Expat wins civil dispute in Philippines

Introduction

Hello, I'm Joe, a 64-year-old retired surveillance operator and investigator living in the Philippines. I’m not an attorney and this is not legal advice; however, I’ve conducted hundreds of civil and criminal investigations on behalf of large corporations, an Assistant U.S. Attorney, celebrities and  many of the top law firms in the southern U.S. I've investigated and conducted surveillance on people ranging from U.S. senators to drug-addicted musicians. Additionally I also taught a 40-hour course at three colleges on constitutional law, focusing on the 4th, 5th, and 14th Amendments, and the need to collect evidence in a legal manner to prove the required elements of a crime or tort. So again, I’m not a lawyer and this is no legal advice. I’m simply sharing what my professional experience has taught me.

As an expat, I recently successfully challenged two Philippine corporations and a multi-national corporation in a civil matter, proving that with facts on your side and proper actions, you can prevail in the Philippines. Even as a foreigner! The constant claims on YouTube and social media that you have no chance against Filipinos are total nonsense.

Let’s get to the important points you need to understand. Here are ten tips to ensure your best chance at a positive outcome if you have a legal problem in the Philippines.

Ten Tips

1) Keeping Timely and Accurate Records:

As expats, we face unique challenges, but we have the same legal protection as Philippine citizens when it comes to most issues. Success starts with evidence. Always collect and preserve everything. That includes notes, emails, photos, receipts, etc. What seems minor now could be critical later. Without proper and timely documentation, your evidence might not be admissible. Most importantly, when you write notes and document conversations, do so as soon as possible after the conversation or event.

Make sure there is enough detail so that when you read your note again two years later, you will know exactly what it meant.

2) Report crimes to authorities and seek legal help for civil issues.

Let the professionals do the work on your behalf.

3) Refrain from making Malicious accusatory posts on social media.

This will not only destroy your case, it can lead to much trouble for you. The Philippines has strict laws governing what you can say on public forums and you can be found liable for damaging another person or business if you rant on social media.

4) Do Not Threaten Legal Action Prematurely

Making those comments prematurely will do one or both of the following:

• Show that you’re an idiot and don’t know the law

• End all chances of resolving the issue without an attorney

5) Do your own due diligence first.

When things are not going as you have expected, get on Google. There is more legal information on the web about philippine law, case law, etc. than you will able to read. Know what the law says and what the law allows as a remedy. If you have failed to solve the problem, consult an attorney after step 6.

6) Prepare Information for Your Attorney

Organize all your information in preparation to submit to an attorney. Leave emotions out of communications, and stick to the facts. Philippine civil law is in many ways similar to U.S. civil law, emphasizing damages for civil actions, You have to prove you've been harmed as defined by law.

7) Meeting your attorney

Pay for a consultation with a reputable lawyer and take their advice seriously. Engage a higher-cost law firm in a major city tower rather than a small provincial office if you are able. The intimidation factor can make opponents reluctant to battle and risk paying your legal fees.

8) Moving Forward with an attorney.

Only move forward if your attorney confirms the facts are in your favor. The first step will likely be in the form of a demand with the threat of legal action. Once you’ve engaged an attorney, MAKE NO MORE COMMUNICATION with other party.

9) The legal process takes time

Be Patient! Give your attorney time to do their job. The legal system is designed to promote early settlement, thus avoiding tying up the courts for every dispute. This works in your favor, as it is preferable to settle rather than incur the costs of a lengthy legal battle.

10) Settlement and Agreement

Most cases lead to a settlement offer. Review it carefully, accept if you agree, and obey the terms. Once signed, it's a binding contract,

Expect a confidentiality clause with the settlement and abide by it.   There will likely be a substantial penalty clause in the agreement should you disclose any details. Posting and boasting on social media could become very expensive. Don’t do it!

Closing:

Act appropriately, and you're likely to prevail.

My Attorney’s contact info:

Atty. Bryan Vergel Borero

• +63 (920) 967-1338

• www.respicio.ph

Until next time, remember, better thinking does equal a better life.

Joe out