Inilabas ng PNP ang video kung saan makikitang hinampas ng cellphone ni Honeylet, partner ni Dating Pangulong Duterte, ang isang pulis.
Ano ba ang sinasabi ng batas tungkol dito? Alamin ‘yan kasama ang ating #KapusoSaBatas Atty. Gaby Concepcion.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories. Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
Ano ba ang sinasabi ng batas tungkol dito? Alamin ‘yan kasama ang ating #KapusoSaBatas Atty. Gaby Concepcion.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories. Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
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FunTranscript
00:00Hey, come with me.
00:02The price is here.
00:04Hey, what are you doing?
00:06Ouch!
00:08That was a tense encounter
00:10before our President Duterte
00:12boarded the airplane
00:14to go to the Netherlands.
00:16Hold me.
00:18Come with me.
00:20The price is here.
00:24At that point,
00:26the former President was separated
00:28from his wife, Hanilet Avancenia,
00:30and their son, Kitty.
00:32When the parents
00:34were separated,
00:36they saw that Hanilet
00:38was hit on the head.
00:40The PNP said that it was a cell phone
00:42that was hit on the female member
00:44of the PNP Special Action Force.
00:46It caused a big
00:48commotion
00:50because of this,
00:52Hanilet was accused of direct assault.
00:54What does the law
00:56say about this?
00:58Ask me, ask
01:00Attorney Gabby.
01:08Attorney, direct assault is
01:10a possible complaint
01:12by the police against Hanilet.
01:14Is this a solid evidence
01:16seen in the video,
01:18and what is the possible punishment
01:20for this case?
01:22Well, those videos are a solid evidence
01:24just like other electronic
01:26evidence like cell phone pictures
01:28and CCTV recordings.
01:30This is according to
01:32Republic Act 8792
01:34and the Rules on Electronic Evidence
01:36which states that electronic
01:38evidence can really be used.
01:40But it can only be used
01:42if it is proven
01:44and authenticated that it is not
01:46fake, edited, or AI
01:48generated. As you know,
01:50a lot of videos
01:52are fake,
01:54so an expert needs to
01:56investigate if it is
01:58not fake.
02:00The videos are classified as
02:02ephemeral electronic evidence
02:04and it is better if
02:06there is a witness
02:08who can identify
02:10the video and explain
02:12how it was recorded
02:14and hidden.
02:16Of course, it is better if
02:18the witness is someone who
02:20knows the incident and actually,
02:22if you look closely,
02:24there are a lot of possible witnesses.
02:26It has been reported that a case like this
02:28is a case of direct assault
02:30under Article 148
02:32of the Revised Penal Code.
02:34Direct assault is a crime
02:36where a person in authority
02:38is attacked or used
02:40by a person in authority
02:42while doing his
02:44official duties.
02:50Attorney,
02:52will the punishment be heavier
02:54because a police or person in authority
02:56who serves a warrant
02:58is involved? Well, of course, yes.
03:00For example, if you
03:02hit the head of a police
03:04who serves a warrant, the crime is
03:06direct assault and the penalty is
03:08prison correctional in its
03:10medium and maximum periods,
03:12which is 2 years, 4 months, and 1 day
03:14for up to 6 years.
03:16And there is also a fine of up to
03:18P15,000. If you hit
03:20your neighbor,
03:22the person in the corner, or anyone
03:24who is not a public officer
03:26in the performance of his duties,
03:28it can be a case of slight physical
03:30injuries only and the penalty
03:32is arresto menor, which is
03:341 to 30 days imprisonment.
03:36So the difference is quite big, isn't it?
03:38This is because a person in
03:40authority, like the police,
03:42or the other persons in authority,
03:44judges, or other public officials
03:46are bodies of the citizens
03:48or the state and should not
03:50be undermined or
03:52their authority is wasted
03:54because they represent the state.
03:56So the penalty is really
03:58heavier if they are
04:00our target to use force.
04:02We will clarify
04:04the laws we are discussing.
04:06You know it already.
04:08For peace of mind,
04:10don't think twice.
04:12Ask me, ask
04:14Mr. Truliga.