#AskAttyGaby— Ilegal na bentahan ng kidney
Bistado ang ilegal na bentahan ng bato at illegal na kidney transplant! Ano ang kaso sa mga ilegal na nagbebenta ng organ?
Alamin ‘yan kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion
Alamin ‘yan kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion.
Alamin ‘yan kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion
Alamin ‘yan kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion.
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FunTranscript
00:00As long as it's about the law, he won't be able to get past it.
00:03Here's Atty. Gaby Concepcion, our heart of the law.
00:07Good morning and happy Hump Day, Atty.
00:11Good morning to you too, Maris.
00:13Oh my, the stones in the sky hit you. Don't be mad.
00:17But what if you sold your own stones?
00:21Oh my, be careful.
00:23The illegal sale of kidney stones and the illegal kidney transplant is a mystery.
00:30A nurse of the National Kidney and Transplant Institute was not involved in the incident.
00:37In the operation of the NBI, a house in Bulacan was invaded
00:41where some donated stones.
00:44One of the victims was paid only Php 2,000
00:48even though he was promised Php 200,000.
00:52What does the law say about this kind of sale?
00:55Well, ask me, ask Atty. Gaby.
01:04Atty., because of the great need and part of the body, it's being sold.
01:10What can be the case of those who illegally sell organs, especially stones?
01:17Well, we will not sue and imprison those who have sold their kidneys
01:23so that they can continue if we imprison them after the operation.
01:28In fact, they are just victims.
01:31The ones who can be sued are the recruiters who are looking for donors and those who will buy the kidneys.
01:39They are the ones who are clear that they have a possible violation of the law
01:42that is related to imprisonment and fine.
01:44They are the ones who advertise that they can get a willing donor but there is a fine.
01:49And because the internet is there, there are a lot of advertisers who advertise kidneys for sale.
01:56These middlemen or recruiters usually enter the vulnerable and poor communities.
02:02This is where they usually find those in need
02:06and it's easy to convince them to donate in exchange for fast money.
02:11Those in need of kidneys are willing to pay a lot because it's very expensive and it's very difficult to dialysis.
02:18Those who are dialysing already know that.
02:22But this kind of recruitment is a possible crime under our anti-trafficking laws.
02:29Usually, we hear about trafficking in relation to women who are recruited for labor or prostitution.
02:36We also hear about it in children who are recruited for child pornography or child labor.
02:43But trafficking is also prohibited if it is a recruitment to get organs for donation and transplant.
02:51And under Republic Act 9208, our anti-trafficking law,
02:56recruitment for that purpose has a prison term of 20 years and there is a fine of 1 million to 2 million pesos.
03:05But this was done through the internet.
03:07According to Republic Act 11862,
03:09the penalty for qualified trafficking and life imprisonment is a fine of 2 to 5 million pesos.
03:17So, be careful.
03:19Here's another one.
03:20What if an organ donor donated money as a thank you?
03:26Will the sale still be considered?
03:29The problem is, I'm sure this is the excuse of people who accept monetary consideration.
03:36But strictly speaking, if this is not discussed,
03:39and it was just thought of later on when there is no demand or discussion,
03:44it might not be illegal.
03:46Although, if you are thankful and donated money before getting a kidney transplant,
03:52be careful.
03:53The proposed transplant might be rejected and not continued by doctors or hospitals.
03:58Under DOH rules on kidney transplants and international rules,
04:05financial consideration as a precondition for organ donation is prohibited.
04:11They use the words selflessness, philanthropy, and altruism when donating kidney.
04:19So, it is prohibited to discuss money there.
04:21I hope it was clear.
04:23Because we will make it clear when discussing laws.
04:27For the peace of mind, don't think twice.
04:32Ask me, ask Atty. Gabby.