BABALA: S
Isang babaeng Grade 8 student ang binawian ng buhay matapos pagsasaksakin ng kanyang kaklase sa classroom! Ano ba ang sinasabi ng batas tungkol dito?
Alamin ‘yan kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion. #UnangHirit
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.
Isang babaeng Grade 8 student ang binawian ng buhay matapos pagsasaksakin ng kanyang kaklase sa classroom! Ano ba ang sinasabi ng batas tungkol dito?
Alamin ‘yan kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion. #UnangHirit
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.
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FunTranscript
00:00We have a sensational story for you this morning.
00:05A female grade 8 student in Paranaque died after stabbing a classmate inside their classroom.
00:13According to the police, the incident happened around 1 in the afternoon on Wednesday.
00:18When the victim entered the classroom, the suspect grabbed the knife and stabbed the classmate.
00:27The victim ran away but the suspect chased her away and stabbed her again.
00:32The victim was rushed to the hospital but was declared dead on arrival.
00:37According to the victim's mother, her child was bullied.
00:41But the suspect told the police that he was the victim of the bullying.
00:46Let's answer your questions about this incident.
00:49Ask Me, Ask Attorney Gavin.
00:58Attorney, this news is saddening.
01:01Even minors are involved.
01:03What will the suspect face in this case?
01:06Does the school have a punishment?
01:09Well, as a general rule, we know that under the Juvenile Justice Law or Republic Act 9344,
01:16minors under the age of 15 are not liable for the crime.
01:22But the original law, the Republic Act 10630, already has an amendment
01:27that states that if the child is 12 to 15 years old,
01:31and the crime is murder, rape, arson, robbery or kidnapping involving rape or robbery,
01:38and others,
01:39minors are not liable for the crime but can be placed in a special youth facility
01:46and will have a detention and counseling and intervention program for the child
01:52so that he can eventually be integrated into the family and society.
01:57Our officials should not immediately dismiss the case because there are 15 and under involved.
02:05And if these children or their relatives will repeat it,
02:08maybe they should study for a more intensive intervention program
02:14or maybe they should commit to a youth facility if necessary.
02:19The youth facility is like a special child institution for the children in conflict with our law.
02:27The school should also examine if there is negligence in monitoring and supervising the children.
02:34There is a different level of care required in our schools in taking care of our children
02:39under Article 218 and 219 of the Family Code.
02:43The law recognizes that if a parent abandons their child in school
02:49and leaves the child at the gate of the school,
02:52the school will have a special parental authority,
02:55the administrators and teachers.
02:58This means that if something happened and the children did something that should be monitored,
03:03they can be responsible for damages if there is negligence under the circumstances.
03:11Attorney, based on the testimony of the suspect and the mother of the victim,
03:15there was bullying.
03:17What does the law say about bullying?
03:20Well, strictly speaking, there is no bullying as a crime.
03:25Under Republic Act 10627 or Anti-Bullying Act of 2013,
03:30it mandates schools to establish anti-bullying schemes to address bullying between students.
03:39Of course, even if there are applicable laws,
03:42we know that these minors do not have criminal liability.
03:46But it is possible that parents still have civil liability
03:50so that the suffering of the victim is lessened and there is liability for damages.
03:55The student involved may also have an administrative case
03:59according to the rules or code of conduct of the school.
04:03So, there may be suspension, dismissal, expulsion,
04:07and possible sanctions against children if they are minors and enrolled in a school.
04:15Remember, we will clarify the rules of the law for the peace of mind.
04:21Don't think twice.
04:23Ask me, ask Attorney Gaby.