Legal Guide Philippines

Have you ever signed a document, had it notarized, and wondered...

What's the purpose of all this?  Do we really need to have our documents notarized all the time? 

Everyone, at some point in their life,  has or will experience going to the notary and having their document notarized.  

We can find notaries everywhere, from the big law offices in Makati and BGC to the side streets close to city hall.   

So our question for today comes from our anonymous reader, whom we will call "Jhun-jhun" and he writes:

“Attorney, I lent my friend a big amount of money. Nahihiya po ako to say kung magkano (I’m ashamed to say how much it is).  We signed a document where my friend acknowledged that he owes me the amount.  When my wife learned about it, she got angry because we did not notarize the document.  Her friend told her that our “kasulatan” is invalid because we did not notarize it. What can I do? Help me please. ”

if you were wondering about the same thing as Jhun-Jhun, stick around.

This episode is brought to you by "Notary not included" a guide to the 7 most requested legal forms. 

It's a book that teaches what legal documents do, how they're made, and what to look out for. The book also includes downloadable soft copy templates which you ca,n use for yourself. 

Let legal documents help you with everyday life. Go to info.legalguide.ph/notary to learn more.

*Disclaimer*

The information contained in this presentation is provided for informational purposes only, and should not be construed as legal advice. We do not guarantee any results, and the information on this presentation may not constitute the most up-to-date legal or other information. you should not act on the basis of any content included without seeking legal or professional advice. Only your attorney can provide assurances that the information contained herein - and your interpretation of it - is applicable or appropriate to your particular situation.

Are you considering putting your property in the name of your kids (by selling or donation) as some sort of succession planning tool?

We hear this all the time. Parents buying properties, thinking of their children’s future, putting it in the names of their kids so that even as kids, they already have assets.  

So our question for today comes from Lani H, and she writes:

“Attorney, If parents sold the property to one of their children; do they need other children's consent?  It is useful because nowadays, one sibling can just persuade his/her parents to sell their property to him which serves as a home to other siblings. When the Deed of Sale is executed and the ownership is transferred, the sibling who bought the property can evict even his parents and his other siblings.”

If you were wondering about the same thing, stick around.

This video was brought to you by the free Legal Guide to Estate Settlement documents. It's a checklist of the documents you will need when settling the estate of a loved one. 

Grab your free copy at info.legalguide.ph/estatedocuments today.

*Disclaimer*

The information contained in this presentation is provided for informational purposes only, and should not be construed as legal advice. We do not guarantee any results, and the information on this presentation may not constitute the most up-to-date legal or other information. you should not act on the basis of any content included without seeking legal or professional advice. Only your attorney can provide assurances that the information contained herein - and your interpretation of it - is applicable or appropriate to your particular situation.

If the employee resigns and they've completed the turnover, are they required to stay?

How can they leave even if the 30-day turnover isn't done yet?

A lot of resigning (or about to resign employees) have this on their mind just like our reader, Kira, who asks:

"Atty, I have recently resigned from my job due to family matters and conflicts. I gave the resignation letter to our manager on the same date. I also endorsed and turned over all the files to my co-workers. I asked my boss if I can just render a 1-day turnover, to which he said no. I said that I won't come back anymore. Can I do that? Can I still get my COE and final pay?"

If you're thinking the same thing, stick around as we tackle these questions today.

This episode is brought to you our free Legal Guide to writing Resignation Letters. It's a free online workshop that gives you a template for writing legally compliant resignation letters and teaches you the reasons for each part. 

It also gives you a template that you can use. We'll help you resign properly. 

Enroll for free at info.legalguide.ph/resignationletter to get your free template and orientation today.

*Disclaimer*

The information contained in this presentation is provided for informational purposes only, and should not be construed as legal advice. We do not guarantee any results, and the information on this presentation may not constitute the most up-to-date legal or other information. you should not act on the basis of any content included without seeking legal or professional advice. Only your attorney can provide assurances that the information contained herein - and your interpretation of it - is applicable or appropriate to your particular situation.

How do you terminate an employee properly in the Philippines? Are there requirements that need my attention as a boss?

This seems to be a recurring question from our readers and clients so we decided to make a video out of it. 

Just like our reader, Kyle, who asks:

Attorney, I have an employee that committed a violation at work. I was about to tell him "You're fired!" but my business partner held me back and told me to calm down. She also told me to follow due process, but I have no idea what that means. Can you help me?"

If you're thinking the same thing, stick around as we tackle these questions today.

This episode is brought to you by "The Complete Employee Discipline System" A book that teaches owners, managers, and supervisors how to handle any offense easily and systematically. 

It provides step-by-step procedures from incident reports all the way to the clearance process. Stand your ground and discipline with confidence. 

Go to info.legalguide.ph/discipline to learn more.

*Disclaimer*

The information contained in this presentation is provided for informational purposes only, and should not be construed as legal advice. We do not guarantee any results, and the information on this presentation may not constitute the most up-to-date legal or other information. you should not act on the basis of any content included without seeking legal or professional advice. Only your attorney can provide assurances that the information contained herein - and your interpretation of it - is applicable or appropriate to your particular situation.

So you've passed your resignation papers, and you're now turning them over with your previous employer.

But you're wondering "What am I supposed to be doing right now?"

Just like our reader, Luchiel, who asks:

"I just want to clarify things regarding my resignation. My employer asked me to present a report to the board of directors because my manager can’t report it. Am I allowed to decline because I am just an associate? 

Second, should I just do my turnover and clearance during this period and not do the "business as usual" because I already have a replacement. Thank you for answering. I really need some advice."

If you're thinking the same thing, stick around as we tackle these questions today.

This episode is brought to you by "The Complete Employee Discipline System" A book that teaches owners, managers, and supervisors how to handle any offense easily and systematically. It provides step-by-step procedures from incident reports all the way to the clearance process. Stand your ground and discipline with confidence. 

Go to info.legalguide.ph/discipline to learn more.

*Disclaimer*

The information contained in this presentation is provided for informational purposes only, and should not be construed as legal advice. We do not guarantee any results, and the information on this presentation may not constitute the most up-to-date legal or other information. you should not act on the basis of any content included without seeking legal or professional advice. Only your attorney can provide assurances that the information contained herein - and your interpretation of it - is applicable or appropriate to your particular situation.

A good indicator that a business is being run professionally is if they issue employment contracts to employees.

It takes a mature business to realize the value of an employment contract and use it to make its legal systems easier to run.

But the employment contract leads to so many misconceptions, both on the employer's and the employee's side.

One of the most common questions we get on our site is a variation of:

"Attorney, my employer didn't issue me an employment contract. Can I immediately resign?"

Or on the side of the employer, they ask: "Attorney, I want to terminate an employee. I didn't issue him an employment contract. Can I just remove him now?"

If you've been wondering about the same things because of the lack of an employment contract, stay tuned.

This video was brought to you by "How to draft a probationary contract" an online workshop that teaches owners, managers, and supervisors how to create the most important contract during recruitment.

This course covers the key features and clauses you need to include as well as tips and best practices to make your life as a recruiting officer easier. Draft your next probationary contract in minutes. Go to info.legalguide.ph/probationary to learn more.

*Disclaimer*

The information contained in this presentation is provided for informational purposes only, and should not be construed as legal advice. We do not guarantee any results, and the information on this presentation may not constitute the most up-to-date legal or other information. you should not act on the basis of any content included without seeking legal or professional advice. Only your attorney can provide assurances that the information contained herein - and your interpretation of it - is applicable or appropriate to your particular situation.

They say that "The key to a happy life is a happy wife.” That's for romantic relationships, but I think that principle applies equally to business relationships. Having a good partner ensures that all of your actions are in line and you can focus on external challenges as a team.

This is one of the things our student, Sam, was thinking of when he asked:

"Attorney, I'm currently setting up a business and I want to ask a friend to be one of my business partners. But since this is the first time I'm doing this, I'm not sure if this is the right direction. What should I look for in a business partner so that we can have a prosperous and legally-smooth business together?"

If you're in a similar situation as Sam, stick around to find out.

This episode is brought to you by the "Putting up a Corporation" workshop, an online course that orients you on the basics of starting a company in the Philippines. It talks about what is a corporation exactly, what are the things you should decide on first before making the leap, and what is the procedure to expect when processing the papers.

Get your business started right. Go to info.legalguide.ph/corporation to learn more.

*Disclaimer*

The information contained in this presentation is provided for informational purposes only, and should not be construed as legal advice. We do not guarantee any results, and the information on this presentation may not constitute the most up-to-date legal or other information. you should not act on the basis of any content included without seeking legal or professional advice. Only your attorney can provide assurances that the information contained herein - and your interpretation of it - is applicable or appropriate to your particular situation.

If you're buying real property such as a lot,  condo or house, then congratulations! It's going to be helpful if you're confident with all of the documents and the title transfer process. At some point in the process, you will encounter the CONTRACT TO SELL, one of the most common legal documents out there.  

But some people ask, "What exactly is a Contract to sell?" Most people keep signing it without understanding what it's for. Sometimes they ask "How is this different from a Deed of Absolute Sale? How do i make one and ensure that it contains everything that i need."  If you're asking the same thing, then stick around as we talk about it on today's episode.   This episode is brought to you by "Notary not included" a guide to the 7 most requested legal forms. It's a book that teaches what legal documents do, how they're made and what to look out for. The book also includes downloadable soft copy templates which you can use for yourself. Let legal documents help you with everyday life. 

Go to info.legalguide.ph/notary to learn more.   

*Disclamer*

The information contained in this presentation is provided for informational purpose only, and should not be construed as legal advice. We do not guarantee any results, and the information on this presentation may not constitute the most-up-to-date legal or other information. you should not act on the basis on any content included without seeking legal or professional advice. Only your attorney can provide assurances that the information contained herein - and your interpretation of it - is applicable or appropriate to your particular situation.

So, how many of you have family properties that are still in the name of your grandparents... Or, worse, how about great grandparents? Yeah.

How many of you are worried that the government will charge you so much in back taxes and fees?

There's a lot.

Now, how many of you would like to get all of these issues settled legally with the most minimum taxes?

That has the most amount. Day in, and day out we see this.

Families don't transfer their properties from their parents or grandparents because they're all afraid of how much it will cost.

So what happens? Many times they ignore the issue or leave the problem to the next generation.

Usually, some of the kids from the next generation, go abroad, build their lives there and only deal with the problem when there is someone offering them to buy the property here in the Philippines.

And this is exactly the situation of one of our readers, Elaine G.

"Attorney, my mom, and her siblings inherited property from our disease lolo sometime in 2001.

It was our ancestral home, located in a town center. They didn't do anything to transfer the title to them. They recently decided to sell the property and got a very good offer.

We found out that we still need to pay estate taxes from when my lolo died.

This is potentially very big since he died in 2001. Is there any way to get a discount or some consideration from the tax?

My mom is currently living in the US and had no idea that this needed to be paid at the time. It seems unfair that we will now have to pay for this. Is there something that we can bring or ask the BIR to do to get any discounts or deductions?"

If you or anyone in your family is in a similar situation as Elaine, stay tuned.

This video is brought to you by the Estate Settlement Guide. The fastest

way to Orient surviving family members when a loved one passes away.

You will learn the basics of succession to know who can inherit and how much it will guide you through the next steps your family needs to take so you don't incur penalties and you transfer the property to the heirs properly protect your family legacy, avoid unnecessary penalties.

Go to info.legalguide.ph/estate to learn more.

*Disclaimer*

The information contained in this presentation is provided for informational purposes only, and should not be construed as legal advice. We do not guarantee any results, and the information on this presentation may not constitute the most up-to-date legal or other information. you should not act on the basis of any content included without seeking legal or professional advice. Only your attorney can provide assurances that the information contained herein - and your interpretation of it - is applicable or appropriate to your particular situation.

It's nice when you have enough time to take care of everything in your life, from your business to personal transactions, or even deal with the government.  

Having an abundance of time is such a great blessing.  But, what if you have some things to look out for?  But you're too busy to get it done? 

What if you have to claim a document from a government agency and you just can't get a leave from work?  

What if you need to apply for something important?  But things at the household are keeping you there.  

Now, this is exactly what one of our top fans, Sheigh M...  

"Attorney, I often encounter anSPA when it comes to banks and government agencies.  I just comply with it to get the transaction over with. But I've always been curious about what it meant and how to make it myself.  Now, I may need it because I'm going to the province but my condo is in the middle of being sold.  What if a buyer comes in while I'm not there?  Can you help me authorize my brother so that he can act in my place?"

 If you ever found yourself in the same situation as Sheigh,  Stick around as we explain this.  

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Do you want to have a guide to the most requested legal forms/documents? Let legal documents help you with everyday life.  

Go to info.legalguide.ph/notary to learn more. 

*Disclaimer*

The information contained in this presentation is provided for informational purposes only, and should not be construed as legal advice. We do not guarantee any results, and the information on this presentation may not constitute the most up-to-date legal or other information. you should not act on the basis of any content included without seeking legal or professional advice. Only your attorney can provide assurances that the information contained herein - and your interpretation of it - is applicable or appropriate to your particular situation.