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Question Legal advice

Discussion in 'Dumaguete City' started by Chingon, Jul 27, 2016.

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  1. Chingon

    Chingon DI Member Restricted Account Showcase Reviewer

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    Hello,
    some people here already knows that i have a business in Dumaguete. Everything goes good so far, except for the parking problems that i have been suffering since i open in February. That is more than 5 months trying to make understand the Easy Ride drivers that they can not block my parking because my customers deserve a clear access to it.
    So i patiently was asking them again and again to park where ever they want, but not in my f.... entrance.
    Some of them are good boys and stopped totally blocking my parking, and now just block partialy. Ok, im fine with that, Filipino style, no problem. But some of them, even when the Traffic officers was there 2 times already asking them to dont do it, they continue with the same attitude.
    On my building there are another 3 bussiness that agree with me that the drivers are a bunch of mother f.... that deserve die by stoning, but bassicaly they dont even complaint to the drivers any more. I am the only one trying to fight for our rights for our parking area. First talking with the drivers, second calling the traffic officers.

    So around 10/12 days ago i saw one of the bad boys blocking my entrance. I went down and ask him politely to please move the van from there. He ignored me and continue listening music. I asked again and he crossed the road to the other side just to dont listen me anymore. So i went there, ask him again, he said "f*ck you" and then we fought...yes, street fight... After the fight he moved his van.

    The p*ssy man went directly to the police, and then to a medical center to have a report of his wounds. Fine, he have the right to do so. So the police call me and i went there to explain my version of the story. The driver said he will go to the court and file a case agaisnt me. Fine. But before that, the police explained to me that Barangay Chief will call us to try to find a "friendly" conciliation. Im waiting for his call.

    I can manage in the court: hire a lawyer and make the judge understand that the driver was deliberately causing a conflict. According to this web: Penalties for slight physical injury | The Manila Times Online
    the penalty can not be high, the driver was working again after some days and was only minor wounds, i guess, i didnt see his medical report.

    But i have no idea how do the Barangay conciliation works. Can we bring Witness, people that saw what happen? will the Barangay chief ask for money in order to finish the problem? Does he have the power to finish the dispute or is just up to the driver?

    Should i also file a case agaisnt the driver for parking on my place willfully just trying to damage my business, open a conflict and ask for money?

    Recommendations will be welcome. Honestly im not afraid of what can happens. Two punches can not be a great problem, but i would prefer be ready for what is comming.

    Thanks
     
    Chingon, Jul 27, 2016
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  2. TheDude

    TheDude DI Forum Patron Highly Rated Poster

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    Since you already mentioned the lawyer, that's the way to go for legal advice. And sooner the better to have any discussion directed to your lawyer.

    I think their description of the barangay captain answers your question. The aim would be to reach a "friendly" conciliation. A handshake, that's it. These people have no power, no legal knowledge and are ultimately no better than grabbing anyone else to server as a mediator (from a legal perspective.)

    That said, barangay captains often serve this role and it's part of the local culture. I respect this and in principle I would like to cooperate. On the other hand, you need to protect yourself. Any agreement probably still should have a lawyer look it over to make sure that it will stand up to a challenge. You should also be careful about giving up information and doing things in writing which could be used against you.

    Ideally, you would just go to the barangay captain and ask (or make an offer) "how much" without admitting fault, giving details and not signing anything. It might be worth tossing out 1K for the possibility of never hearing from the guy again. By keeping your lips sealed, you aren't compromising yourself to a future challenge. Just straight to the point, how much?

    I think the situation is clear here though. Many of the locals work long hours and don't have resources. That they even mentioned the barangay captain just means they want a quick and simple resolution with a bit of cash.

    I'm betting the threat of going to court is just talk. If you were to tell them to F-off then you might not hear anything again. But probably just easiest to flip a small amount of cash and be done with it. The barangay captain shouldn't ask for money, but you might offer a donation.
     
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    TheDude, Jul 27, 2016
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    Chingon

    Chingon DI Member Restricted Account Showcase Reviewer

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    Hi,
    actually, going to the Barangay captain, is the step-by-step way to deal with this, before court. It was the police who told me that, not suggested by the driver. It is a "must", not a choice, i guess. Anyway, the driver insisted there that he will file the case anyway, maybe he changed his mind and want a friendly solution, but i dont think so because he is asking people around to testify on his side...

    Anyway, thanks for the suggestion. I will visit the Barangay captain as a sign of good behavior and see his oppinion. If the captain have no power at all will be stupid give money and then find myself on the court anyway.
     
    Chingon, Jul 27, 2016
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  4. Show Pony

    Show Pony DI Forum Patron Highly Rated Poster Showcase Reviewer

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    I have zero legal expertise so take what I suggest for what it's worth.
    You might waste a small amount getting legal advice you don't need however if this small problem gets out of hand. You could end up with a serious immigration problem in the future.
    A couple of thousand pesos for good advice seems like a good investment Imho.
    PS eyewitnesses are given a lot of credibility in this country.
     
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    Show Pony, Jul 27, 2016
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  5. TheDude

    TheDude DI Forum Patron Highly Rated Poster

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    Keep in mind that of the people you are dealing with...
    • Your language isn't their first language.
    • They know nothing about law beyond their immediate area of concern.
    • You're living in the land of confused and conflicting information.
    • The other party is going to do lob all the threats he can even though he may be talking put of his @ss.
    Katarungang Pambarangay - Wikipedia, the free encyclopedia

    They are viewed as the village elders. They also perform some minor judicial functions as part of Barangay Justice System, such as handling disputes between neighbors.
    ​
    Katarungang Pambarangay - Wikipedia, the free encyclopedia

    The barangay captain sits on the Lupon Tagapamayapa along with other barangay residents, which is the committee that decides disputes and other matters. They do not constitute a court as they do not have judicial powers.[2]
    ​
    They are telling you that you have to go through the Barangay captain first because that's the way they have always done things. That doesn't mean they have any real teeth.

    The most most effective way to deal with this (but not the cheapest) would be to get a lawyer and have them run everything through your lawyer.

    If you don't want to get a lawyer first, you could just ignore the barangay stage and wait for any court activity. That's the next step if the barangay can't deal with it. Maybe they'll give up and you'll never hear from them again.

    Personally, I would ask what the guy wants. Even if this goes to court anyways, it would be worth it to me (in time alone) to risk x pesos for the chance that this would get dropped. Again, I wouldn't even volunteer info or sign anything, just ask how much.

    I have dealt with a barangay captain before and it was a bit of a joke. These people know nothing about law. They did all speaking in Vasayan and they had a minor sign the agreement. I'm sure none of this would have stood up. I ended up just ignoring the agreement (it was a bullshit circus) and nothing else happened from it.
     
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    TheDude, Jul 27, 2016
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  6. Dave_Hounddriver

    Dave_Hounddriver DI Forum Luminary Highly Rated Poster

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    Dave_Hounddriver, Jul 27, 2016
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  7. okiebound

    okiebound DI Forum Adept Showcase Reviewer

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    The first step before someone can file a civil case in court is to go through the Barangay hearing. If there is no reconciliation at that level, after 2 "hearings" (if I recall correctly), then the Barangay captain will give the plaintiff a signed paper allowing them to proceed to file a court case.
     
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    okiebound, Jul 28, 2016
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  8. ex231

    ex231 DI Member

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    "But probably just easiest to flip a small amount of cash and be done with it. " .. until next time. And as with any free handout in the land of smiles and friendly people, there will be a next time.
     
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    ex231, Jul 28, 2016
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  9. gerry_bc

    gerry_bc DI Forum Adept

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    Unfortunately I have had experience in these matters. Barangay Captains are good for neighborhood issue, (stolen chickens, loud music, Etc), but anything that even has the slightest smell of a court action should be handled asap by an attorney. Even the Barangay meeting should be attended by your council. Anything your say there/promise or indicate can slap you in the face when this is in front of a fiscal (prosecutor) one day. tread very gently here. PM me if you want to meet and talk more/...
     
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    gerry_bc, Jul 28, 2016
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  10. TheDude

    TheDude DI Forum Patron Highly Rated Poster

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    Right, I'll borrow from the U.S. Miranda warnings a key item.

    Anything you say can be used against you in a court of law.

    By having them talk to your lawyer, you aren't saying anything. If you aren't talking, you are giving yourself less chances to screw up. That's true in dealing with legal issues, dealing with your girlfriend and dealing with tricky street situations where people want to hurt you.

    The Barangay Hall is a weird sort of pseudo court thing (but not really) where you might be lulled into talking by the more laid back environment without all the formal structure that a real court system has. But it doesn't matter where you are, flapping your jaws still gets you into trouble.
     
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    TheDude, Jul 28, 2016
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