Question Best Posts in Thread: Legal advice

A business owner's actions, attitudes, and words not only reflect upon him, but his business also. The commercial/advertisement value of this thread has been such that I have no interest in ever stepping into the business or talking to the owner. I wasn't the one who was told to shut up but if it is said here I can imagine a customer with an issue would be treated the same.

 

Sorry, I don't know you and you don't know me, but you asked a bunch of strangers on a forum about your situation and you got various answers.

I don't know how it is in your country but in my country the guy who throws the first punch is almost always at fault - by definition. Using the excuse that he said a bad word or parked in front of your business won't work in the Western world; why would it possibly work in the Philippines where you are the foreigner. The sooner you recognize that you screwed up, the sooner you might make this go away. Yet you come here still angry and still rationalizing why what you did was OK.

Since you have some sort of business in Dumaguete it would seem to me that you would be most concerned with your reputation as a local business person and not be known as the dumb foreigner who beat up a Filipino over a parking space.

You sound like you like the Philippines and its people. So the question I would have is, was this a one time incident, an aberration and not your true nature, or are you a hot head who likes confrontation. If the former, apologize, pay a few bucks and work to make your business prosper. If the latter, then I suspect we will not be reading about your business for very much longer. Your choice.

 

I think you have gotten a lot of good advice. You may realize how many practical legal or social rights you have here when this whole thing plays out.

Admitting you will fight again will probably not win you much favor in the courts of the Philippines, or even you own country of origin. If you have ever worked with an American attorney on a deposition, or court testimony, the first thing they will say is "don't say a thing". Answer any questions directed toward you with a "yes" or "no" if possible. I suggest you not take the stance that you will take the same action again that has brought you into the court room, if you get a chance. That just shows that the law you accused of breaking, you will break again if you get a chance, under the circumstance. Remember the driver went across the street to ovoid physical confrontation, but you followed him because he was not "respecting" you, I think that action is the one you are facing in court... not parking issues.

I would suggest you not bet a "bag of your popcorn" on the Barangay Captain keeping her stance when confronted by another Filipino. Words are very easy here to through out to make the other person feel comfortable. Remember not only do you not have a vote here, but expats can be prosecuted if they try to influence an election here. Barangay Captain elections are coming up soon, and she knows you do not have a vote by yourself but every Filipino here does have a right to vote. Just a thought for your consideration.

Learning we have few "rights" here is part of Expats 101 Class. Being arrogant is also not recommended in the class. Keep you head down and avoiding eye contract is a lesson worth remembering from the class. I understand you are mad, because you are still acting that way and demanding your rights and a western legal system. You are no longer in the western legal system. The old saying "honey attracts a lot more flies than vinegar" still applies in this case. Likewise, having a hostile attitude doesn't tend to solve problems. I just believe that a cordial and friendly discussion will yield far better results than confrontations, particularly with a judge about your rights. Eat a little humble pie, and pay a little and walk away, or keep an arrogant attitude and worry about you own safety every time you are out in public.

Good luck and keep the forum posted on your results. You have a had a lot of people come forward with suggestions.

 

Then my Friend, should this go any Further (and I hope it stops here for you, when you have seen the Captain) You have in your Defence the Report to the TMO which can be seen as dismissed by the Driver and won't look too good for his Case ( In my opinion.)
It seems therefore that you have taken steps to run your business in a Good manner and that is a big part of all this to me anyway, very much in your Favour as the driver will have to tell the Captain, Yes! I was told off by TMO but chose to ignore the warning, Not good for him.

But just be careful my Friend Please, This may end up a face thing and that may not be good

 

If you are reluctant to get your legal advice from a bunch of forum junkies, and Wikipedia doesn't do it for you. Here is the source of the barangay captains power. Its a bit of a read but perhaps it will help

http://www.dilg.gov.ph/PDF_File/reports_resources/dilg-reports-resources-2016120_5e0bb28e41.pdf

 

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.

 

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.