Over the years, I have written many times on this site that we, as foreigners, if we live in the Philippines, should be careful about things we say and do. A lot of times, people say that I am being over zealous with such warnings, and that there is no danger, nothing will happen, etc.
What I am talking about is doing things like insulting Filipinos, saying negative things about Filipinos, or even about the Philippines, and particularly writing these kinds of things online, especially on Facebook.
If you think that you have “freedom of speech” and can say anything you want to say, think again. The things you say, and especially the things that you write, can come back to haunt you, and the penalties can be very serious. Many of the laws involved in this apply equally to Filipinos and Foreigners as well. Some apply only to foreigners. Whatever the exact wording of the law, you can bet that as a foreigner you will be more of a target for enforcement than a Filipino would be. The reason being that a Filipino is a citizen, we are not. We foreigners can be asked to leave at any time, and we really don’t have any choice in the matter.
The case in Cebu
News started coming out of Cebu on Friday last week. An Australian named Martyn Reid has been charged with violating the Cybercrime Prevention Act of 2012. When this law first come out there was an uproar. So many Filipinos were protesting against the law that the Supreme Court issued a Temporary Restraining Order to stop the law from going into effect for 90 days. When the 90 days passed, though, the law went into effect without much protest at all. I wondered why, all I can say is that people must have forgotten about it or moved on to other issues.
Under the law, if you post anything negative on Facebook, or anywhere on line, about a Filipino or about the Philippines, you can go to jail for that. For a foreigner we can also be deported for doing that. What does that mean? Let’s say that you are very much against corruption and you go on Facebook and say that “Governor Reyes” (this is just a totally made up name, not pointing to anybody at all) is corrupt and steals tax money. Boom. You are open to a charge that will put you in jail.
The truth is no defense
In the Philippines, unlike most countries, when it comes to libel or slander, if what you say is the truth, that is not a defense against saying it. You can still be charged and convicted even if what you say is true.
The solution to this? Just be quiet and enjoy life. Don’t get involved in saying or posting a bunch of negative stuff, even if it is true. You can and probably will get into serious trouble. Why go through the hassle?
Mr. Reid
Mr. Reid, the Australian citizen in Cebu is facing these charges because he posted comments on Facebook about his ex-girlfriend. He allegedly called the girl a “marriage scammer”. Even if she were such, he is still not allowed to say so. So, be careful what you say.
Not in Kansas anymore
Remember, when you come to a foreign country, such as the Philippines, you are not in Kansas anymore. For Mr. Reid, he is no longer in Australia. No matter what country you are from, if you travel to the Philippines, the rights that you take for granted “back home” do not travel with you. If you are living or even just visiting on Philippine soil, the laws of the Republic of the Philippines apply to you. What the law was back home is of no matter.
So, if you want to come to the Philippines, live by Philippine law. If you don’t think you can follow the law here, you are best to just stay home, or choose another country where you can follow the law.
It is an important lesson for all of us to learn and follow.
Excellent advice Bob.
Thanks Jeff.
I agree 120%. Thanks for the useful advice Bob!
Hi Nilda, nice to hear from you, thank you!
Also it’s not only the government some people just disappear or bad things happen.
Hi Mark – Not sure I understand what you mean?
Great post, Bob! The reality is that you are a guest in the country. Behave and they are likely happy to have you stay. Misbehave and things can go south quickly.
Freedom of speech is an interesting concept even in the U.S. It is and has always been much more limited than many Americans believe. And, importantly, it does not follow you outside the U.S.
Hi Tom – Yes, we are guests here, for sure. After living here for 16 years, it can be hard to remember that, but it is what we are, and we have to keep that in mind. For me, I have lived here long enough that I have adjusted my ways, but many expats have not.
Very good advice, Bob. But what if you, as a foreigner, is on the receiving end of such slander. Is there any recourse as a foreigner? Or they just remain quiet?
Hi John – If you live your life in a way that does not invite conflict, but if such conflict does arise and you find yourself the victim.. in my view the best path is to just turn away and worry about something else. I suppose you could sue, but is it really worth it?
Well said Bob,
People need to respect the laws and cultures of the Country that they are visiting.
Westerners are so use to trash talking about others they just take it for granted.
However this is not accepted in a lot of Countries. Obviously this Aussie found out.
Great post Bob
Thank you Skip. Yes, I would have to agree with the things that you say.
I really think in in the Philippines, you (esp. as a foreigner) are “guilty until proven innocent.” A scary proposition to say the least.
Hi John – I disagree. I have lived here in the Philippines for 16 years and have never faced any kind of charges or trouble of this sort. If I was guilty until proven innocent, I surely would have had some trouble by now.
Nothing would surprise me over here Bob…You can live a simple life and trouble can still find you.I had to appear in Manila court two years ago to fight a case of mistaken identity. It took all day of producing evidence/documents/character references and so forth, and still i had a sinking feeling that they were going to nail me….Eventually the head honcho saw me at 4.50pm that day (court closed at 5.30pm) and issued me a clearance certificate…very scary ordeal,as one of your readers commented a foreigner is guilty to proven innocent…..my crime , cursed with the name David Smith,haha…come to think of it Bob Martin is a very common name, beware mate, haha
Hi David – I can only judge by my experiences, and I have never had such trouble, so I can’t complain. Yeah, Bob Martin is a common name (could be foreigner or Filipino), so who knows? Luckily for me, because of my online presence, I am well known to many people. The local city government knows who I am, and they have gone out of their way at times to make sure that I am OK when there may be a reason to think that I may not be. I suspect that if such a problem came up locally, it would be cleared up before it ever reached my ears.
Bob, I agree with what you say.
I was renovating a house I bought in a sub division and one evening when I came to inspect the work carried out for the day, I found a teenage couple in one of the upstairs rooms. The house had been unoccupied for some time and the back door lock had been damaged open. So, I guess they had been using the premises for some time.
I advised them that they were trespassing as the house was bought, and sent them off and when they were leaving I asked them where they live. The girl got so scared by getting caught and then being asked where they live that she went and complained to the mother that this foreigner had been rude to her when she was passing our house.
The next day my wife and I were hauled before the management of the complex and the parents of the kids threatened to take us to court for harassing the young, and being a foreigner I would have been in big trouble.
This was an amazing turn of events and we had to bluff our way through intricate legal advice to get out of this jam – all because I was a foreigner and these were kids that I ‘abused’!!! I was also lucky that we had several witnesses also had other helpful information.
So guys, be careful. If you are a foreigner in any country, you got to be extra careful.
Interesting story, Anton! Yep, this kind of thing can get us into trouble, even on something as innocent sounding as the story that you presented.
I have been lucky, before learning to (mostly) control myself, I have said and done things that could have landed me in trouble. Thankfully, nothing ever happened. I was lucky, though.
Bob:
I would also note that when I arrived at NAIA the other day, immigration posted a warning at passport control about staying clear of political protests and political involvement.
Since this is an election season in the Philippines, it bears to keep in mind that enforcement will likely be heavier and people may very well be more sensitive about such things.
Remember during the last election there were a number of foreigners deported when they were participating in protests.
Indeed, John. Both Political Protests and displays of support can get you in trouble. Best to just avoid the topic all together.
Well thought-out. Majority of the Filipinos are now observing Holy Week. I would perhaps advise foreigners, especially those who are atheist to abstain from saying anything that could offend them.
I think it is a bit unfair to say “Filipinos are now observing Holy Week”. All Christians consider this a special week. But, yes, don’t offend… anytime. 🙂
I thought i invoke the word, “majority”.
Yes, but what I am saying is that many, probably most foreigners are Christian too. You seemed to imply that most foreigners are athiests??
I said,…..most especially those foreigners who are atheist. I think we have issues with linguistic semantics. None of my verbage implies what you impressed upon, Bob, LOL…
Hi Cornell – No problem, I don’t have an issue with it. It just came across to me that way. I mean, why even point out about atheist foreigners? I am sure there are Filipino atheists too, but who really cares?
Well, i thought it is worth mentioning since your article is about cultural and behavior deportment and awareness.
Sure, you are free to mention it, and you did! No problem with that. I hope it is also not a problem for me to respond with my thoughts. 🙂 It is my site, after all! I don’t think I said anything unfriendly to you, just expressing my thoughts as you expressed yours.
Is it all OK for you?
Good advice that should not be needed, but often is.
Thanks, Loren! I appreciate that, and agree with you that it should not be needed…
BTW, have you heard from Paul?
Loved your words on this subject. Not so sure that the people who make derogatory remarks about a country they live in would even listen to a fair warning, or whether they deserve one. I would think that common sense alone should be enough to know that “when in Rome……
Hope to be living there in about 8 months myself and I can’t wait!
Hi Dave – For some people… getting deported may be the best thing that could happen to them! 😉
“The rights you take for granted back home do not travel with you” – very well said. That pretty much sums it up & is exactly what travellers need to keep in mind.
An interesting piece with much good advice. Thanks once again Bob.
Hi Bruce – Thank you, glad you enjoyed the piece.
I was just thinking… there is a lot of anti-immigrant feeling in the USA… one way to look at this is that if you travel abroad (Philippines or anywhere else) you should act the way that you expect immigrants in the USA to act.
There is not a lot of anti-immigrant feelings back in the USA.
There is however a lot of illegal immigration in the USA that people are against. Illegal invaders in America also have nearly the same rights as American citizens. America as changed a lot since you left her although this process started well before you left.
America would be lucky if these people acted by in large the way foreigners act in the Philippines.
Hi Mike – I am pro-immigrant, but totally anti-illegal-immigration. I am in favor of people who legally immigrate. People my wife who came to the USA legally.
There is a ton of illegal immigration in the Philippines. Lots of Americans immigrating illegally. Overstaying visas (I have heard from some who have overstayed visas by 20 years). So, it is a two way street, plenty of Americans here illegally. Certainly not the numbers that are illegally in the USA, but still a lot.
We are on the same page, I just mainly wanted to point out the difference with immigration and illegal immigration because the difference is huge.
Thanks for the heads up. I guess the points you make give me one more reason to stay here in the Great USA. With all the people here bashing Obama, can you imagine if we had the same law. There would not be enough jail space. Glad your happy there, but I will stick where I and speak without fear of going to jail. I will remember your words of wisdom any time I am visiting over there, not that I can remember getting online and bashing the PI or any one there.
From what I can see, both sides in the USA are doing plenty of bashing.
It is okay to bash those that deserves bashing and the current American president deserves that and much more.
I guess it is a good thing he is spending time in Cuba at a baseball game, gives him less time on this continued path of destruction.
Hi Bob
Is Paul Ok? I tuned in for my usual Monday morning tonic known as a post from Paul T. only to be faced with a serious, but very worthwhile, warning.
Like yourself, I try to hold my tongue but it is very difficult sometimes. Like Paul I find an ice cold SMB a very useful remedy!
Cheers
AJ UK
AJ – I have not heard from Paul, it is very unusual. I emailed him with no response. Also, he has not posted on FB for several days, and he is normally very active there. So. is he OK? Not sure, but I hope so. Probably just his internet is out, which has happened before.
My grandfather used to say if you don’t have anything good to say keep your mouth shut.
His advice 50 years ago works today and around the world.
We would all do well to remember that one, LeRoy!
Very Interesting Info… TY
Thanks, Lenny.
Hi Bob, I’m with you keep your views to your self especially in political matters, and try
To be a good guest because that’s what we are only guests of the Philippines learn to chill out and relax, I’ve seen countless foreigners lose it over tiny little things,
Derek in pasig, also looking forward to hearing from Paul in subic hope he’s okay.
Yep, me too, Derek! I believe that living in a manner where you don’t offend your neighbors, be friendly, and not get involved in local matters is the best way to have a great life here. Works for me.
Hi Bob,
I totally agree with you! When you are outside of your home country you are visitor and are subject to the laws of the country you are in. I believe in never drawing attention to yourself. And that even now goes for when I am in the US. You draw attention and you become a target for criminals (in foreign countries it can get you kidnapped or killed) and the government (violating the law or not).
I stay very far away from talking politics of any country other than my home country, and I still don’t say much about it there. My dad always said “there are two things that will quickly start a fight and that is politics and religion.” I refrain from talking about either till I really get to know someone.
Hi Scott – Wow, I find it kind of amazing that everybody is agreeing with me! In the past, when I brought this kind of topic up, a significant portion of those who commented thought it was stupid, or disagreed in some way. Maybe it is because the law enforcement has shown that they will be enforcing this policy?
Thanks for your comment, Scott.
I have always been mindful of when traveling you must follow the laws of the country you are in. I think it might have to do with enforcement and/or people are becoming more aware that when you travel you are subject to the laws of that country.
I think that is a possibility, Scott. 🙂
I take back Bob for president then. Just a term of endearment
OK… if you think I was planning to run for President, you might want to think again! 😉
No matter where I am, I refrain to write anything derogatory toward anyone or organization, political or others. I do this simply because there is always a possibility that I can be wrong. If I am right, the truth will eventually come out from somewhere else. I feel that there is enough people that don’t like me as it is that I don’t need to cultivate that list :-).
I think you are very wise, Michel.
Hey Bob, we just returned from a 2 months trip to the RP. Like any visitors there were things that I could not adjust to. I just suck it up and went on to enjoy our trip the best we could. And enjoy we did !
This topic comes up here from time to time and it is most likely one of the most important topics to know and be reminded of. There are many times where you might have to exercise patience in The Philippines and most likely other countries as well, when compared to the USA or wherever your home country is. I remember similar situations in the UK in having to be patient in certain situations when I did a lot of traveling there in the 1990’s.
Since then, instead of exhibiting less than the best behavior possible I try to find out why things are the way they are and more times than not there is a very good reason. Having local friends from different backgrounds that can explain these things to you is also a big help.
Thanks for publishing this topic again Bob, It serves as a good reminder to visitors and foreign residents not only in The Philippines but I am sure many other countries as well.
Thank you Bob! I think you are a good ambassador for our country when you travel!
Good advice
Thank you Denzil.
Good points, Bob. And I too am surprised that most f my fellow commenters seemed to understand and take your advice to heart rather than blustering out comments about their “rights to free speech”.
I’ll tell you how far these often hidden feelings toward foreigners can go. A few years ago I read about a very visible and rich Filipino “celebrity” who filed a case against a Filipino restaurant owner in Cebu because the restaurant insulted and dishonored the celebrity by SERVING a FOREIGNER BEFORE THEY SERVED the self-important “celebrity”. The foreigner wasn’t even involved, didn’t say anything, wasn’t charged with anything and wasn’t even named in the case.
My point is, people can become offended over what seems like trivial things, and in the Philippines these feelings of being “disrespected” can form the basis of legal action. I have no idea if the case “prospered” any farther than the initial filing, but it woke me up to some things about life here which I really hadn’t thought of before. Keep a low profile, don’t ever let yourself get served out of turn, and do your best to be gracious … even if it’s not “right”. It’s easy to get in a situation were you are “technically” right but things can turn out dead wrong.
In the USA you can normally bellow about your “rights” and sling insults (almost) without regards to consequences … but not here in the Philippines.
Really! Don’t let yourself get served out of turn. We have no control when we get served. I think a lot of these laws hurt the Philippines in the long run.
Hi Dave, I am also quite surprised, and happily so, at the reaction to this article.
I was not familiar with the court case that you mentioned, but it does not surprise me. Sounds fairly normal given the way things work here.
Thanks for sharing, Dave.
You should not be surprised because it is common sense and good advice. Hmm.. maybe being surprised is appropriate.
Anyone who has spent anytime in the Philippines knows this is not Kansas as you stated. Most think some of these things are simply crazy but also understand we are not in a position to change anything. It will up to the locals if they desire the Philippines to make sensible changes. Until then we just need to do as you state, live a clean, quiet enjoyable life.
I wanted to follow up with another reply.
I have a close friend who is a professional here in Davao. In addition to our friendship, I use her services and I also do some work for her.
Every time I go to her office, even if there are many people waiting ahead of me, she always serves me first. It makes me uneasy, and I have asked her to let me wait my turn, but she won’t do it.
Even though it makes me feel bad I don’t think it would lead to trouble because we are like family we are so close. If any kind of case were ever filed and she explained that she serves family first, I believe a Filipino court would rule in her favor.
The advice sounds really good. But some of the stories of misfortunes of the foreigners, however innocently it happened to them sounds well… Scary. Not horror story scary but close. It sounds as a foreigner that you have to tiptoe around the people of the Philippines so as not to offend. Sounds like just being a foreigner there makes you a potential target every day. I understand we are guests in their country. How are you able to enjoy all that that country offers with that kind of cloud hovering over?
John,
Good observation!
Hi John. I do think that at times a foreigner has to tread lightly and be careful here. I do enjoy life here though. I do my best to be respectful, avoid looking for trouble, and don’t get involved in situations that don’t involve me. So far it has worked for me.
Kind of an interesting topic to read this fine day. I am new around here and only posted a few times, you might see me get more involved as time goes on, though.
A couple things on this, staying out of trouble in the PI is probably the best advice you can give someone going to PI for the first time, or planning on living in PI as a foreigner.
I am going to tip toe the best I can when I say this next part, though. If a country wants to promote tourism in their country and improve their status on the global scale, they may need to adjust some laws and “thoughts.” Getting deported for calling out a scammer a scammer seems a little harsh to a lot of people. It’s like promoting it’s ok to steal from others or lie to them because they are a foreigner.
I use to read a website once in awhile called Filipinofail or something like that. I wasn’t a member but had read a few of the articles and felt some of the stories were right on point, well others seemed a little exaggerated from my experience.
Is this what happened to that website? I noticed last month it was offline.
It would be interesting, what if a person was to write a book about warnings of scams a person might encounter while traveling in the PI, are they going to toss you in jail for that book? I would think that would get some really bad PR globally for them. If it’s a fact based book at least.
One thing I do personally is I write in pen name online, and I don’t really have much negative to say about PI.
Hi James – In the case of writing such a book.. if the author lived here in the Philippines, I believe it is possible that he could end up being deported or put in jail (assuming the author is a foreigner, of course a citizen cannot be deported). I don’t know for sure, that is just a possibility in my opinion.
If the author was living abroad, I don’t see how they could get into trouble.. unless they traveled back to the Philippines. When they arrive they may find that they have been blacklisted and cannot enter the country, or if they are allowed to enter, they just might be served a summons.
Can’t know for sure!
Bob,
A quick question. If a foreigner becomes a permanent resident of the Philippines does he not have the same rights as filipino? What if he becomes a citizen?
Ive also noticed lots of people agreeing with your article and I’m a bit shocked by it. Especially from the Americans. These rules that the phils have seem to be designed to keep the masses under their thumb of the rich and powerful.
Is there even such a thing as investigative journalism?
I agree as a tourist you should just close your mouth and enjoy your vacation. But if you live there permanatly then you are not a visitor…..you are home. And you should be able to “complain” or make a compaint against someone who has done you wrong. I dont get involved with the whole “posting on fb” thing. Im more worried about professional media being silenced by the government. Its a sign of tyrannical governship that anyone living their should deeply consider.
A population that doesnt have a voice are in essence slaves. Bound by whims of their masters.
Hi Willie – As a foreigner with a resident visa, I have the same rights (in the area of speech) as a tourist. I do have some rights that a tourist does not have, like the right to stay here permanently and such. But, generally my rights are the same as yours when you step off of the plane.
I accept this. If I did not want to accept it, my choice would be to move elsewhere, but I have a good life here, and I enjoy living here, so I accept the rights that are afforded me here in the Philippines. I have always been treated fairly, so I have no complaints.
Bob,
What gets most folks in trouble is they confuse freedom with liberty. They are not interchangeable and certainly not able to be properly compared using dictionary definitions.
In short, the advice you give is direct and true. Ignore this advice at ones own peril. Folks may have logical arguments against it, but logic does not play well when emotions and hiya are involved.
Good thoughts, Joe. I think that what you said – ignore it at your own peril – is great advice too, for anybody considering relocating to the Philippines.
When I am in a different country,as a guest I try to behave as a stranger in a strange land.
However when I return home I’m just weird/normal.
It does amuse me that people worry so about things over witch they have no control, Who is the leader or the form of government in a foreign land. If one worries about such one should leave.
Many in the States, including some ‘celebrities’ say they will if Trump is elected president, sigh, even though that would most likely be a blessing, I’m still finishing my move to Fil.
Gerald,
Why wouldnt one “worry” about who is the leader of a foreign land? I certaintly make sure Im aware of the type of government of every foreign land I visit. Not doing so is foolhardy in my opinion especially in this day and age.
Lots of governments out there who are not so keen on westerners….
As stated, you should leave or not go….up to you.
They used to say in eastern Europe you vote with your feet.
Today much of the world does the same, at times at great risk.
Ha ha… not worrying about things over which you have no control is a great way to look at it, Gerald!
This opinion piece gives you an idea what can happen. While it is North Korea, pay attention to what it says consular officers can do for you. Hint: Not much.
http://www.cnn.com/2016/03/18/opinions/american-student-hard-labor-north-korea-cevallos/index.html
That is true, Tom. Anybody from the US government cannot do anything for you if you act badly abroad and break the laws of your host country. They will make sure that you are being treated fairly, within the laws of the host country, but beyond that, there is nothing they can do.