• 2 days ago
Sa Cebu City, isang 10-anyos na bata ang natusok ng bakal sa mata! Ano ba ang sinasabi ng batas tungkol dito? Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion.

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Transcript
00:00For those who are watching, we are going to talk about something sensitive.
00:05In Cebu City, a 10-year-old boy, instead of going to school,
00:11went to the hospital after his left eyelid was pierced.
00:18Is it really just a piercing?
00:19It's a good thing.
00:20The pierced eyelid is used as a support for his left eyelid.
00:27What does the law say about this?
00:30Well, ask me.
00:32Ask Atty. Gad.
00:38Atty., if these accidents happen in a public place,
00:42for example, this metal support for the left eyelid is damaged,
00:48what is the possible cause of the victim's chase?
00:52It's hard to answer that.
00:55If it can be proven that there was a chase on the part of a person,
00:58that is the reason why the metal was there in the first place.
01:02So, we need to answer who, why, where, how, when, what happened,
01:08and why it happened in the presence of each parent.
01:13Who put the metal?
01:15Was it a private person?
01:16Was it a local government?
01:18Where did they put it and why?
01:20Did people pass by?
01:21Is it safe to say that it has protection against accidents?
01:26How did it happen?
01:28Did the child get hurt?
01:29Did he play with it?
01:30Did he get hurt?
01:31Or was it just a coincidence that the metal was there?
01:34Where was the metal placed?
01:36Was it on the sidewalk?
01:37Was the child trespassing?
01:38Did he do something to the metal that was prohibited when the incident happened?
01:44So, well, there are many things to answer.
01:46But first of all, it happened in a public place.
01:50So, for example, if this is considered public works under the control
01:55and supervision of the local government unit,
01:57well, under Article 2189 of our Civil Code,
02:01they should be responsible for the defective conditions of these public works.
02:07They can say,
02:08well, maybe the victim is sick.
02:10The contributory negligence of the victim does not remove the liability of trespassing.
02:18It may just reduce the liability that they need to pay in the first place.
02:23So, what is the chase of the victim?
02:25Well, for now, it's damages.
02:27Clearly, damages that need to be paid for everything that was the result of this incident.
02:34Right? Does he need to be hospitalized?
02:37Does he need to be operated on?
02:39All expenses should be paid for that.
02:42It can also be moral damages.
02:43These are the moral damages,
02:45which is like a consolation because of the pain and hardship of the victim.
02:50Take note, we are not judging this specific incident.
02:55We are just giving the questions and possible answers under the law,
03:01depending on the incidents.
03:05Oh, here's another question.
03:06It is said that accidents are frequent among children.
03:10What does the law say when it comes to child safety?
03:13Well, when it comes to child safety, it depends on the age of your child.
03:16We should not expose them unnecessarily to harm or danger.
03:21For example, if a child is young,
03:24he or she wanders on the street without being watched,
03:27or even worse, the parents really left him or her so that he or she will be left alone on the street.
03:32This is clearly a case of neglect or child abuse
03:35that is prohibited under the Republic Act 7610 or our Anti-Child Abuse Law.
03:42Of course, if the child is a bit older and he or she can go to school
03:45or shop alone, this is not neglect.
03:49And if it is proven that you are negligent in raising your child
03:53or you are really trying to do bad things,
03:56you can be jailed and your child's guardian can remove you.
04:01We cannot protect our children in all situations,
04:05but we cannot neglect them in a chaotic and dangerous world.
04:12We will clarify the rules of the law for the stability of thought.
04:17Don't think twice.
04:19Ask me, ask the truth.
04:41Thank you! Bye!

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