KNOW YOUR RIGHTS

I run facebook.com/groups/ExpatsinthePhilippines/257315101121743/?notif_t=like that deals in knowing ones rights and becoming streetwise

Hello professor cebu,

Excellent advice for expats in any country. Especially if you are planning on living in a foreign country of an extended period of time it is absolutely essential that you have a clear understanding of both criminal and civil laws of your host country, since you are subject to all of them while residing there.

You will also be very clear on the tax laws and any tax implication that your foreign income may have back home. This is especially true for American citizens who are taxed based on citizenship and not residency, so they must file an annual 1040 Income Tax Return every year, regardless of where they live. Many other countries (like my home, Canada) require one to report their "World Income", which while it may not necessarily be taxed per se, may serve to bump you up into a higher income tax bracket, thus forcing you to pay more tax on your Canadian sourced income.

It never ceases to amaze me just how many members even give a passing thought to the whole issue of laws and taxes until they either run into troubles or until tax time rolls around and they suddenly experience an "aha! moment" and realize that this was something they should have considered seriously before ever leaving their home soil.

Cheers,
William James Woodward, EB Experts Team

wjwoodward wrote:

Hello professor cebu,

Excellent advice for expats in any country. Especially if you are planning on living in a foreign country of an extended period of time it is absolutely essential that you have a clear understanding of both criminal and civil laws of your host country, since you are subject to all of them while residing there.

You will also be very clear on the tax laws and any tax implication that your foreign income may have back home. This is especially true for American citizens who are taxed based on citizenship and not residency, so they must file an annual 1040 Income Tax Return every year, regardless of where they live. Many other countries (like my home, Canada) require one to report their "World Income", which while it may not necessarily be taxed per se, may serve to bump you up into a higher income tax bracket, thus forcing you to pay more tax on your Canadian sourced income.

It never ceases to amaze me just how many members even give a passing thought to the whole issue of laws and taxes until they either run into troubles or until tax time rolls around and they suddenly experience an "aha! moment" and realize that this was something they should have considered seriously before ever leaving their home soil.

Cheers,
William James Woodward, EB Experts Team

I totally agree. You might be in jail for something that might be lawful in your homeland but not lawful in the country that you might be staying. For taxes, here in the philipines, we consider your income to be taxable if you earn it within the Philippines regardless what nationality you belong. However, there are tax credits that somehow mitigate, if not exempt your tax payables. Cheers!

Hello all!

Knowing ones right is very important indeed! Thanks for this post.

@BobJP : Could you please tell us more on your link and what you do?

Regards

Kenjee

If my professor act like sh** with me, what is my right as a foreign student?!

Farnazmhrn wrote:

If my professor act like sh** with me, what is my right as a foreign student?!

i cant blame your teacher coz you're such a gorgeous student... anyways, we have anti-sexual harassment law.... that will teach him

Farnazmhrn wrote:

If my professor act like sh** with me, what is my right as a foreign student?!

@ Farbazmhrn,

I am giving you some information and lacing it with my opinion (I am not an attorney in any way, shape or form).  This posting is not intended to replace any legal advice you may receive and is only intended for your possible path selection. 

It is highly recommended you consider the following:

'Please continue to keep note of the nature and type of issues the professor has demonstrated toward you.  Next study the work already done by the STRAW ( Coalition for Student's Rights and Welfare) and get up to date on the Students Rights and Welfare Bill (HB 2190 and SB 1475).  There continues to be much activity in the area of this bill and you may want to stay tuned.  If you feel you need to take action, make sure you construct a well developed letter that spells out what actions or lack of actions you feel the professor is engaged in that are against University policies and that initiate and or acerbates the problems. Include in your letter a clear 'cease and desist' demand statement.  You will need to address such a letter to and within the University structure you feel has legal responsibility and authority.'

Best wishes to you as you seek your goals in academia.

Thank you for reply:)

Farnazmhrn wrote:

If my professor act like sh** with me, what is my right as a foreign student?!

Kick him where the sun don't shine..

Calif-Native wrote:

Farnazmhrn wrote:

If my professor act like sh** with me, what is my right as a foreign student?!

@ Farbazmhrn,

I am giving you some information and lacing it with my opinion (I am not an attorney in any way, shape or form).  This posting is not intended to replace any legal advice you may receive and is only intended for your possible path selection. 

It is highly recommended you consider the following:

'Please continue to keep note of the nature and type of issues the professor has demonstrated toward you.  Next study the work already done by the STRAW ( Coalition for Student's Rights and Welfare) and get up to date on the Students Rights and Welfare Bill (HB 2190 and SB 1475).  There continues to be much activity in the area of this bill and you may want to stay tuned.  If you feel you need to take action, make sure you construct a well developed letter that spells out what actions or lack of actions you feel the professor is engaged in that are against University policies and that initiate and or acerbates the problems. Include in your letter a clear 'cease and desist' demand statement.  You will need to address such a letter to and within the University structure you feel has legal responsibility and authority.'

Best wishes to you as you seek your goals in academia.

More importantly than all of what you stated is evidence...My advice is just have her cell video camera and voice record on every time before class and after class...Visual and speech is far better than a letter which is her word against his...If she has that the board would have no choice but to take action...PESO IS KING...

vetretreat wrote:

Calif-Native wrote:

Farnazmhrn wrote:

If my professor act like sh** with me, what is my right as a foreign student?!

@ Farbazmhrn,

I am giving you some information and lacing it with my opinion (I am not an attorney in any way, shape or form).  This posting is not intended to replace any legal advice you may receive and is only intended for your possible path selection. 

It is highly recommended you consider the following:

'Please continue to keep note of the nature and type of issues the professor has demonstrated toward you.  Next study the work already done by the STRAW ( Coalition for Student's Rights and Welfare) and get up to date on the Students Rights and Welfare Bill (HB 2190 and SB 1475).  There continues to be much activity in the area of this bill and you may want to stay tuned.  If you feel you need to take action, make sure you construct a well developed letter that spells out what actions or lack of actions you feel the professor is engaged in that are against University policies and that initiate and or acerbates the problems. Include in your letter a clear 'cease and desist' demand statement.  You will need to address such a letter to and within the University structure you feel has legal responsibility and authority.'

Best wishes to you as you seek your goals in academia.

More importantly than all of what you stated is evidence...My advice is just have her cell video camera and voice record on every time before class and after class...Visual and speech is far better than a letter which is her word against his...If she has that the board would have no choice but to take action...PESO IS KING...

For sure evidence is a key element in all cases.  However, if 'procedures' are not followed, the evidence can be excluded.  Additionally, there is always a chance of a school policy against video/audio in the classroom.  Thus, making such digital records/evidence illegal or inadmissible. 

From a pure legal point, the C&D (or demand letter) in English allows her to meet the min requirement for notifying a party of a possible illegal act and her written demand to 'stop ("cease") and refrain ("desist")' from an activity that the she finds objectionable. 

How could any student obtain a video/audio record of the professor talking to University officials regarding a problem with a student?  The president or regents could very easily say 'we were never told about this' and walk away from responsibility. However, since the C&D places them "on notice" of the circumstances, they cannot later claim they were unaware.

Even when a person is owed money here in the PI, they must send a demand letter in order to show they made an attempt to collect.  I am not aware of the Philippines accepting a video or audio C&D electronic file as the C&D letter.  Without such a step in writing, she can't prove in a court that she indeed asked for the professor/University officials to cease & desist from the alleged illegal/immoral act(s), as such.

I hope this is clear now.  Regards

your rights can be found in the women's and children's act (republic-act-9262-) 

You as a foreigner that has paid for the correct on going visa and up to date lose only a few rights.

You can not own a gun

you can not be involved in political issues such as demonstration in the street.

You can not ow property land in your own name over than indicated in the law of which means basically you need to be married to a national or in a corporation  or a share owner of a condominium property.

As a woman your protection under republic-act-9262- is sacrament. Even quoting this act will make your guru back off very quickly you need to read this law to give power to your bow. http://www.pcw.gov.ph/publication/repub … hildren-a.

Hope I have been of some help         

your rights can be found in the women's and children's act (republic-act-9262-)

You as a foreigner that has paid for the correct on going visa and up to date lose only a few rights.

You can not own a gun

you can not be involved in political issues such as demonstration in the street.

You can not ow property land in your own name over than indicated in the law of which means basically you need to be married to a national or in a corporation  or a share owner of a condominium property.

As a woman your protection under republic-act-9262- is sacrament. Even quoting this act will make your guru back off very quickly you need to read this law to give power to your bow. [link under review].

You can not vote

You are however protected by Filipino law

Hope I have been of some help

@ BobJP,

Hi Bob, If your post is partially for the sake of Farnazmhrn, RA 9262 most likely will not apply to her student situation at all.

I say this because Section 3 of R.A. No. 9262 explicitly provides that 'the offender should be related to the victim only by marriage, a former marriage, or a dating or sexual relationship.'

dear Farnazmhrn, instead of wasting your time reading some of the comments in here, pls spend time to read RA 7877. that is our anti-sexual harassment law in the philippines. mere solicitation of sexual favor by a professor is a ground for conviction. just document by recording his acts and have at least one witness to help you with your case.

I did not see Farnazmhrn's post on sexual harassment? How did we jump to sexual harassment?

She wrote:  If my professor act like sh** with me, what is my right as a foreign student?'

I am aware that even in California, many Persians are treated poorly and that is not a sexual issue.  Until Farnazmhrn adds more to her post on the nature of the issue (if she even cares to), we all may be on or off target with our posts, including if reading RA 7877 is wasting time also.

Calif-Native wrote:

I did not see Farnazmhrn's post on sexual harassment? How did we jump to sexual harassment?

She wrote:  If my professor act like sh** with me, what is my right as a foreign student?'

I am aware that even in California, many Persians are treated poorly and that is not a sexual issue.  Until Farnazmhrn adds more to her post on the nature of the issue (if she even cares to), we all may be on or off target with our posts, including if reading RA 7877 is wasting time also.

Personally, knowing how the younger set express themselves today I do believe Farnazmhrn's post was about sex...SH** is one way young women today express inappropriate sexual behavior...Now when they start using the word "JUNK" that has a whole other sexual meaning...Perhaps if she would better define her experience so all will know whether the professors JUNK has anything to do with the SH**...

vetretreat wrote:

Calif-Native wrote:

I did not see Farnazmhrn's post on sexual harassment? How did we jump to sexual harassment?

She wrote:  If my professor act like sh** with me, what is my right as a foreign student?'

I am aware that even in California, many Persians are treated poorly and that is not a sexual issue.  Until Farnazmhrn adds more to her post on the nature of the issue (if she even cares to), we all may be on or off target with our posts, including if reading RA 7877 is wasting time also.

Personally, knowing how the younger set express themselves today I do believe Farnazmhrn's post was about sex...SH** is one way young women today express inappropriate sexual behavior...Now when they start using the word "JUNK" that has a whole other sexual meaning...Perhaps if she would better define her experience so all will know whether the professors JUNK has anything to do with the SH**...

i agree with you .... lol   cant blame him if he cannot read between the lines...

professor cebu wrote:

vetretreat wrote:

Calif-Native wrote:

I did not see Farnazmhrn's post on sexual harassment? How did we jump to sexual harassment?

She wrote:  If my professor act like sh** with me, what is my right as a foreign student?'

I am aware that even in California, many Persians are treated poorly and that is not a sexual issue.  Until Farnazmhrn adds more to her post on the nature of the issue (if she even cares to), we all may be on or off target with our posts, including if reading RA 7877 is wasting time also.

Personally, knowing how the younger set express themselves today I do believe Farnazmhrn's post was about sex...SH** is one way young women today express inappropriate sexual behavior...Now when they start using the word "JUNK" that has a whole other sexual meaning...Perhaps if she would better define her experience so all will know whether the professors JUNK has anything to do with the SH**...

i agree with you .... lol   cant blame him if he cannot read between the lines...

Come on guys, there is a big difference between 'cannot read between the lines' and 'adding one's own unconfirmed views between the lines'.   No matter, if inappropriate sexual misconduct occurred or any other misconduct occurred, the steps I outlined and a C&D letter still apply.  Until or unless Farnazmhrn further clarifies, none of us have some special 'lexicon key' to her actual meaning of 'SH**'.

Calif-Native wrote:

professor cebu wrote:

vetretreat wrote:

Personally, knowing how the younger set express themselves today I do believe Farnazmhrn's post was about sex...SH** is one way young women today express inappropriate sexual behavior...Now when they start using the word "JUNK" that has a whole other sexual meaning...Perhaps if she would better define her experience so all will know whether the professors JUNK has anything to do with the SH**...

i agree with you .... lol   cant blame him if he cannot read between the lines...

Come on guys, there is a big difference between 'cannot read between the lines' and 'adding one's own unconfirmed views between the lines'.   No matter, if inappropriate sexual misconduct occurred or any other misconduct occurred, the steps I outlined and a C&D letter still apply.  Until or unless Farnazmhrn further clarifies, none of us have some special 'lexicon key' to her actual meaning of 'SH**'.

I'm not an attorney but I do believe the girl would be putting herself in jeopardy if she were to put in writing a highly respected professor had made sexual advances towards her...Without proper evidence such as a witness or video / voice recording it would be her word against his and could possibly cause her to be expelled from the school and even the professor would have the option to even bring a damage law suit against her for defamation which may lead to deportation...Teachers in the Philippines are held to the highest esteem so I think your proposal to submit a letter only is questionable...

I also am not an atty and although we remain completely unaware of this case being one of sexual harassment, I think the following RA 7877 rules must be understood for those that insist they want to go down this path:

'SEC. 5. Liability of the Employer, Head of Office, Educational or Training Institution.  The employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken thereon.'

' Rule IV
FORMS OF SEXUAL HARASSMENT
Section 1. Forms of Sexual Harassment.  Sexual harassment may be committed in any of the following forms:
a) Overt sexual advances;
b) Unwelcome or improper gestures of affection;
c) Request or demand for sexual favors including but not limited to going out on dates, outings or the like for the same purpose;
d) Any other act or conduct of a sexual nature or for purposes of sexual gratification which is generally annoying, disgusting or offensive to the victim.

Sec. 3. Work, Education or Training-related Sexual Harassment Defined.  Work, education or training-related sexual harassment is committed by an employer, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.

Sec. 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment.  It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:
(a) Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation or sexual harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.

In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches and students or trainees, as the case maybe.

The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned.'

What is most important here and in case law in the PI is the fact to keep this as an 'administrative case' for sexual harassment (i.e, what appropriate rules and regulations have been violated?).  Has the school failed to protect the student "administratively or not?'  The student must be able to state what the teacher has done in violation of said rules and regulations.  Therefore, if the teacher were to claim the charges of the crime of sexual harassment is 'malum in se' or 'malum prohibitum', the student can avoid such a defense with a written complaint. 

Since Rule IX. PROCEDURES IN THE DISPOSITION OF SEXUAL HARASSMENT CASES
Section 10 states,

'All complaints for sexual harassment must be under oath and supported by the Affidavit of the offended party.',

'Section 12. Preliminary Investigation. A preliminary investigation shall be conducted by the Committee wherein the complainant and the respondent shall submit their affidavits and counter-affidavits, as well as those of their witnesses. Failure of the respondent to submit his counter affidavit shall be construed as a waiver thereof.'

To the 'Teachers in the Philippines are held to the highest esteem so I think your proposal to submit a letter only is questionable'   In the above posted words are the readings 'in the lines', no need to worry about if I can't read between the lines here. 

How can a student's rights be properly protected without a written complaint (i.e., 'under oath and supported by the Affidavit') or C&D type letter? 

Again, people read and understand the laws here in the PI before you just quote them and remain clueless as to their 'documentation' requirements for making a complaint. 

Enough said?

Calif-Native wrote:

I also am not an atty and although we remain completely unaware of this case being one of sexual harassment, I think the following RA 7877 rules must be understood for those that insist they want to go down this path:

'SEC. 5. Liability of the Employer, Head of Office, Educational or Training Institution.  The employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken thereon.'

' Rule IV
FORMS OF SEXUAL HARASSMENT
Section 1. Forms of Sexual Harassment.  Sexual harassment may be committed in any of the following forms:
a) Overt sexual advances;
b) Unwelcome or improper gestures of affection;
c) Request or demand for sexual favors including but not limited to going out on dates, outings or the like for the same purpose;
d) Any other act or conduct of a sexual nature or for purposes of sexual gratification which is generally annoying, disgusting or offensive to the victim.

Sec. 3. Work, Education or Training-related Sexual Harassment Defined.  Work, education or training-related sexual harassment is committed by an employer, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.

Sec. 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment.  It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:
(a) Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation or sexual harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.

In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches and students or trainees, as the case maybe.

The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned.'

What is most important here and in case law in the PI is the fact to keep this as an 'administrative case' for sexual harassment (i.e, what appropriate rules and regulations have been violated?).  Has the school failed to protect the student "administratively or not?'  The student must be able to state what the teacher has done in violation of said rules and regulations.  Therefore, if the teacher were to claim the charges of the crime of sexual harassment is 'malum in se' or 'malum prohibitum', the student can avoid such a defense with a written complaint. 

Since Rule IX. PROCEDURES IN THE DISPOSITION OF SEXUAL HARASSMENT CASES
Section 10 states,

'All complaints for sexual harassment must be under oath and supported by the Affidavit of the offended party.',

'Section 12. Preliminary Investigation. A preliminary investigation shall be conducted by the Committee wherein the complainant and the respondent shall submit their affidavits and counter-affidavits, as well as those of their witnesses. Failure of the respondent to submit his counter affidavit shall be construed as a waiver thereof.'

To the 'Teachers in the Philippines are held to the highest esteem so I think your proposal to submit a letter only is questionable'   In the above posted words are the readings 'in the lines', no need to worry about if I can't read between the lines here. 

How can a student's rights be properly protected without a written complaint (i.e., 'under oath and supported by the Affidavit') or C&D type letter? 

Again, people read and understand the laws here in the PI before you just quote them and remain clueless as to their 'documentation' requirements for making a complaint. 

Enough said?

What was meant by "ONLY a letter is questionable" is here in the Philippines, as you and most know, the laws written are to benefit those of a chosen class...So the questionable part is if the student has no SUPPORTING DOCUMENTION other then the allegation written under oath and has no witnesses or some other smoking gun the Board who will hear the case more likely than not will favor the teacher because they are all part of that social group...So as you had stated if the teacher claims the student is guilty of Malum In Se and the board eventually agrees with that it could lead to the student expulsion and even possibly criminal prosecution and deportation...Hey, this is the Philippines and the ELITIST of this country are notorious for protecting one another and that is why corruption flourishes here...I know of one incident where an Expat brought charges of a doctor guilty of malpractice which had endangered the life of a patient..He had all the documentation plus a smoking gun and submitted all to the Medical Ethics Committee, the hospital in question and no action was ever taken but when it was time for that same Expat to extend his visa, immigration had found reasons for denying him any further visas and was forced to leave the country...So, if that student wishes to pursue it with no smoking gun then undoubtedly will be putting themselves at risk with the way the corrupt elitist of this country are in how they use their laws to benefit themselves...In my opinion a foreigner's rights under Philippine Law are a case by case basis...They have many loopholes if they opt to screw us and the attorneys are all in bed with the judges and right up the ladder to the Judicial System who write the laws...

Example: The Emergency Relief Fund of over $25 million US, which had been in existence since the '90's was declared unconstitutional by their Supreme Court right after the earthquake in Bihol and Yolanda struck.. As a result the money could not be released to the victims so what do they do, they exaggerate the damage done to other parts of the Philippines to receive more aid and donations from other countries much of which was plundered...That should tell you a little about how laws are upheld here...They only benefit their elitist social groups..PESO IS KING...

As an university faculty, and one who has taught in the Philippines, I thought I would wade in here. First, as noted, we are rather unclear what "was sh** to me" exactly means. It ranges from inappropriate sexual to harsh comments on my submitted paper. Really, have to know more. Second, what is the educational relationship here? One class and can avoid or he is her advisor? Undergrad or graduate.
I ask this because the reality is that in bringing the issue to the school's attention will have consequences. Other's have noted the close nature of Philippine class groups (not all that different then US or elsewhere). So, if you are close to being done and the behavior is not too intrusive, bear it. If it unbearable, leaving may be one choice. Otherwise, take something inbetween. Do you have a mentor or confidant within the school that you trust? Someone you can seek advice from? At times, given the nature of "saving face " in the Philippines, a well placed comment by a peer can do wonders in achieving a desired change. 
I wish you well and please do not let one individual instructor/event unduly impact your end goal.

Hello C-N. Good work on your post. If we were in another country I would say the laws you listed would be enough to control any manager, boss or professor from unwanted sexual advances. However, this country does not abide by its own laws. The legal system here is so bend and fractured that there is very little real 'justice'.
The young lady talked about would be on a plane, deported, before any case she would file would ever go to court.

I do not like to be so negative, but years of living here have taught me one thing, stay away from all legal matters whatsoever in the Philippines. Stay away from the police, the courts, judges, lawyers etc..

Yes Sir, the Philippines has anti harassment laws,
                                            anti prostitution laws
                                            anti child abuse
                                            anti child labor
                                            anti rape
                                            anti molestation
                                            anti incest
                                            anti graft
                                            anti smuggling                       
                                            anti on and on and on

  Bit are any of these laws enforced????

Laws mean nothing with out the whole hearted backing and enforcement of them by the  government, the legal system and the people themselves.So when people talk about the laws in the Philippines, they are correct, there are lots and lots of laws. But most of them are truly meaningless, unless you have the power to have them enforced.

@ Dondee31,
I agree in general and although I am working my way thru a court case here as the victim, it is no real fun nor do I suffer under any illusion that all will be ok.  In my case, only after a very detailed letter outlining the laws broken by the perp, was I able to get my case filed.  A 5-page document to the prosecutor's office with cc: US Embassy, FBI, NBI and a few UN bodies was the key.  The letter took me hours to formulate and only 10 minutes with the prosecutor to file the case. 

The system here seems to be very dependent on foreign bodies that can or will get involved (if and when the person understands how to include them).  However, a person's failure to articulate the issue(s) in writing will only result in a complete waste.  Verbal complaints only serve as a good joke (to some local enforcers/judicial) and may be = to a strong urination into the next low pressure system to hit here.

C-N

As a fellow Californian, I must commend you on your bravery and perseverance!!

I know its easy to be negative as a foreigner in this country, and I really don't want to be. But this issue of 'laws' makes me crazy.

I truly hope that justice prevails in your case.  A good friend of mine is days away from leaving the Philippines because of legal hassles. After five (5) years of dealing with people who do not even know their own laws, he has given up.

Good luck!
Ormoc Don

Calif-Native wrote:

@ Dondee31,
I agree in general and although I am working my way thru a court case here as the victim, it is no real fun nor do I suffer under any illusion that all will be ok.  In my case, only after a very detailed letter outlining the laws broken by the perp, was I able to get my case filed.  A 5-page document to the prosecutor's office with cc: US Embassy, FBI, NBI and a few UN bodies was the key.  The letter took me hours to formulate and only 10 minutes with the prosecutor to file the case. 

The system here seems to be very dependent on foreign bodies that can or will get involved (if and when the person understands how to include them).  However, a person's failure to articulate the issue(s) in writing will only result in a complete waste.  Verbal complaints only serve as a good joke (to some local enforcers/judicial) and may be = to a strong urination into the next low pressure system to hit here.

Could you give a little bit of details as to what laws were broken in your case???...Just curious...But no matter, from all whom I have talked to they will tie you up for years in the court system and if you have to retain an attorney chances are they will want a retainer cause it is my understanding no attorney will take a case on contingency period...Furthermore it is my understanding even in a wrongful death suit the most one can recoup is 100,000 pesos...So with that being said after the attorney fees, travel expenses, your time drafting whatever you end up losing more than you gain...GOOD LUCK with your righteous venture because in the Philippines there is no righteousness except for those in power..Unless you have connections with high ranking military or governmental officials my take is you have no shot...Your best case scenario is the Perpetrator will probably offer you a small percentage of the damage he caused you...The Philippine culture is much like the Mexican culture...Once I have your things in my possession they are no longer yours...You have to kill me for em...That is why they have a no refund policy even with the largest department store...They will only give you a store credit never a cash refund even if you requested it at the time of purchase..Once that money is in that register it is no longer yours...LOL...Such Bull Shit...

dondee31 wrote:

C-N

As a fellow Californian, I must commend you on your bravery and perseverance!!

I know its easy to be negative as a foreigner in this country, and I really don't want to be. But this issue of 'laws' makes me crazy.

I truly hope that justice prevails in your case.  A good friend of mine is days away from leaving the Philippines because of legal hassles. After five (5) years of dealing with people who do not even know their own laws, he has given up.

Good luck!
Ormoc Don

Thanks, there is much to lead a person to be negative here but after 14 trips, I remain a bit positive. Hahahah

I also have assisted a fellow American that was charged under RA 9262 (with SWAT team of 6-7 doing an arrest on him).  All persons involved are now very quiet (including 4 ex atty) since we put together a 19 page affidavit with evidence.  They may have a bigger issue since it shows a person working within a government agency to find a false way to get him out of the country to take over property connected with his corp.  The case is looking good and so many can't deal with the details in the affidavit.

Could you give a little bit of details as to what laws were broken in your case???...Just curious.....

The case involves 'grave threat', with a lack of a Permit to Carry Firearms Outside of Residence (PTCFOR),  and a few other details I can't get into.  My case is 100% handled by the POA and is zero PHP to me.  The perp is hiding now but will see the north side of about 4 years in jail.

you can find out all you need to know about Philippine law at this  site http://www.chanrobles.com/virtualibrary … 5sozUDSTIU  as far  as how and when laws are enforced are a different matter and  if  your a foreigner with a complainant against a Filipino it  will be hard,  most minor things can be handled with a few  peso in hand

Calif-Native wrote:

Could you give a little bit of details as to what laws were broken in your case???...Just curious.....

The case involves 'grave threat', with a lack of a Permit to Carry Firearms Outside of Residence (PTCFOR),  and a few other details I can't get into.  My case is 100% handled by the POA and is zero PHP to me.  The perp is hiding now but will see the north side of about 4 years in jail.

Sounds like you were threatened with a firearm...My advice to you is have another set of eyes watching your backside.. You know what happened to Magellan...These blokes have many friends and family in the woodwork who would not hesitate to take you out to protect there own...Kind of like the Hatfields and the McCoys...

Where I live a filipino raped and strangles a beautiful Pinay who was dating an Aussie...He had a family member as a Barangay official and is still on the loose going on four years now...As I said there is no sense of fair justice in the country...

BE CAREFUL C-N

you should hire a lawyer. i still believe in the justice system. if there are anything to blame, part of it will be on victim's attitude.