#AskAttyGaby— Honeylet, kakasuhan ng direct assault! | Unang Hirit - video Dailymotion

GMA Public Affairs

Inilabas ng PNP ang video kung saan makikitang hinampas ng cellphone ni Honeylet, partner ni Dating Pangulong Duterte, ang isang pulis.   Ano ba ang sinasabi ng batas tungkol dito? Alamin ‘yan kasama ang ating #KapusoSaBatas Atty. Gaby Concepcion.   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.

Transcript

00:00Hey, come with me.

00:02The price is here.

00:04Hey, what are you doing?

00:06Ouch!

00:08That was a tense encounter

00:10before our President Duterte

00:12boarded the airplane

00:14to go to the Netherlands.

00:16Hold me.

00:18Come with me.

00:20The price is here.

00:24At that point,

00:26the former President was separated

00:28from his wife, Hanilet Avancenia,

00:30and their son, Kitty.

00:32When the parents

00:34were separated,

00:36they saw that Hanilet

00:38was hit on the head.

00:40The PNP said that it was a cell phone

00:42that was hit on the female member

00:44of the PNP Special Action Force.

00:46It caused a big

00:48commotion

00:50because of this,

00:52Hanilet was accused of direct assault.

00:54What does the law

00:56say about this?

00:58Ask me, ask

01:00Attorney Gabby.

01:08Attorney, direct assault is

01:10a possible complaint

01:12by the police against Hanilet.

01:14Is this a solid evidence

01:16seen in the video,

01:18and what is the possible punishment

01:20for this case?

01:22Well, those videos are a solid evidence

01:24just like other electronic

01:26evidence like cell phone pictures

01:28and CCTV recordings.

01:30This is according to

01:32Republic Act 8792

01:34and the Rules on Electronic Evidence

01:36which states that electronic

01:38evidence can really be used.

01:40But it can only be used

01:42if it is proven

01:44and authenticated that it is not

01:46fake, edited, or AI

01:48generated. As you know,

01:50a lot of videos

01:52are fake,

01:54so an expert needs to

01:56investigate if it is

01:58not fake.

02:00The videos are classified as

02:02ephemeral electronic evidence

02:04and it is better if

02:06there is a witness

02:08who can identify

02:10the video and explain

02:12how it was recorded

02:14and hidden.

02:16Of course, it is better if

02:18the witness is someone who

02:20knows the incident and actually,

02:22if you look closely,

02:24there are a lot of possible witnesses.

02:26It has been reported that a case like this

02:28is a case of direct assault

02:30under Article 148

02:32of the Revised Penal Code.

02:34Direct assault is a crime

02:36where a person in authority

02:38is attacked or used

02:40by a person in authority

02:42while doing his

02:44official duties.

02:50Attorney,

02:52will the punishment be heavier

02:54because a police or person in authority

02:56who serves a warrant

02:58is involved? Well, of course, yes.

03:00For example, if you

03:02hit the head of a police

03:04who serves a warrant, the crime is

03:06direct assault and the penalty is

03:08prison correctional in its

03:10medium and maximum periods,

03:12which is 2 years, 4 months, and 1 day

03:14for up to 6 years.

03:16And there is also a fine of up to

03:18P15,000. If you hit

03:20your neighbor,

03:22the person in the corner, or anyone

03:24who is not a public officer

03:26in the performance of his duties,

03:28it can be a case of slight physical

03:30injuries only and the penalty

03:32is arresto menor, which is

03:341 to 30 days imprisonment.

03:36So the difference is quite big, isn't it?

03:38This is because a person in

03:40authority, like the police,

03:42or the other persons in authority,

03:44judges, or other public officials

03:46are bodies of the citizens

03:48or the state and should not

03:50be undermined or

03:52their authority is wasted

03:54because they represent the state.

03:56So the penalty is really

03:58heavier if they are

04:00our target to use force.

04:02We will clarify

04:04the laws we are discussing.

04:06You know it already.

04:08For peace of mind,

04:10don't think twice.

04:12Ask me, ask

04:14Mr. Truliga.

#AskAttyGaby— Honeylet, kakasuhan ng direct assault! | Unang Hirit

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