Kapuso sa Batas - Usapan tungkol sa away-bata | Unang Hirit - video Dailymotion

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Arestado ang isang lalaking nanakit umano sa isang menor de edad na naka-away ng kanyang anak. Ang sanhi ng pagtatalo, ang pamamaril ng pellet gun. Ano nga ba ang sinasabi ng batas sa ganitong insidente? Alamin sa video na ito.

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00:00 [Music]

00:08 [Music]

00:13 [Foreign Language]

00:27 >> Good morning, Atty. Gabby.

00:28 >> Good morning to you, Marius. Good morning to all who are watching.

00:31 [Foreign Language]

00:54 >> Well, self-defense, defense of a relative, defense of a stranger, or a person you don't know,

01:01 all of these are recognized by the law.

01:03 But not all of the defense is justified, right?

01:07 Like this one, the father was convicted.

01:10 When we say justified, there are things that usually,

01:15 for example, like this one, defense,

01:20 but because of the circumstances, there is no liability

01:24 because there is justice and sufficient justification.

01:27 That is a justifying circumstance under our law.

01:30 For example, if you see your child is hurt,

01:34 it is only natural to stop this aggression.

01:37 But the requirement of the law is the reasonableness of its defense.

01:43 So, your defense should be reasonable,

01:47 and you should know what is the need to stop this.

01:50 So, as Elanin Paz said, it should be reasonable to repel the aggression.

01:54 So, it is not justified if you will hit the child even if there is no threat to your child.

02:00 And this is also included in the test of reasonableness,

02:03 if you are an adult, tall, big, in front of a small child,

02:09 who has no enemy against you, you can actually stop him.

02:14 It is not reasonable if you will raise your hand to the child

02:18 if the threat to your child will be stopped when there is no resort to further violence.

02:23 So, the defense of self, of family, of a stranger,

02:27 it should not be a way to vent or bring your own anger.

02:31 For example, your child was hurt, the threat was gone,

02:35 it was repelled, but because you are angry,

02:38 you are really angry and you raised your hand to your child,

02:43 actually, it is not a defense anymore, it is not justified.

02:46 So, on the one hand, we can also say that timing is everything.

02:50 If because of stopping or repelling, a child was hurt,

02:54 during the time that the aggression or threat is happening, this can be justified.

03:01 But if the time has passed, from the moment of the threat to your child,

03:07 you still raised your hand, you will really be punished

03:10 because it is not justified under the circumstances.

03:14 You can also not say that my eyes were darkened, I was angry,

03:18 it is called passion and obfuscation.

03:20 Because the requirement of the law is that there is no time lag.

03:24 For example, the violence or the hurt of your child happened,

03:29 then there is a time lag, and the law said that you should be punished in the meantime

03:34 because you should have returned to the right path.

03:38 So, if there is a time lag, it is not justified.

03:41 Alright, attorney.

03:42 But what if the child is fighting with painful things like this,

03:47 where he used a pellet gun, will the children involved in the fight be punished?

03:53 Well, no, because our rule is still the same, if the child is under 15 years old,

03:58 there is no criminal liability or punishment.

04:01 Of course, the parents can be responsible for damages.

04:05 For example, if the child needs to be brought to the hospital,

04:08 or to the hospital for treatment, the parents will only answer the civil liability.

04:12 Alright, attorney.

04:13 Legally, what is the best way to handle the children who are fighting?

04:18 Well, the adults should not be involved in the fight.

04:22 For the adults, first of all, do not push the children unless there is a threat to your child or to other people.

04:29 What is the need to stop this threat or to prevent the harm?

04:35 For example, if a child is holding a gun or a knife and it seems like it will still hurt your child,

04:40 maybe you should hold him and run away from your child, right?

04:45 To prevent the harm, to lead him to safety.

04:48 If it seems like it will still hurt other people, you can subdue the child, the other child,

04:53 to protect yourself and other people.

04:56 But if you have already subdued the child, don't hold the child,

05:01 don't hold the child with both hands, don't hurt the child because you are angry or you want to get back at him.

05:07 Because like this, you will be the one who will be blamed and you will only be blamed later on.

05:13 Alright, it's very clear.

05:14 Thank you very much, attorney Gabby Concepcion for sharing information with us.

05:17 Thank you very much, too.

05:18 And happy weekend.

05:20 Happy weekend, happy Friday.

05:22 Stay calm.

05:24 [ Silence ]

Kapuso sa Batas - Usapan tungkol sa away-bata | Unang Hirit

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