Thank you for all of your reply! We decided to not pursue anything

Hello po mga magagaling at mababait naming ATTY's.
Need lang po ng legal advise if we can sue them for Child Exploitation?

> Background:
Last year po nag pa photo shoot po kami sa PICTURE PICTURE Photo Studio we got the pictures and also soft copy saved copy on a CD. Normal transaction wala po kami pinirmahan except the O.R.

> The CASE:
Meron po nakapagsabi sa amin na kapit bahay na nakita po nila ang picture ng anak namen sa Jollibee ginamit po ito as part of the sample Hello Kitty theme tarpauline na perks po sa pag aavail ng Party sa kanila.
We went  there to personally verify, it was confirmed na picture po ng anak namin un and it was the same photo na inavail namin sa photo shoot sa PICTURE PICTURE more than a year ago.
The problem po is wala po kami concent regarding the use of the picture and even the name ng anak namin that they indicated was just invented.

Please help po to provide legal advise.

You have no Cause of Action. Walang damage sa iyo at sa anak mo.

HrDude wrote:You have no Cause of Action. Walang damage sa iyo at sa anak mo.

I respect your opinion.
I do hope to have other advise that has legal basis/explanation

1)They do not have our permission to use our child's photo for what so ever purpose.
2)Our child was subjected to public display and had been expose to uncontrollable public comments
3)Our child's photo was used for the purpose of advertising there products and services to gain profits.

I also understand your stance. You are asking questions of the possibility of you suing an entity (Jolibee)

NOTE: Before you can file a Civil Case (not Criminal case) against anyone, you have to have a cause of action. If a case is filed without a valid cause of action, such will be dismissed for 'Lack of Cause of Action'. In this situation, NONE, you don't have a cause.

1)They do not have our permission to use our child's photo for what so ever purpose?

NONE, they don't have any permission, as you stated.

2)Our child was subjected to public display and had been expose to uncontrollable public comments.

Assuming this is true, what happened to your child? Did he suffer? Was he humiliated/ridiculed? If so, can you prove this?

3) Our child's photo was used for the purpose of advertising there products and services to gain profits.

Is your child that 'famous' for you to declare that Jolibee is using your child's photo for profit? Well, unless your child is famous, you can ask for royalties.

Have you asked yourself, where did Jolibee got the photo?Was it given by PICTURE PICTURE? because if it was uploaded in the net, the same becomes public domain. Even so, the same does not give rise to a cause of action. Look, the most you can file a case against is with PICTURE PICTURE. But again, what is your Cause of Action? Damages? ON what grounds?

Is sad to say that based on your statements any one can use pictures of minors and do what they want for their personal gain even without the permission/consent of the parents or guardians of the child...  

Pwede ka rin maginquire(ask mo pano nila nakuha yung pic) sa branch ng jollibee kung saan mo nakita ang pic ng child mo. Just my opinion.

If a picture or video was taken NOT IN A PUBLIC PLACE and which was taken under contractual obligation and is in fact a PRIVATE property of the contracting party, and no waiver/consent to share given and this was violated, ask a lawyer about it or refer to the right to privacy act.