GRADE 10 STUDENT, PINALUHOD AT PINAGSUSUNTOK NG KA-ESKWELA NITO?!
Ano ba ang sinasabi ng batas tungkol dito? Alamin ‘yan sa Kapuso sa Batas, 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.
Ano ba ang sinasabi ng batas tungkol dito? Alamin ‘yan sa Kapuso sa Batas, 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
00:00This is a viral video of a grade 10 student in his school being beaten and punched by a victim.
00:17In the video, you can see the beating and punching of the victim, which is not the first time this has happened.
00:25The victim was already in front of the school and the victim was given three days of community service.
00:34What does the law say about this?
00:37Well, ask me, ask Attorney Gabby.
00:42Attorney, it is mentioned here that the victim was given three days of community service when the victim was in front of the school.
00:51What does the law say about this?
00:54Well, it is true that we have Republic Act No. 10627 or the Anti-Bullying Act of 2013.
01:01Under this law, our elementary and secondary schools have a mandate to adopt a policy to address bullying in their institutions.
01:11It is up to the schools to identify what disciplinary administrative sanctions can be imposed on the perpetrator based on the nature and gravity of his offense.
01:23So usually, these disciplinary measures can be one of warning or reprimand, possible counseling, and of course, like what happened in this situation, community service.
01:35It can also be suspension, and the worst, expulsion from the school.
01:42It is also stated in the law that there should be appropriate counseling services for the victim and his family.
01:50Of course, because these are just administrative cases, there is no authority of the school to impose a prison or fine.
01:57The heaviest penalty that will be imposed is expulsion, depending on the assessment of the school, on what is the appropriate penalty.
02:06Actually, it is also in the law that if a bully should be charged under our revised penal code, the school should report to the police about this incident.
02:19Attorney, what does the law say if a minor is involved in this incident?
02:24Well, we know that if the child is 15 years old or less, generally, there is no criminal liability for this.
02:30Although the Republic Act 9344 on Juvenile Justice Law has already been amended,
02:35which states that if the child is between 12 and 15, and the crime is a serious crime,
02:40such as murder, rape, arson, robbery, or kidnapping,
02:43there should be some kind of intervention and the child should be placed in a shelter if the child needs rehabilitation and detention.
02:58But if not, there should be counseling for the child to eventually integrate into the family and society.
03:07If the child is between 15 and 18 years old, the procedure will be different.
03:13First of all, they will check if the child acted with or without discernment.
03:17Does the child know what he did, if it was wrong or not?
03:21The child may be older in terms of age, but the child is still a child.
03:26If the child acted with discernment and was a bit serious, or if the crime is a serious crime, the sentence will be heavier.
03:34For example, if the sentence is 12 years or more, the child may be charged with deletion,
03:39if the child will not be caught, or if the child deliberately refuses to undergo rehab or diversion.
03:44But even if the child is charged with deletion and receives a sentence,
03:48the sentence will still be suspended until he is of age.
03:51Because if the child is rehabilitated, he does not need to go to jail.
03:55But if the child is incorrigible, has no hope, or does not comply with the rehab conditions,
04:01the sentence will be heavier.
04:03But first, they will check if there is still hope.
04:06We know that the environment in jail or in prison is not really healthy.
04:11It may be more criminal if they are placed here at a young age.
04:17So, I hope that's okay for our youth.
04:20You are still the hope of our country.
04:23We will not lose hope in you.
04:25We will clarify the laws for the peace of mind.
04:30Don't think twice.
04:32Ask me. Ask Attorney Gary.