Griffiths To Take Legal Action On Charges

[Steve & Myrlita]

I agree that all should wait to see what the outcome of the criminal case is 1st. Until the trial or until the contents of discovery are shown, no one here knows what the evidence or lack thereof is. A civil suit must have a legal basis or it will not survive. Another note on any civil suit filed in The Philippines. A foreigner will never succeed with a suit against any Filipino Citizen. The courts will never allow a Filipino to ever lose face to a foreigner even if the Filipino is in the wrong. No, it's not right but unfortunately, it's reality here for the ability of a foreigner to win is eluding to having rights for which a foreigner has none here.

[Markham]

Mark, maybe my humor came off wrong in my post, so let me ask this in a simpler way, could you please explain to me how they expect to collect the money.

As I understand it, an Embassy becomes responsible for paying its country's debts and legal judgements against it. As to the mechanics of collection, I don't know but plan to find out.

It is great to shake a sword and post all you have posted about this, but since they do not give aid, and they do not appear to be a trade partner, what leverage does your govt have to collect from the Philippines, or any of its people?

Unlike America, Britain does not feel the need to brag about how much foreign aid it gives and to whom. There is a government department dedicated to this and they mainly channel funds through NGOs since that is usually the best means of ensuring that the aid goes to those who need it, rather than filling political pockets. One such NGO has been working quietly in Cebu for the last ten years on child-protection related issues and has drop-in centres and feeding programs aimed at street kids. That NGO alone spends almost 7 million Pesos a year on its programmes. There used to be far more British investment in the Philippines than there now is. One very successful ship builder had a yard on Cebu and there were a number of clothing factories supplying British retailers. For various reasons they have all disappeared and jobs lost. I know of at least 2 UK companies that would have set-up in MEPZ but have decided to look elsewhere outside the country - as a direct consequence of the increasingly bad publicity the PNP has attracted over the last 12 months.

Now what leverage might the Philippines have with how many of your people in the country? Think about that.

That sounds horribly like a threat toi me and maybe one you would condone - since it's a recurring theme with you. What leverage does the Philippines have against ordinary British nationals living here? Well yes it could decide to chuck us all out and we'd probably find new homes in Malaysia or Indonesia and some might return home. Bigger loss to the Philippine local economy - kind of, biting the hand that feeds you. But worse, the thousands of OFWs who are in Britain might have their contracts terminated by their employers or their work permits could be cancelled. In either case they'd have to return to the Philippines. So maybe Britain does have the greater leverage after all.

[Markham]

None of the writs have even been filed yet. If and when they do, then we can see who they are served on and for what reason. As it stands right now it is just some more gas being passed by the defense team. My guess is that any case filed in the UK will be countered in the Philippine courts. Where I think Mark is missing the boat is that he thinks these cases will all be heard in the UK which probably not happen, The Philippines can have the cases heard here in Philippine courts since here is where the events took place. I really do not see how the UK government would or could reject such a request. Any public officials that could be served would be on the local level and not the national level so I do not believe that even if a judgement is awarded that the UK could request any type of payment through the embassy in the UK. Contrary to what some or one may think I doubt very much that the UK Government is going to let a slander civil suit become a political event that they would most likely look like some type of bully, with the view that the Philippine courts are not able to deal with the situation. All the Philippine government would have to argue is that the events took place in the Philippines, Santos is in the Philippines and the Philippines would certainly welcome Griffiths to come back so that he and Santos can file as many civil cases as they would like, I do not see Griffiths or Santos lawyers having much of an argument as to why the cases could not be filed in the Philippines where they should be heard. Why in the world should everybody have to go to the UK for a case in which all events took place in the Philippines? It might be different if Santos and Griffiths were not allowed to file their civil cases in the Philippines, but that just is not the case and is not happening. If and when the writs are served, the lawyers will motion the UK courts to have the case heard in the Philippines and in my opinion there is no good reason for the UK to not agree. As I understand it, that is just the way that international law works. Griffiths and his lawyers may think and imply that the UK government or courts will take a position of support for them. I just do not see that happening. Too many other countries would surely side with the Philippines I don't believe that the UK courts or Government want to get into the practice of deciding Philippine civil cases.

It is not up to the British Government to decide where a civil case is heard. It does not control the Judiciary at all: in the UK the Judiciary is completely independent of the Executive or the Legislature. If one of the parties is a British national, as Griffiths is, then he has every right to have it heard in the UK. That is why, under UK Law, there exists the International Writ. You say that everything took place in the Philippines but the problem is that the defamatory statements could be read in any country of the world and were certainly read in the UK. I think you're confusing civil law and criminal law which are completely different.

[Garpo]

If the defamatory statements were made by a person in the Philippines about a person that was or is in the Philippines, all the witnesses are in the Philippines then my guess is that the UK courts would agree that the civil case should be heard in the Philippines. If something was printed in the UK and read then I guess Griffiths could try to sue the reporter who reported it. Makes about as much sense as trying to sue a police officer or other government official that is also probably just making a statement based on information that he or she had been told. I could be wrong but I see no way that the UK courts would not agree that such a civil case should be heard and decided in the Philippines. There is nothing stopping Griffiths from having his lawyers file the case in the Philippine courts. then nobody would have to wear a white wig made out of horse hair......

Edited November 7, 2011 by Garpo

[Mr Lee]

Mark, maybe my humor came off wrong in my post, so let me ask this in a simpler way, could you please explain to me how they expect to collect the money.

As I understand it, an Embassy becomes responsible for paying its country's debts and legal judgements against it. As to the mechanics of collection, I don't know but plan to find out.

Thank you for explaining. When you find out then please let us know.

[Mr Lee]

That sounds horribly like a threat toi me and maybe one you would condone - since it's a recurring theme with you. What leverage does the Philippines have against ordinary British nationals living here? Well yes it could decide to chuck us all out and we'd probably find new homes in Malaysia or Indonesia and some might return home. Bigger loss to the Philippine local economy - kind of, biting the hand that feeds you. But worse, the thousands of OFWs who are in Britain might have their contracts terminated by their employers or their work permits could be cancelled. In either case they'd have to return to the Philippines. So maybe Britain does have the greater leverage after all.

No I would not threaten it, or even like it, I just thought it worth thinking about because I do not wish to end up one of those they decide to take out their frustrations on. As for the OFW in the UK, excellent point, maybe they do have something to bargain with, but if memory servers me correctly, the Philippines has been biting the hand that feeds it for many years, so I really doubt they (those in power) would even care if we all left, as long as they have their millions of OFW sending money home. Although they might then realize the mistake once we were all gone, but they also know that will never happen because they have a real draw that few other places have, so many beautiful eligible women who seem to be taken with some of us. If the day were ever to come that they made it illegal for a Filipina to date or be seen with a foreigner, then I would bet there would be few of us visiting or living in the Philippines, and as I have always said, I believe the country would suffer greatly if it were not for the many of us who do.