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Question Legal advice

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

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  1. OP
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    Chingon

    Chingon DI Member Restricted Account Showcase Reviewer

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    I don't know.
    Well, im not happy with what happened, but i do not regret neither. If he dont respect the business that bring food to my table and my family he can expect some reaction from me.

    Wrye83, thrust me, i used violence as the last option i found avaliable. I already said that for 5 months i was talking to them, and visiting the traffic office without any good advance. They stole also the signal that i put there saying "dont block the driveaway" just some hours after putting on its place! The only thing that makes me mad is that obviously they was provoking this and they got it.

    Well, i already talk with the Barangay Captain. She had no idea about what happened and dont even know that there was a problem with the Vans parking on my parking area. She promised that she will talk with the City Mayor. Wow! Thats something! Hopefully she finds a peacefull solution.

    She did not receive any report from the police, so i dont know if the guy already dropped the court thing, or he is just trying to find a cheap lawyer, or friends that talk agaisnt me, or trying to me to do something stupid again...
     
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    Chingon, Jul 28, 2016
    #21
  2. 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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    Rye83, Jul 28, 2016
    #22
  3. OP
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    Chingon

    Chingon DI Member Restricted Account Showcase Reviewer

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    I don't know.
    Lol you are guessing a lot Wrye83 :smile:

    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.
     
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    Chingon, Jul 28, 2016
    #23
  4. 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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    Rye83, Jul 28, 2016
    #24
  5. OP
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    Chingon

    Chingon DI Member Restricted Account Showcase Reviewer

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    I don't know.
    ok already admitted that i started the physical fight with the guy on the police report, so i dont think that this discussion can go agaisnt me, im just asking ideas from people with experiences on this kind of matters here in philippines.

    If you read the link that i post before, you will see the law about this matter on the Philippines. Im a criminal for slapping the face of a guy that destroy my business? lol fine...i will write you a letter from the correctional system when i arrive there. Please, send me chocolate for christmast!

    Dont get me wrong. I appreciate your suggestions, but you are kind of dramatic :smile:
     
    Chingon, Jul 28, 2016
    #25
  6. DavyL200

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

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    Chingon,as other have mentioned you're biggest mistake was the thump the guy in the face. As I'm sure you know losing face is a very big problem,it could bite you back hard!
    As I've mentioned before your only defence is to file against him also when or if you get the summons,prob better you get a lawyer before hand though.
    It would have been far better of you had got a lawyer before hand and issued a copy to all blocking your parking area,this would have probably solved all your problems.
    I wish you luck with this situation.
     
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    DavyL200, Jul 28, 2016
    #26
  7. Rye83

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

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    Slapping/fighting the guy was a bit dramatic. I believe you might be inserting your own emotion while reading my posts as I have absolutely zero personal concern in the outcome of your situation and my posts were not written or meant to be read with the slightest bit of emotion.

    As for your link: you are assuming that "slight physical injury" is going to be the charge brought up against you.
    Any bystanders probably had no idea what the conversation was about and probably appeared to them that the driver walked away from you and you followed him across the street around looking for the fight. What really happened doesn't matter if you can't prove it in court. Your comments here really make it sound as if you were the aggressor. Even though you very well could be "morally justified" in your actions.....that doesn't mean you were legally justified.

    "im just asking ideas from people with experiences on this kind of matters here in philippines."
    I'm just giving you an idea of what to expect. I've had a friend go through this before. You don't have to believe me, agree with me or even like it....but you better be prepared for it. Whenever you are given a chance to settle out of court my suggestion would be to take it. If if it were me I'd offer him P10k when it came to the settlement stage and then when he countered with P15-20k I'd shake on it and call it a day. You will almost certainly lose in the lower courts and, IMO, the higher courts would uphold the ruling since you had no legal grounds for assaulting him.

    BTW: He doesn't have to save up anything for a lawyer to have charges brought up against you. He can go to the PAO and get a lawyer to represent him. It will ultimately be up to the prosecutor to decide if there is a case during his/her investigation period.
     
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    Rye83, Jul 28, 2016
    #27
  8. Dave & Imp

    Dave & Imp DI Forum Patron Highly Rated Poster Showcase Reviewer

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    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.
     
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    Dave & Imp, Jul 28, 2016
    #28
  9. TheDude

    TheDude DI Forum Patron Highly Rated Poster

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    The courts are backlogged. Few laws are enforced. You have more money than he does. Kicking @ss has been a way to solve problems since before court systems even existed. You did good.

    Many of the replies here are talking about some sort of "working" system. It's as if we are in Europe or something.

    Maybe you can change your story. You thought he was a drug user because he obviously wasn't in the proper mental condition to read a simple sign. You might even get a reward for the @ss kicking.

    In case, let us know how it turns out. It would be interesting to know the going rate for administering some whoop @ss. If it's reasonable, then I'm taking Karate lessons.
     
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    TheDude, Jul 28, 2016
    #29
  10. okiebound

    okiebound DI Forum Adept Showcase Reviewer

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    Assuming you are a foreigner, the courts will be slanted in the Filipino's favor from the get-go. The Filipino plaintiff will probably even bring in "witnesses" promising them a cut of the settlement for them to testify on his behalf. You are probably best trying to compromise at the barangay level, as cases drag on for years in the court system there.
     
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    okiebound, Jul 28, 2016
    #30
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