• 3 months ago
PBA Player John Amores, nahuli-cam na pinaputukan ng baril ang kanyang biktima.

Ano ang posibleng kaso sa mga gumagawa ng attempted harm? ‘Yan ang ating inalam kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion.

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Transcript
00:00Here it is, shoot!
00:07See, I'm good at shooting, right?
00:10But what we're going to talk about is a different kind of shooting
00:14because of basketball.
00:16Yesterday, the PBA player John Amores confessed to the police
00:22after being shot by a hot-tempered basketball player.
00:28The CCTV footage shows Amores getting off his motorcycle with a gun.
00:35He quickly chased a man and shot him.
00:39What does the law say about that?
00:42Ask me, ask Atty. Gabby.
00:47Atty., in this case, it's good that the target was not hit.
00:51What are the possible cases and punishments for attempted harming like this?
00:58Oh, this is all I can say.
01:00Be careful in handling and shooting guns
01:03and you can really face a possible case here.
01:07For example, if you're going to shoot a gun in public
01:10because you don't know, you just want to cause trouble, right?
01:13If you're going to shoot, this is a possible case of discharge of firearm
01:17under Article 254, Paragraph B
01:20and there's a penalty of arresto mayor in its maximum period
01:24which is 4 to 6 months in prison.
01:26We used to call this an alarm and scandal.
01:29If you're going to shoot a person
01:32and you don't have a plan to kill or hit him,
01:35you just want to scare him,
01:37that's a discharge of firearm under Article 254, Paragraph A
01:41and the penalty can be as high as 6 months up to 4 years and 2 months.
01:47Of course, if you shoot a person
01:50that looks like he has a plan to kill him,
01:53it becomes an attempted homicide
01:55and a possible imprisonment up to 6 years.
01:58But that's not all we need to check.
02:01You also need to check the use of a firearm.
02:03This is very important.
02:05You need to check if it has a license.
02:07Remember, the firearm needs to be licensed
02:10and it also needs to have a license to bring it outside your house.
02:15Sometimes, the penalty for illegal possession of firearm
02:19is higher than the crime committed while using it.
02:22For example, the penalty for illegal possession of an unlicensed firearm
02:27is up to 12 years under Republic Act 10591
02:31or the Comprehensive Firearms and Ammunition Regulation Act.
02:36So, be careful.
02:38In the question,
02:39there was an incident where this player was arrested
02:42where he was shot.
02:45What does the law say about a person
02:48who is often involved in a fight?
02:51Does this have an effect on the recent case?
02:54Actually, in relation to this guy,
02:57he was not only involved in a fight.
03:00There was a basketball game against St. Benilde
03:05after which a high government official reached out
03:08and said,
03:09we're behind you.
03:11But there was also a fight against UP Maroons
03:17in a pre-season game
03:18where he was actually charged for physical injuries
03:21because the physical injuries of our player were severe.
03:26But nothing happened in this case.
03:28It's still pending.
03:29I mentioned this because usually,
03:31being involved in other issues
03:33only affects the case
03:35if there is conviction by final judgment in other cases.
03:40This is called recidivism
03:42which is an aggravating circumstance.
03:44But it needs to be judged in other cases of a similar nature.
03:49But as far as I know,
03:50he was fined for physical injuries
03:53but nothing happened in the case.
03:55There was no final judgment yet.
03:57But if one person is a recidivist,
04:00it's like you have a pattern or propensity
04:03for committing certain crimes.
04:04That's why this is on the list of our aggravating circumstance.
04:08So that's really a hot topic.
04:10Remember,
04:11whether it's on the road
04:13or whether it's on the basketball court,
04:15there's really no good way to go about it.
04:18And we also need to learn from our mistakes
04:23when given a new chance to start a new life.
04:26Learn and learn.
04:29So those are my words of wisdom.
04:31We will clarify the rules of the game
04:34for the peace of mind.
04:37Don't think twice.
04:39Ask me.
04:40Ask Attorney Gav.

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