• 2 months ago
NASAAN SI PASTOR QUIBOLOY?

Ating alamin kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion.

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Transcript
00:00He will give the answer to the questions on the law.
00:02Here is our heart of the law, Atty. Gabby Concepcion.
00:05Atty. Gabby, good morning.
00:09Good morning to you too, Ivan.
00:11And of course, Tito Joe, good morning.
00:14Right?
00:15So, there are a lot of events in our country.
00:18One of them is the TV series that everyone is talking about,
00:22the search for Pastor Apollo Quiboloy
00:25who has a warrant of arrest for several cases.
00:29Tension is now being maintained in the Kingdom of Jesus Christ compound
00:33where the PNP intended to issue a warrant of arrest.
00:38But even if there is a warrant,
00:39members of KOJC are blocking the police.
00:43Is that allowed?
00:45That is what we will talk about in Ask Me, Ask Atty. Gabby.
00:50Atty., how is the process of issuing a warrant of arrest, especially if it is a hidden one?
01:02Can the police enter the property that is being seized by the suspect?
01:08Actually, it is kind of OPO.
01:11In fact, under the rules of court,
01:13where the rules regarding the issuance of warrant of arrest and its issuance and execution
01:19the officer who holds the warrant can break into a building or enclosure
01:24where the suspect believes that the person who will be arrested is there
01:28if he does not want to enter and after he shows the warrant
01:32or after he says why he is there and what he will do.
01:37Of course, an arresting officer needs to have this kind of power
01:42because the person who will be arrested,
01:44especially if it is a criminal who is facing a heavy case,
01:49he will not be caught alive.
01:52He will be hidden so that he will not be arrested.
01:55As a general rule, we know that unless the crime is an inflagranted crime
02:01or the crime is committed in front of you or a person escaped or is a fugitive,
02:06you cannot be arrested easily unless there is a warrant of arrest.
02:11Usually, a warrant of arrest is issued by a judge in a court
02:15and there should be a thorough investigation before it is issued.
02:19It is not just issued.
02:22They should be sure that there is a probable cause for arresting the person.
02:27The question is, if this kind of situation happens,
02:30where the issuance of warrant is prohibited and the suspect is proven to be there,
02:35will the police be able to respond?
02:40Well, of course, one possible case is obstruction of justice under Presidential Decree 1829
02:46and that is very clear.
02:48Delaying the prosecution of criminal cases by obstructing the service of process or court orders.
02:55That is very accurate.
02:57The warrant of arrest, of course, is a court order.
03:00And the penalty is pressure correctional maximum which is 4 years, 2 months, and 1 day
03:06up to 6 years because of your obstruction of justice.
03:12And if a person does not comply with the request of the defendants,
03:16another possible case is resistance and disobedience to a person in authority
03:21under Article 151 of the Revised Penal Code.
03:24Depending on the circumstances, this can be serious or simple disobedience.
03:29If it is serious disobedience, you will be jailed for up to 6 months
03:33and there is a fine that will not exceed P100,000 per person.
03:38For simple disobedience, the penalty is jailed for 1 day to 1 month or a fine up to P20,000.
03:47So, in terms of the law, we will clarify that.
03:52Be careful, it is raining.
03:54For my students, there are no classes in Manila and in Quezon City.
03:58For the peace of mind, don't think twice.
04:03Ask me, ask Attorney Gary.

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