Kapuso sa Batas- Maling akala | Unang Hirit - video Dailymotion

GMA Public Affairs

Aired (September 18, 2023): Lalaki, kinuyog matapos akalaing siya ang maysala sa pagpatay. Ang totoong suspek, nasa loob lang pala ng barangay hall. Ano ba ang sinasabi ng batas tungkol rito? Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion. Panoorin ang video.  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

Transcript

00:00 A man was arrested for wrongful conviction. He was arrested after a local resident was sleeping in the house.

00:07 He was accused of having a murder case.

00:11 The real suspect was inside Barangay Hall.

00:15 What does the law say about these incidents?

00:19 Let's find out with our "Kapuso sa Batas" attorney, Gaby Concepcion.

00:23 Good morning, attorney.

00:24 Good morning. That video is so embarrassing.

00:28 What we can say is that there are many wrongful convictions.

00:32 It's really dangerous.

00:33 We often hear about these kinds of cases,

00:38 cases of arresting a suspect.

00:40 What if it's a wrongful conviction like the one you mentioned,

00:43 what will happen to those who are being arrested?

00:48 Well, at the end of the day, it's night.

00:52 It's night time.

00:53 This is still a case of physical injuries, whether serious, less serious, or slight physical injuries.

01:01 We will know who is involved in this.

01:06 Usually, because there is CCTV, it's easy to find out who did the wrongful conviction.

01:13 But if this is a spontaneous ramble,

01:16 where there are many people involved,

01:18 well, actually, it's the same as this.

01:20 There is a crime in Article 252 of the Revised Penal Code

01:24 called "Physical Injuries in a Tumultuous Afray."

01:29 Afray. It's scary.

01:30 Afray. I'm so afray.

01:31 No, it's different. Afray.

01:32 Afray.

01:33 Afray.

01:34 This is a crime in a ramble where there are not less than four people involved,

01:39 and someone got hurt, and we don't know who really got hurt.

01:45 All the people involved who look like they are injured are guilty.

01:49 The penalty is lower than, for example, serious physical injuries.

01:53 But they have the same weight of the case.

01:55 But they are the same.

01:56 So, the mistaken identity, the wrongful conviction,

01:59 it cannot be different or the case cannot be removed from the convicts

02:03 because they still did the wrong thing.

02:05 Yes.

02:06 This is called in the law, "Error in Personae,"

02:09 a wrongful conviction in the identity of the victim.

02:12 The intention of doing something wrong, of hurting someone, is not lost.

02:18 The identity is just a mistake.

02:20 So, as far as the law is concerned, the case is still the same against the victim.

02:24 Even if they apologize, you will be locked up.

02:27 Can you, attorney, consider this a citizen's arrest?

02:30 These cases of robbery so that the suspect in the crime can be caught.

02:35 They thought it was a suspect.

02:36 If it's a citizen's arrest, the arrest should be peaceful, right?

02:40 That's why we say again and again that it's better if you call the police or the authority

02:47 instead of taking the law into your own hands because first of all, you might get hurt

02:52 or you will make a mistake and you will be the one to be charged because you made a mistake in your identity.

02:59 The citizen's arrest or even the arrest without a warrant of a law enforcer,

03:04 you cannot do it just like that because you might think it's wrong.

03:08 Under the law, only those who can arrest without a warrant can do it

03:12 if it is an "inflagrante delicto."

03:14 We have a lot of Latin words today.

03:16 "Inflagrante delicto" or "caught in the act"

03:19 "Huli sa acto."

03:20 Or if the person who wants to arrest is just committing a crime,

03:24 you have personal knowledge that he is the one who did it.

03:27 Sure, sure.

03:28 Sure, sure.

03:29 And you will be the one who is being chased.

03:32 This is called "hot pursuit."

03:34 But the requirement is personal knowledge, not gossip, not gossip, not fake news

03:40 because there might be a mistaken identity.

03:43 The person who is being arrested might be hurt.

03:46 Who just happened to be in the wrong place at the wrong time.

03:49 Just like in the video, the person who they think is the one who committed the crime,

03:53 the person who actually committed the crime is inside the barangay hall.

03:57 They are pitiful because they became victims.

03:59 It's very likely, attorney, that the person who was chased is a minor.

04:03 The child is pitiful.

04:04 The suspect is very likely.

04:05 Will the case be heavier on the victims because the victim is a minor?

04:10 Well, usually, this can be included in Republic Act 7610 as a form of child abuse.

04:16 Under this law, child abuse or abuse of a minor, which could be physical abuse,

04:22 or anything that demeans or debases the worth and dignity of a child,

04:26 can be considered as child abuse.

04:28 Although, we need to take note, in a case that reached the Supreme Court,

04:32 the court said that not all cases of child abuse are child abuse.

04:37 The Supreme Court said in the case of Bongalon v. People of the Philippines,

04:43 the beating of a man by a minor caused a lot of heat in the head

04:48 because the child committed a crime to his children.

04:50 A case for physical injuries and not child abuse depends on the facts and circumstances

04:57 of the abuse of a minor.

04:59 Before we can say that this is a case of child abuse under Republic Act 7610.

05:05 And not all cases involving a minor are automatic mitigating circumstances.

05:12 So, we still need to look into it.

05:14 The takeaway is that it's not because everyone is accusing him of having a crime.

05:17 Correct. And don't get confused because I'm sure that this case started with one person,

05:23 later, it's a group of people who don't know what the reason is.

05:28 That's what I call a misunderstanding.

05:30 Attorney Gabby, thank you very much.

05:32 You're welcome.

05:34 [BLANK_AUDIO]

Kapuso sa Batas- Maling akala | Unang Hirit

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