Aired (August 25, 2023): Viral ang CCTV footage ng panghoholdap ng anim na lalaki sa Imus, Cavite. Makikitang mga naka-helmet at armado rin ang mga kawatan habang isinasagawa ang krimen. Ano nga ba ang pananagutan sa batas ng mga suspek? Pag-uusapan natin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion.
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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.
Hosts: Arnold Clavio, Susan Enriquez, Ivan Mayrina, Mariz Umali, Suzi Entrata-Abrera, Lyn Ching-Pascual, Matteo Guidicelli, Shaira Diaz, Kaloy Tingcungco, Chef JR Royol
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00:00 [music]
00:02 The CCTV footage of the holding of six men in Imus, Cavite went viral.
00:07 Let's show this.
00:08 Those who are already lazy.
00:10 Those who are wearing helmets and are also armed with weapons while committing crimes.
00:15 What will the law answer to those who are already lazy?
00:19 Let's talk with our lawyer.
00:22 Attorney Gabby Concepcion.
00:24 Attorney, good morning.
00:25 Good morning.
00:26 We are angry with the lazy.
00:27 We are not working.
00:28 Attorney, anyway, the victims really did nothing.
00:31 Because of the shock, while they were eating, of course, they were armed.
00:34 I imagine, while eating, they just entered like that.
00:36 Anyway, what are the cases waiting for these suspects?
00:39 It seems like one of them was caught and his companions were already taught.
00:42 Well, this is the classic case of robbery.
00:45 We have to be careful in using the terms theft and robbery because they are different in the law.
00:51 But in Tagalog, it's just "pagnanakaw".
00:54 When we say theft, it's when you get a personal property without permission.
00:59 But when you use it,
01:01 There's a bit of shame.
01:02 But like this, it's when you use violence, intimidation, or force, it's robbery.
01:09 Needless to say, the punishment for robbery is heavier.
01:13 But under the revised penal code, the robbery where no one died,
01:18 because there are many that can happen,
01:22 the robbery where no one was hurt, this is really just a plain theft,
01:27 the penalty is still a bit higher, 4 years and 2 months, and 1 day to 10 years.
01:32 But there's a special provision that if this is a robbery by a band,
01:37 not even, it means a band,
01:42 Wow, it's like showing your age.
01:44 At least 3 armed robbers will be punished with a maximum of 10 years.
01:51 So these 6 people, they should be 10 years.
01:53 So qualified to be a band.
01:55 There are more cases where the weapons used are not licensed.
02:00 So that's another case.
02:02 We can also see that the suspects are wearing helmets and armed.
02:05 In this situation, can they be charged with a heavier penalty because aside from the robbery, they are armed?
02:11 Well, the fact that they are wearing helmets, it doesn't seem to have much effect.
02:15 But the use of guns, generally in cases of robbery,
02:19 this is a heavy case, it is qualifying.
02:22 And what will happen is that the maximum penalty will always be the penalty of imprisonment if guilty.
02:28 So for example, if in a robbery case, someone was hurt,
02:31 the penalty is reclusion temporal, which is 12 years and 1 day to 20 years.
02:37 If there are armed robbers who hurt the victim, their penalty will be 20 years.
02:43 So the effect of qualifying the use of guns in a robbery case is really big.
02:48 Here, attorney, in this case, for example, the last suspect is the only one.
02:51 Is he obligated to sing or to beat the suspects and with him, he committed a crime?
02:57 Like, "Wait a minute, I was caught with a bag. Why me?"
03:00 The cat, right? The cat holding the bag.
03:03 In my opinion, well, they can't be forced to sing the person they caught.
03:07 That's why when a person's police caught, there is a requirement that they be mirandized, right?
03:12 The Miranda rights.
03:13 And the offense of this, we know, it's very familiar, you have the right to remain silent.
03:18 Anything you say can be used against you.
03:21 So you can't be forced to speak, whether to incriminate himself or somebody else.
03:27 But in my opinion, if he suddenly sang and gave voluntary information,
03:32 who are his accomplices,
03:34 Don't be a centonado, okay?
03:35 Why? This is still in the band.
03:37 Maybe this is an analogous case to have what we call mitigating circumstance or to lower the sentence.
03:45 It's just analogous because the specific mitigating circumstance is surrendering, confessing,
03:51 confessing a crime or giving a plea of guilt to himself.
03:55 But there is a case that the Supreme Court said that the testifying to catch the accomplices
04:01 can be used as an analogous mitigating circumstance to lower the penalty of imprisonment.
04:07 He said, "Maybe, right? Why not? I'm the only one who will be imprisoned.
04:12 Six of us are lazy."
04:14 Then, we're both lazy. Why did I get punished?
04:17 Anyway, Attorney Gabby,
04:19 But it's annoying, right?
04:20 It's annoying. You can see that the victims are helpless.
04:23 Correct.
04:24 Attorney Gabby, thank you very much.
04:25 Thank you very much.
04:27 And happy long weekend.
04:28 Happy long weekend, except for us.
04:30 [laughs]
04:31 [BLANK_AUDIO]