Hi everyone,

This is my first post in this forum.. I hope this is the right place and someone can enlighten me on this question..

Is there a law here in the Philippines stating that if a person was used in promoting their company/business by any form of advertisement (radio, newspaper, posters, etc), they need to reward that person? Or is it only between the agreement of both parties? What if there's no agreement? They used the person's picture and also mentioned the name in the advertisement but didn't give pay..

Thanks you in advance..

I think this is a question of intellectual property. If there is no agreement between them, then the person owning the intellectual property to the said material can inhibit exhibition of such ads. On the other hand, they can stipulate on royalty if they want to use the material.

anonymous wrote:


Actually, contract is obligatory in whatever forms they may been entered into, (Art 1356 of Civil Code) provided that their essential requisites are presents such as the

(1) consent of the contracting parties;
(2) object certain which is the subject matter of the contract; and
(3) cause of the obligation which is established.

If these three are presents then regardless of whether the agreement is verbal or written then one of the contracting parties must comply with what is incumbent upon him because the law provides that contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law.

But if the amount to a contract exceeds Five Hundred Pesos then there shall be a written instrument needed even if in private one.

In your case, if it can be proven that there is already and existing contract between the parties, that the person was hired in behalf of the company to promote their products and services then the agrieved party may ask for damages for non-compliance therewith.

Preponderance of evidence will suffice...

lawlessman and mjlagumbay,

Thank you very much for providing useful information.. This really helps..

Thanks and God bless!

anonymous wrote:


No problem, its a pleasure.