrative Hearing on Thu May 26, 2011 5:55 pm

attyLLL


moderator
upon filing of the case, P1,000 at the prosecutor's office. if filed in court, around 3% of value of damages.

i said residence, not work place.

the normal defense is to deny that he is the owner of the account or that he was the one who posted the email. just be prepared for this defense.


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18 Re: HR & Administrative Hearing on Thu May 26, 2011 6:10 pm

changel


Arresto Menor
Hi po attorney,
Will prefer filing at the prosecutor's office na lang po kasi mahal pala pag sa court.
Dormitory lang po yung tinitirhan niya attorney sa Makati. He is from Iloilo City.
He cannot deny po yun attorney kasi I know we have assigned individual email and desktop plus a policy to lock desktop when leaving our desk. I was a former employee of the company so I know the policy governing use of email and desktop computer.
Thanks po.
Angel

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19 Re: HR & Administrative Hearing on Fri May 27, 2011 5:13 pm

attyLLL


moderator
sorry i was not clear, you pay P1000 first at the prosecutor's office. if the case is filed in court you pay the filing fees also for the civil damages.


_________________
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20 Re: HR & Administrative Hearing on Fri May 27, 2011 6:50 pm

changel


Arresto Menor
Good Day Attorney,
So the same fee of 3% from total damages applies when it was already filed sa court? Last few items ko po..:
1. Bakit po may civil damages? Para kanino po yun?
2. Pag lumagpas po ng July 14 yung filing ng kaso, magiging void na ba yun since July 14 last year ang incident?
3. Do I need to get a lawyer as well during filing of case? If yes, pwede po ba yung public attorney?
4. When filing a case with the prosecutor's office, do I need to present the evidences right away?
5. Pag hindi ko po natagpuan ang residence or dormitory address ng idemanda ko, hindi po ba talaga pwede i-address sa office niya yung letter?
Right now po I am in the process of communicating some friends sa loob ng office niya at sa school niya. If I can also obtain records from sss and b.i.r. which i think it could help bago ako pupunta ng NCR.
Thank you po ulit sa inyo.
Angel

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21 Re: HR & Administrative Hearing on Sat May 28, 2011 2:10 pm

attyLLL


moderator
civil damages are for you, the defamed person. up to you if you don't want to claim or how much.

i always recommend getting a lawyer, but it can be expensive. you have to produce at least photocopies of your evidence.

very risky to address it to the office, but if no other address, that can be used.


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22 Re: HR & Administrative Hearing on Sat May 28, 2011 2:54 pm

changel


Arresto Menor
Hello Attorney,
What about the date of the incident which occurred July 14, 2010? Pag lumagpas po ito this coming July 14, maging invalid complain na po ba ito as you mentioned one year?
Thank you.
Angel

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23 Re: HR & Administrative Hearing on Sat May 28, 2011 5:40 pm

attyLLL


moderator
yes


_________________
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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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24 Hi Attorney.. on Sat Apr 14, 2012 12:06 am

kyle30


Arresto Menor
Hi,

I would like to ask what do I need to do in an Admin Hearing? Is it ok to just keep my silence and just inform them that all of my answer are already in explanation letter?

Thank you,

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25 Re: HR & Administrative Hearing on Sun Apr 15, 2012 11:36 pm

attyLLL


moderator
yes that is fine, but if you have a good defense, it is better to try to argue your side.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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