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A Foreigner Looking For Justice In The Philippines

πŸ“… 2024-09-13⏱ 28:10
πŸ“… 2024-09-13 Β |Β  ⏱️ 28:10 Β |Β  πŸ‘οΈ 120K views Β |Β  πŸ‘ 7.5K likes Β |Β  πŸ’¬ 1.5K comments

Pea interviews Bert, an American who has had an office in the Philippines for 12 years while splitting time between Seattle and the Philippines. He tells the full story of discovering his manager embezzled 4.3 million pesos, the absurd journey to get him arrested, and the deeply frustrating two-year trial β€” all of which paints a vivid picture of how the Philippine justice system works (and doesn't work) for foreigners.

How the theft happened ​

  • Bert's office manager, JP, embezzled 4.3 million pesos over 12-15 months through a scheme involving the banking system
  • JP had a former classmate working as a bank manager, who helped him set up a separate US dollar account under the company name
  • JP told Bert the account was a "sweep account" that couldn't be withdrawn from β€” money would go in as dollars, get a preferred rate, and sweep across to the regular account
  • In reality, JP would receive the wire transfers (which were the entire month's payroll in USD), skim money for himself, convert the rest to pesos, and deposit only the amount he wanted
  • He also padded extra work days into the books and manipulated exchange rates to cover the shortfall
  • When the budget came up short, JP told the bookkeepers not to raise it with Bert: "Don't talk to Bert, he might fire you β€” we'll make up the budget in other ways"
  • The auditors and bookkeepers didn't even know the second account existed
  • It took Bert almost a year to realize something was wrong

How Bert discovered it ​

  • Bert walked into the bank with his assistant and asked to see account records
  • When they asked about a second account, the bank pulled up paperwork that was clearly just a copy of the original account documents with certain information deleted
  • The entire bank staff started getting "frantic" when Bert noticed this β€” they knew something was off

The confrontation with JP ​

  • Bert flew from Seattle trying to be stealthy, but at 4 AM in Manila airport, the person in front of him in the boarding line was one of his employees' husbands
  • Bert begged the man not to tell his wife β€” "I thought, this is the Philippines... I have no chance" β€” and sure enough, by the time he arrived, the entire office knew about his surprise visit except JP
  • JP was brought in under the guise of doing company paperwork and was genuinely surprised to see Bert
  • JP said "I'm so happy to see you" β€” Bert replied "you're probably not going to be as happy as you think"
  • When confronted, JP's response was: "I understand Bert, I took too much" β€” not "I'm sorry" but that the amount was excessive. Bert replied: "One peso would have been too much"
  • Bert gave JP a pen and paper to write his own confession (no computer access), which JP did and signed
  • JP's bag was retrieved from the office and contained all the wire transfer receipts plus 100,000 pesos in cash he was about to send to his family β€” JP signed a receipt acknowledging it was company money
  • Bert's lawyer said "he'll never sign a promissory note" β€” but JP signed that too. So Bert got a signed confession, a promissory note, and physical evidence in one day

His Filipino employees' surprising reaction ​

  • Bert initially felt lenient β€” JP faced 20-40 years, and Bert figured if someone doesn't learn in a couple years, 40 won't help. He considered negotiating a deal with some jail time plus repayment
  • He asked his Filipino managers for their opinion, expecting leniency from the deeply religious ones who were close to JP
  • Instead, they "really chewed him out": "Bert, this isn't your country, these aren't your laws β€” he knew what the law was and he did it anyway"
  • They were furious because JP had jeopardized their jobs by jeopardizing the company
  • They told Bert flat out they would lose respect for him if he didn't pursue full prosecution β€” not doing so would violate Philippine customs
  • Bert was genuinely surprised β€” says this would not have been the reaction at his US office

The arrest: a uniquely Philippine experience ​

  • When the warrant came through, Bert flew down to execute it quickly before JP could go into hiding
  • JP was now teaching at Christ the King School (a religious school) β€” possibly an ethics class, Bert notes with irony β€” in a town 3 hours away
  • The police told Bert he'd need to rent a car (they didn't have one) and a driver (they couldn't drive well)
  • Bert rented two cars β€” one for the police transport and one so he, his assistant, and fiancΓ©e could go snorkeling and have lunch at a nearby favorite spot after the arrest
  • On the way, the police needed to drop off a friend at the port, causing delays β€” Filipino time β€” and they arrived at the school at 10:10 AM instead of 9:10, only to learn JP had left 8 minutes earlier
  • But the police had radioed ahead to the city police, who went to the school and arrested JP independently β€” they held him at the station so Bert's group could witness the booking
  • Group photo with the entire police department to celebrate the arrest β€” it was unusual to see a foreigner prosecuting a Filipino in that province

Lunch, snorkeling, and a rooster β€” with a prisoner in the car ​

  • Bert invited the police to lunch at his favorite restaurant; 12 officers accepted (out of about 4 total originally with them β€” basically the whole department came)
  • While everyone ate, JP sat handcuffed and crying in the back of a hot car with the windows down
  • Police traded shifts watching him β€” "George" would come eat while "Steve" watched, then they'd swap
  • Bert felt a little guilty and suggested sending JP "a sandwich or something β€” not anything too good" β€” they did send him a sandwich and water
  • Everyone had dessert (halo-halo and ice cream sundae) because "you don't offer free food" to Filipinos without them accepting
  • Bert's group went snorkeling for an hour and a half; when they returned, JP was still sitting in the car crying β€” the police hadn't bothered to leave yet
  • On the drive back, an officer politely asked if they could stop at a cockfighting farm so he could buy a rooster β€” Bert just laughed and agreed
  • The rooster rode in a box in the trunk, crowing the entire 3-hour drive back with the prisoner

JP's mother at the station ​

  • JP's parents had already heard about the arrest and driven to the jail before Bert's group arrived
  • JP's mother immediately approached Bert: "My son is such a good boy" β€” Bert said "Ma'am, are you aware how much he took?" β€” she deflected until he said "4.3 million pesos" and she stopped talking

The "alone time" with the prisoner ​

  • At the station, an officer asked Bert if he'd like "some time alone with the convict" β€” he was led into a room where JP was handcuffed to a table, then the door was closed and locked behind him
  • Bert interprets this as the police expecting (or at least allowing) him to beat JP up
  • They just talked; when Bert knocked to leave, the officers checked JP and "looked a little bit surprised that everything was" intact

The trial and Philippine justice system ​

  • JP was bailed out the next day for 600,000 pesos on a 4.3 million peso theft
  • Philippine bail is not refunded even if you show up to all hearings β€” it goes to the court system, not toward restitution
  • Unlike US trials where a block of days is scheduled, Philippine trials give you one court appearance per month β€” the trial took almost two years
  • Philippine law allows civil and criminal cases to be combined under one lawyer
  • The mandatory sentencing adds extra time per thousand pesos unrepaid, which added up to over 40 years (capped at the 40-year maximum)
  • Bert offered a settlement: JP signs over the family home, but his parents can live there until they pass. JP initially agreed then went silent β€” the case went to full trial

The verdict β€” and its absurd aftermath ​

  • Packed courthouse; JP received 12 convictions for qualified theft, all guilty, adding up to over 100 years (capped at 40)
  • But JP was NOT arrested after the verdict β€” in the Philippines, you can immediately file appeal paperwork and request your original bail be transferred
  • JP walked out of court that day with 12 felony convictions and went home
  • During the appeal (still ongoing 2+ years later), JP opened a restaurant and got married
  • The stolen money was gone: receipts showed a 40,000-peso real Christmas tree, extensive money wires to his mother via Palawan Express, a full remodel of the family home, a store stocked with high-end liquor, and partying with friends

Bert's takeaways for foreigners ​

  • The Philippine justice system moves "incredibly slow"
  • He now understands why there's more corruption and white-collar crime β€” "it's pretty hard to get a conviction"
  • Foreigners shouldn't assume the court system will work like it does in the US β€” recourse is long, expensive, and often won't reach the conclusion you'd expect
  • Bert is clear this isn't a "Philippine thing" β€” "He didn't take the money because he's Filipino, he took the money because he's a jerk"
  • Pea apologizes on behalf of Filipinos; Bert reassures her he still loves the Philippines

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