• 9 months ago
“Atty., makukulong ba ako sa chismis?”

Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion. Panoorin ang video.

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Transcript
00:00 Let's talk about the legal issues, about the hot issues.
00:03 That's what our heart will answer in the court.
00:05 Attorney Gabby Concepcion.
00:06 Attorney, take it away.
00:07 Thank you, Maris.
00:16 Here's all you need to know, ask Attorney Gabby.
00:19 For sure, our comment section will be noisy again this morning.
00:24 Because we will talk about gossip.
00:29 Not only in households, but also on the internet, gossip is spreading.
00:34 So #AskAttorneyGabby, can a gossipy person or gossipy woman really be jailed?
00:41 Of course, and you may be charged, you may be filed depending on how you did it and what you gossiped about.
00:51 Is this a verbal gossip or a word that is spread among acquaintances?
00:57 Well, it's called slander and this is any lie or falsehood that damages the reputation or character of a person.
01:06 And this is a criminal offense under Article 358 of the Revised Penal Code, which is a penalty up to 6 years.
01:16 Now, if this is the spreading of a false gossip,
01:20 that you don't really know who made this original gossip, this is actually the real gossip because it's just a transfer.
01:28 This is a possible crime of intriguing against honor under Article 364 of the Revised Penal Code,
01:35 1 to 30 days in prison and fine of P20,000.
01:38 Now, if the alleged violation has been exposed, that means it was written or broadcasted and seen by one or one billion people,
01:47 it doesn't really matter, the victim of a criminal offense against the person who made this violation can be charged
01:53 because this is a libel under the Revised Penal Code.
01:57 If you were gossiped in a group chat, forum or Facebook group, you can be charged with cyber libel.
02:03 Cyber libel, excuse me, under RA 10175, you are jailed for 6 months and 1 day to 6 years and there is also a fine.
02:11 Of course, gossip can not only be jailed but can also be used as a basis for damages under the Civil Code
02:17 because it protects the dignity and reputation of a person.
02:24 So again, #AskAthorneyGaby, what if I'm not the source of the gossip?
02:31 Some people said that. I just heard it so I shared it with others. Am I still included?
02:36 Well, according to the Supreme Court, in the case of Dicini v. Secretary of Justice,
02:41 the liking or sharing a post made by someone else without any further comment or annotation will not render you liable.
02:49 The only person who can answer this is the author or the person who made or has a connection to this original post.
02:56 First of all, there is no law that criminals do not like or share the post.
03:00 People just react and this cannot be avoided. And according to the law of libel, only the original author can answer.
03:08 But let's remember that if we already know that something is fake news or just a person's assumption
03:14 that it is just a good objective, but it is just a lie or a mess, let's not like or share it.
03:20 That is our contribution to a better society.
03:24 #attorneygaby, what if I only posted gossips and blind items online?
03:31 Some people still post not-so-blind blind items.
03:35 It means that it was not named but from the many clues, it is still obvious who you are talking about.
03:43 You cannot hide that you did not name it if it is too obvious, but it is still an escape.
03:51 So there you go, avoid fake news and gossips.
03:54 As long as we talk about the law, we will give clarity for the peace of mind.
04:00 Let's do that again. For the peace of mind, don't think twice.
04:06 #askattorneygaby
04:08 [Music]
04:10 [Music]
04:12 [BLANK_AUDIO]

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