Aired (June 7, 2024): Isang lalaki ang binaril umano dahil sa isang… tingin?! Maituturing ba na assault ang pagtingin ng masama at gawing self-defense ang pamamaril? Ano ba ang sinasabi ng batas tungkol dito?
Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion. #UnangHirit
Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion. #UnangHirit
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00:00If you have questions about the law, he will answer them.
00:03Here is our man of the law, Atty. Gabby Concepcion.
00:06Atty. Gabby, good morning.
00:10Good morning to you too, Ivan.
00:11Do you know what this is?
00:13Just look at this bad-looking gun.
00:16Be careful of what you see.
00:17Just the other day, a man was shot because of his bad looks.
00:23This victim is looking at a bad-looking man riding a motorcycle.
00:28The suspect, the victim, is the one who pulled the gun and stole it.
00:35The victim was saved and his condition is fine.
00:38What does the law say about this?
00:42Ask me, ask Atty. Gabby.
00:51Atty., just look at this bad-looking gun.
00:54Is it considered an assault to look at a bad-looking person?
00:58And can self-defense be used to shoot a bad-looking person?
01:03Of course not.
01:05Looking at a bad-looking person is not a crime.
01:08It should not be a reason to hurt or shoot a person.
01:12And it should not be included in the concept of self-defense because of this bad-looking person.
01:18Under our criminal laws, the principle of self-defense is important.
01:23It is said that if we hurt or kill a person because this is a case of self-defense,
01:30this person will lose his liability because it is natural for us to protect ourselves
01:36if we are threatened with bodily or physical harm.
01:41What is the threat of a bad-looking person?
01:43Tell me.
01:45If looks could kill, maybe that's possible.
01:48But a bad-looking person is not a threat to our life or safety.
01:52Even if you are threatened with a gunshot, by itself, that is not a threat to your life.
01:58In other words, if you are being shot by a gun,
02:01and the knife is already there,
02:03the law allows you to stop or prevent it even if you hurt your attacker.
02:11Atty., what is the cause of this shooting?
02:15According to the suspect, he just stole the gun from the victim.
02:19Well, it is necessary to investigate if it is true or not that he just stole the gun from the victim.
02:25Actually, they always say that.
02:27That is the usual excuse of people who hurt their partner.
02:32Because if it is true, self-defense is valid as a defense of a person.
02:37Of course, if you are being shot by a gun and you are afraid that you might get shot,
02:42why don't you try to steal a gun before you get shot?
02:47But you need to investigate because there are always two versions of the story.
02:51But there are a lot of questions.
02:53If it is self-defense, for example, if you have already shot your opponent,
02:56and he fell down, the threat is gone, right?
02:59The gun should have been finished there.
03:02But if you attempted to shoot again,
03:04it is unlikely that you will accept that it is still self-defense
03:08because it looks like there is really an intent to kill.
03:11One more thing, is it true that the gunman was riding a motorcycle and the victim was at the store?
03:16It is necessary to explain to the precinct why the gun was still there
03:21because it is very easy to avoid trouble if one of them is in the car.
03:24If you were already riding a motorcycle or car,
03:27and you fell down and you shot another person who was standing,
03:30it looks like it is not self-defense anymore.
03:33Of course, if you investigate, it will be proven that there is no truth that this is a self-defense case.
03:38If it is a self-defense case, you will face a case of frustrated or attempted murder or homicide.
03:43Murder and homicide are the same killing of a person, but the penalty is different.
03:47Of course, it is heavier when it comes to murder.
03:49Murder is 20 to 40 years in prison.
03:51When it comes to homicide, 12 years and 1 day maximum of 20 years.
03:56So what is the difference between murder and homicide?
03:58There is a so-called qualifying circumstance.
04:01There are a lot of those.
04:02But one example is treachery.
04:04If the killing was done in a fast way,
04:07and it was really insured that there is no risk in shooting,
04:11that is a murder.
04:13There is also evident premeditation.
04:15That is also a murder.
04:16If it is evident premeditation, it means it was planned.
04:20The victim was probably really weighed.
04:22If it is homicide, you killed a person without such qualifying circumstances.
04:26For example, you are fighting with another person.
04:29While you are fighting, you knocked over a table,
04:32and it turned out that the victim died.
04:34Maybe homicide is the case here.
04:37So, just be careful with those bad looks.
04:40Don't let the heat of your head get to you.
04:44So, when it comes to the law, we will make it clear.
04:47For the peace of mind, don't think twice.
04:52Ask me, ask Atty. Gabby.
04:59For more UN videos visit www.un.org