Unpaid credit card, arrested? Philippines

Question: If I have an unpaid credit card balance, will I be arrested?

Answer:

The fear of arrest due to unpaid credit card balances is common but often misunderstood. In the context of Philippine law, it is crucial to clarify that "debtor's prison" has long been abolished, and non-payment of credit card debt is generally considered a civil matter, not a criminal one.

Is Non-Payment of Credit Card Debt a Crime?

No, non-payment of credit card debt is not a criminal offense under Philippine law. You can't be arrested solely for having an unpaid credit card balance.

What Can Creditors Do Then?

1. Collection Efforts: Credit card companies will typically employ various methods to collect the debt, such as calling or sending letters.

2. Legal Action: The creditor may file a civil case for the collection of sum of money. If they win the case, the court may order the sale of your properties to settle the debt.

3. Small Claims Court: For smaller amounts, the creditor might go to Small Claims Court for faster resolution.

What Should I Do if Faced with Legal Action?

1. Consult a Lawyer: As soon as you receive a summons, consult with a lawyer to guide you through the legal process.

2. Negotiate: Often, credit card companies are open to negotiating payment terms.

3. Court Appearance: If a case is filed, make sure to attend all court hearings to avoid default judgment.

Can a Creditor File Criminal Charges Against Me?

Creditors might attempt to file criminal charges like estafa or violation of the Access Devices Regulation Act. However, jurisprudence has generally favored the view that unpaid credit card debts are civil in nature.

Conclusion:

While being in debt is certainly stressful, the fear of arrest for unpaid credit card balances should not be an added concern in the Philippines. However, that doesn't mean one should ignore the debt; legal actions can still be taken by creditors that may affect your financial stability and property. Legal consultation is advisable to guide you through the complexities of such situations.

Online lending harassing Philippines

Question: What are my legal recourse if online lending applications keep harassing me?

Answer:

Harassment from online lending applications can be distressing. In the Philippines, there are various laws and regulations aimed at protecting borrowers from unfair and aggressive practices, including the Data Privacy Act of 2012, the Consumer Act of the Philippines, and regulations from the Securities and Exchange Commission (SEC).

What Constitutes Harassment?

Harassment may include incessant calls, sending derogatory messages, or publicly shaming the borrower for non-payment. Any actions that cause undue harm, stress, or embarrassment could be considered harassment.

What Legal Actions Can I Take?

1. File a Formal Complaint: Report the harassment to the SEC, which oversees lending and financing companies. The report should include all pertinent details and evidence like screenshots and call logs.

2. Data Privacy Act Violation: If the lending application disclosed your debt to other people without your consent, this may be a violation of the Data Privacy Act, which can be reported to the National Privacy Commission (NPC).

3. Civil Suit for Damages: In extreme cases, you can file a civil suit for damages under Article 32 of the Civil Code for violation of your constitutional rights.

4. Cease and Desist Letter: Sending a cease and desist letter can also serve as a formal request for the harassment to stop and may be used as evidence in any subsequent legal actions.

5. Engage with a Lawyer: Legal guidance can be beneficial in navigating complex regulatory frameworks and procedures involved in filing complaints or suits.

Are There Penalties for Lending Companies?

Yes, the SEC has the power to revoke the certificate of authority of lending companies that are found to have violated rules and regulations, including harassment of borrowers.

Conclusion:

You don't have to tolerate harassment from online lending applications. Philippine law provides several avenues for recourse, including filing complaints with regulatory bodies and taking legal action. Always consult a lawyer to explore the best course of action for your specific situation.

Donation Philippines

Question: If the property is a deed of donation, how much tax should I pay?

Answer:

In the Philippines, a property obtained through a deed of donation is subject to Donor's Tax. The tax rates and exemptions are governed by the National Internal Revenue Code (NIRC) and updated tax reforms.

What is the current tax rate for Donor's Tax?

As of the implementation of the Tax Reform for Acceleration and Inclusion (TRAIN) Law, the donor's tax rate is generally 6% based on the total value of the gift or donation.

Are there exemptions to Donor's Tax?

Yes, there are exemptions:

1. Relatives Exemption: Donations worth P250,000 or less in a calendar year are exempted.

2. Educational and Medical Assistance: Donations specifically for educational and medical purposes are exempt, provided they meet the criteria set by law.

3. Special Cases: Certain charitable institutions, government entities, and accredited non-governmental organizations may also be exempted from Donor's Tax.

How is the tax value calculated?

The tax value is generally calculated based on the fair market value (FMV) of the property at the time of the donation. There are prescribed methods for assessing FMV, depending on the type of property.

What are the steps for paying Donor's Tax?

1. File Tax Return: The donor must file BIR Form 1800 (Donor's Tax Return) and submit it to the Revenue District Office where the donor is registered.

2. Payment: Pay the calculated Donor's Tax within 30 days after the donation is made.

3. Attach Documentary Requirements: Attach the Deed of Donation, proof of payment, and other required documents to your tax return.

4. Receive Stamp: Ensure that the BIR stamps your copies to signify successful submission.

Conclusion:

In the Philippines, donations are generally subject to a 6% Donor's Tax. Certain exemptions apply, and the tax should be paid within 30 days following the donation. Always consult a tax advisor to fully understand your tax obligations.

Recorded audio as evidence Philippines

Question: Can I use a recorded audio as a piece of evidence?

Answer:

In Philippine law, audio recordings can potentially be used as evidence in legal proceedings, but there are specific guidelines and criteria that need to be met for the recording to be admissible.

What are the conditions for admissibility?

1. Consent: One of the key issues regarding the admissibility of audio recordings is consent. Under Republic Act No. 4200, also known as the Anti-Wiretapping Act, it is generally illegal to record a private conversation without the consent of all parties involved.

2. Relevance: The audio recording must be relevant to the case at hand.

3. Authenticity: The recording must be proven to be authentic, unaltered, and reliable. The chain of custody may need to be established.

4. Clear and Understandable: The audio quality should be clear enough to be easily understood and transcribed, if necessary.

What is the process for submitting audio evidence?

1. Pre-Trial Conference: The intention to present audio evidence should be stated during the pre-trial conference.

2. Formal Offer of Evidence: During the trial, the audio recording should be formally offered as evidence.

3. Expert Testimony: Technical experts may be called upon to verify the authenticity of the recording.

Are there any exceptions to the consent rule?

Yes, there are instances where consent may not be strictly required. For example, if the recording captures a crime being committed, it may be admissible despite lack of consent, especially if it serves a greater public interest.

What penalties exist for unlawful recording?

Violations of the Anti-Wiretapping Act carry severe penalties, including imprisonment and fines. Therefore, it’s crucial to consider the legality of the recording process.

Conclusion:

While audio recordings can be powerful pieces of evidence, their admissibility in Philippine courts is governed by strict criteria and laws. Always consult with a legal expert to ensure that your audio evidence meets the necessary legal requirements.

Someone took a video of me in a public place, is that legal?

Question: Someone took a video of me in a public place, is that legal?

Answer:

In the Philippines, the general rule is that taking photos or videos in public places is generally considered legal, especially if the person capturing the footage has no ill intent. However, the legality changes when specific circumstances come into play, such as intrusion of privacy, defamation, or harassment.

What constitutes intrusion of privacy?

If someone records you in a situation where you have a reasonable expectation of privacy—even if it's in a public setting—that could be considered an intrusion of privacy. For example, capturing someone in a compromising position without their consent can potentially be a legal violation.

What about defamation or harassment?

If the video is used to harm your reputation or if it's taken in a manner that harasses or intimidates, then legal recourse may be available. This could fall under defamation laws or Republic Act No. 10627, also known as the "Anti-Bullying Act of 2013."

What are my rights if I feel my privacy has been violated?

If you believe your privacy has been invaded or that the video is defamatory or harassing, you may file a complaint with the Philippine National Police (PNP) Cybercrime Division, or a relevant local law enforcement agency. You may also opt for a civil lawsuit to claim damages.

Is consent needed for recording?

Consent is not always required for recording in public spaces, but it is generally considered ethical to ask for permission. If the recording becomes a commercial endeavor, the subject's consent is typically required.

Conclusion:

While taking videos in public places is generally legal in the Philippines, context matters. If the video violates privacy norms, is used to defame, or is captured in a harassing manner, legal action can be pursued. If you believe you are a victim, consult with a lawyer to understand your options and to navigate the legal intricacies involved.