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Question Best Posts in Thread: Legal advice

  1. mokum

    mokum DI Senior Member

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    First is that that the other guy is taller, younger and stronger than me. Im 40 years old already, i think he is around 25, not on my best shape, kind of fat, and never fought before, if we dont count those brother agaisnt brother chilhood sh*t at home...

    Second is that im not alone on my complaints. There are 4 business owners with me complaining agaisnt the drivers and supporting me. One of them told me: "You did bad. You fought alone. You should wait for me to join you agaisnt him", so im not a crazy arrogant foreigner searching for problems. The police, the traffic officers, and the business owners support me, know all the story from the beggining and will talk on my favour in case of a court situation.

    The Baragany Captain also agreed with me when she hear my side of this story so far. Of course she needs to hear the other side, but what im asking now, and what i was asking for 5 months...everybody could understand, and i had the law on my side. The arrogant, provoking and unrespectfull people are the drivers, and everybody there knows that. Tomorrow i will go to traffic office and ask for the reports on their visit there, maybe they can give me any official paper that give me more "base" to my side. If we go to court, i will easily find people supporting me.

    You are right saying that is not a parking problem anymore. But you see, the mother f***** dont park there anymore.

    I pay my taxes, i give work to Dumaguetenyo people, and i have a private parking area that should not be blocked. If i have to go to court and say loudy and clear that i will fight again if the police dont defend my rights, ill do. We are foreigners, but since we live here we have the same rights than any filipino citizen.[/QUOTE]
    Imo you're absolutely right but also in the wrong. Many times I had to keep my fist deep in my pockets but a few times they flew out.
    The people here always scream" I get you in court or I get you deported" Give it time to sink in and they realize that they have been wrong too and that it's not easy to go to court(I found out) and time consuming. All you say above is in your profit and I think that when you put some bluff in, this will blow over. Just mention during the barangay session that you have a grave doubt in the validity of his drivers license, road safety certificate, transport route license, insurance ect. ect. This will set him thinking. A few months ago in a police hearing brought forwards by a habal-habal driver against my wife I mentioned this. Resulted in him making his excuses and begging my wife for forgiveness. Case dismissed.
     
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  2. Dave & Imp

    Dave & Imp DI Forum Patron Highly Rated Poster Showcase Reviewer

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    Yeap, to a significant extent it is serious. Maybe confrontation eye contact should have been the correct world. There are alternatives to chasing people around and causing fist fights.There are alternatives to becoming confrontational. Some foreigners run around acting arrogant with a sense of entitlement. Filipinos are know not to be confrontational to your face. They do not approach foreigners one on one. They come from behind in groups. Being arrogant and looking for trouble and confrontational is what motivates the Filipinos to gather in groups. Read the papers, and seem how many times someone is killed because of "a long standing grudge" in the Philippines. You can be active within the community, but you may want to consider how confrontational with in the community you really need to be. Treat the people friendly here and they will treat you friendly to you face also.

    The alternative is not to segregate ourselves from the population behind walls and having your groceries delivered but to treat people with respect. Is that hard to do? Realize that we live in basically a lawless vigilante type legal system in the Philippines. The law of the jungle is still the predominant law system here. (how many people have been found dead since Duterte was elected?) Like the jungle, the law is most active in the darkenss of night. Of the 32 people killed in Dumaguete last year, how many murders got solved here? I think none. It is survival of the most ruthless here at times. Go to the grocery store but do not get into a physical fight when some Filipino disrespects you by trying cut in front of you in line at the check out stand. Remember what we were taught in kindergarten.... "use your words, Charly". Those words still apply today. We live in a culture of emotions but must control our own emotions when we do not want to do so. Enjoy Dumaguete but do not expect people to kiss you feet because you are a foreigner, because you may be surprised. We lost most of our entitlements when we entered the Philippines. Just try to explain to the BI when you are late on one of your visas, that because you are a foreigner, you are entitled not pay a penalty. Remember you entitlements and get forceful when the x-ray machine operator just found a bullet in your luggage at Manila airport and you plane leaves in 5 minutes. Throw an emotional fit, confront people and it will all be resolved in a few hours, when your plane is half way to your destination, while you sit in an airport office with a useless plane ticket in your hand. We have all faced these unfair situations, whether in the grocery store line, the BI offices or the airport, but few have won using intimidating or of physical force in the long run. Blend in, smile and treat people with respect. That is the best alternative here in my opinion. It is not always fun, you will probably still get screwed at times, but it is safe mode to operate, in a unsafe society.

    An example of a fellow who decides he had a better approach was a Expat who was acting a little arrogant inside a local bar on Christmas Eve here last year. He slapped a few people around because he was big and had some US Military training. Generally he was not a bad guy, but that night he made some bad decisions. Something was bothering him, probably not even the guys he decided to slap, but we will probably never know the full story. Two or three people confronted him from his back side outside the bar with an empty bottle of Red Horse. The memorial services were held for him a week later. There were no Filipino witnesses but there was CCTV, and a visit to the local police by the FBI. There was international press coverage. Can you believe that no Filipinos came around to stand up for him as witness? One fellow is in jail, the another disappeared probably never to be found, remember there is no national ID system here yet. Yes my statement was serious. Cause trouble here with the locals and generally you will not be confronted face to face, but that does not mean their vengeance will not occur. There is a lot of Pinoy Pride here, and fighting fair is not part of the Pinoy Pride agenda. Just pull out your gun and protect yourself... oh sorry foreigners are not allowed to own guns. Few crimes against Expats are solved here... these things just fade away..... like the expat stabbed multiple times in Dauin a few weeks ago. We are not hearing much about that anymore..... while you enjoy the Philippines remember to blend in, smile and treat people with respect. (I actually think that works almost everywhere in the world). You do not have to be a wuss, but you do not have to be confrontational either. There is a middle ground which can provide an very enjoyable life.
     
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  3. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    I didn't say an @ss beating wasn't deserved. Proving to the court that he was legally justified in resorting to violence is what I'm talking about. Being a "tough guy" can be expensive. Beating the sh*t out of a filipino half your size doesn't really make you look all that tough though.
    It was not the last option....your emotions got the best of you.

    I would bet there is not a single witness that will say they were provoking you....my guess is they will all say quite the opposite. The story will be you were being an arrogant foreigner that was being loud, obnoxious and starting trouble. You will be lucky if this gets settled at the lower levels of the justice system here.

    You need to understand that this legal issues your emotions have gotten you in has absolutely nothing to do with the parking situation at this point. Right now you are fighting assault charges against a local.
     
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  4. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    IMO. you lost the second you told them to f*ck off and resorted to violence. There were much smarter ways of dealing with the issue. This issue you have now has absolutely nothing to to do with parking.
     
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  5. PatO

    PatO DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Marines

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    If it was me, I would want to avoid future issues with the driver, the other drivers who also park near your place, his buddies, two bad guys on a bike, etc. and would ask the barangay captain to help settle a low cost exit. I have heard that if it goes to court the judge may ask you to try and settle out of court anyway.
     
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  6. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    Well I guess you will find out if it was worth it or not after you become a bit more familiar with the Philippines judicial system and possibly the correctional system. My advice would be to get a lawyer ASAP and stop publicly admitting that you assaulted the guy. I'm quite sure a lawyer is going to tell you the exact same thing. Might be worth noting that if charges go forward against you you will be facing CRIMINAL charges. The only case you could bring up against the driver are CIVIL....and I'm almost certain you have much more to lose than a driver does.
     
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  7. DavyL200

    DavyL200 DI Forum Luminary ★ Global Mod ★ ★ Moderator ★ Highly Rated Poster Showcase Reviewer

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    The barangay issue can only be used if both party's live in that barangay for a start and attorneys are not allowed by law to attend barangay issues!
    Maybe a good idea to use the excuse your business is losing money due to the inconsiderate parking and counter file against him,that usually puts them off and the case If there is one may just disappear!
     
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    Last edited: Jul 28, 2016
  8. 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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  9. Chingon

    Chingon DI Member Restricted Account Showcase Reviewer

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    Good thoughts that i would agree if we were talking about a different situation.You are giving advices about what you think is the best behaviour that you can have here in this wonderful country.

    If someone drinks too much and make stupid decisions, something bad will happen to him/her most of the times. If you walk on the street like you are the owner of every stone on the ground or if you talk to people on a way that they feel slighted, nobody will love you and respect you. Everybody, i mean most of matured smart people, knows that. You will not win respect, love, support and peace acting with violence, arrogant or conceited so proud of yourself.

    But at the same time, you have to do what you think is right, or you will not sleep happy. If someone attacks you, your business or your family, you have to react, defend yourself and your interest on the best way you can. Keep the head down and avoid eye contact only converts you on a coward that will blame yourself every day. I would better comfront a criminal case on the court than running away with the tail between the legs.

    I came to live on this country because i love the filipinos hearts. Most of them are very nice people. I was tired of the bad feelings that i receive on my country every single day, stressed people, always hurrying to do a new thing, without smiles on other persons faces, praying to the Gold God, the money, and so on... And since i arrived, i acted with respect, patience and love for filipinos, because this is what i want for my life and family.

    So, the point is: i did what i had to do. I always avoid comfrontations, i believe on the power of the word and i use to find solutions to all my problems talking, but after 5 months of talk i was not advancing on the problem. So if this guy comes for me with his all entire family, i accept it. But i will not live on a bullying enviroment, ill fight back.
     
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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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