Aired (September 29, 2023): Viral ang video ng isang away-kalsada na kinasasangkutan ng SUV at bisikleta sa Marikina. Kahit matagal na itong nangyaro, ang driver– pinahaharap pa rin ng LTO para magpaliwanag! Ano ba ang sinasabi ng batas tungkol rito? ‘Yan ang ating inalam sa ating Kapuso sa Batas, Atty. Gaby Concepcion. Thank you. #UnangHirit
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00:00 [Music]
00:04 Another street fight went viral involving a SUV and a bicycle in Marikina.
00:10 And even though this happened a long time ago, the driver still faces the LTO to explain.
00:16 We will talk about this with our beloved Attorney Gabby Concepcion.
00:20 Attorney Gabby, good morning.
00:22 Good morning is a bit of a bad word.
00:24 Let's not affect the negative people.
00:27 Anyway, Attorney, the incident happened a long time ago.
00:30 The biker and SUV driver have already agreed.
00:33 The question is, even though the two parties have already agreed to fight or have a fight,
00:38 can they still pursue our law?
00:40 What is the maximum time that you can answer to an act done in the past and has already agreed?
00:46 Well, maximum time for filing a case, unfortunately, there is no forever.
00:51 Your life has a life of its own.
00:53 It's like love.
00:55 It's like there's a line.
00:57 Life has a line so that other people can sue you if you are the agreed party.
01:03 We call that a prescriptive period.
01:06 If the prescriptive period is over and you still haven't sued this person,
01:12 there is also an end for that right.
01:16 In punishable by special laws cases like this,
01:20 because what I know is that reckless driving, violation of our LTO rules,
01:25 up to one year, if more than one month or less than two years, the penalty is four years.
01:36 If the penalty is two to six years, the prescriptive period is eight years.
01:41 It's the same with cases under the revised penal code.
01:44 This is murder, homicide, whatever.
01:46 If the case is punishable by reclusion temporal or perpetua,
01:50 for example, in cases of murder, the prescriptive period is 20 years.
01:56 For crimes punishable by six years and one day, the prescriptive period is 15 years.
02:02 If it's six months and one day, the prescriptive period is 10 years.
02:06 Other crimes, like libel, only last one year.
02:09 But the point is, because it's easy to find in our books, there is no forever.
02:15 In this case, you can still pursue for administrative cases like what the LTO does.
02:21 Although generally, if no one complains, it's hard to get a case.
02:25 And usually, if your case is the case against you, for injuries, damages,
02:33 if it's already too much in the prescriptive period, we can't do anything.
02:37 And if there's a compromise, it's hard.
02:39 Attorney Basis at Salay, Sai, the problem with crossing men in non-pedestrian lanes started.
02:44 If in the investigation, both of them committed a crime,
02:47 if both of them committed a crime, is it possible that both of them will be punished by the law?
02:51 Well, like that, the one who committed a crime,
02:55 then the J-Walking should be punished.
02:58 It's not a case to...
03:00 To hit the bicycle, to hit it.
03:02 To hit it and to hit it.
03:04 So, there's a possibility that both of them will be punished,
03:06 especially if they committed both major offenses.
03:10 But in this case, what will be the case for the "Murahan at Dirty Finger"?
03:16 Even assuming that this happened, we will also ask,
03:20 is this a sufficient provocation to humiliate a person?
03:24 It's not.
03:25 Actually, there's an answer.
03:26 No.
03:27 And if this person died, right?
03:29 For example, it's not an excuse that you didn't kill him on purpose,
03:33 just to scare him.
03:34 Well, it is basic in criminal law that if someone is doing something,
03:38 that is against the law,
03:40 you should answer all the consequences of your actions.
03:44 So, you should also answer for that death.
03:46 For example, it's not an excuse that you're just doing it,
03:50 hoping that the victim will be scared and all those things.
03:53 And you can also see the SUV versus bicycle.
03:57 What's the difference between a bicycle and a car?
03:59 That's why, like that,
04:01 in offenses between a big car and a bike, right?
04:04 Sometimes, there's a presumption in favor of the bike because
04:08 if you're the one driving, there's no one to fight.
04:12 Look at the mismatch.
04:14 And that's really road rage.
04:16 There's nothing good that's being done.
04:18 It's a bit cold.
04:19 The traffic is annoying, but it's a bit cold.
04:21 And if the LTO finds out that your head is too hot,
04:25 they might remove your license because you're a menace to society.
04:30 These are the things that we should regret.
04:32 These are the things that you should regret, Attorney.
04:35 Attorney, happy weekend.
04:36 Happy weekend.
04:37 Thank you very much.
04:38 Have a good time.
04:39 [End of Audio]