00:00 A woman who was admitted as a housewife was severely beaten by her boss.
00:04 The woman was found bruised, bruised and injured.
00:11 What does the law say about the abuse of housewives?
00:16 Let's find out with our "Kapuso sa Batas" (Couple in Law)
00:19 Atty. Gabby Concepcion.
00:20 Good morning Atty.
00:21 Good morning to you too, Ivan. Good morning to all of our viewers.
00:24 I don't understand why there's a person like that.
00:26 Exactly.
00:27 In cases like this, what will be the punishment for a housewife?
00:33 Does it depend on the victim's situation?
00:37 Yes, of course.
00:38 Abuse and hurting of a spouse is a crime under the revised penal code.
00:43 Although we have Republic Act 10361 or the Housewife Law
00:48 that requires that our domestic workers or housewives
00:51 should not be subject to any kind of abuse, physical violence, harassment
00:57 or any act that violates the dignity of our domestic workers.
01:00 We still need to enforce the law, right?
01:03 Housewives have the right to be free from all kinds of abuse,
01:08 physical, verbal, psychological or emotional abuse.
01:12 This is according to the Housewife Law.
01:15 But the violation of the Housewife Law is fine by the Penal Code.
01:19 So there's no prison?
01:21 No prison. It's just 10,000 to 40,000 pesos.
01:23 So it falls under the revised penal code.
01:27 And the violation is a case of physical injury.
01:30 But it depends on the extent of the abuse.
01:34 We've heard of it.
01:36 There are slight physical injuries, less serious physical injuries
01:40 and serious physical injuries.
01:43 But it should be clear that there's no intention to kill.
01:46 The case is not a physical injury.
01:49 It's a case of attempted or frustrated murder.
01:52 But if the case of abuse is, let's say, no intention,
01:57 abuse, and it was blind, this is a case of serious physical injuries.
02:02 Up to 12 years in prison if both eyes are blind.
02:06 And up to 6 years if one eye is blind.
02:09 If less serious physical injuries, as in,
02:13 if you're not able to work for 10 days or more,
02:16 you're in prison up to 6 months.
02:18 But if you're not able to work for 1 to 9 days,
02:21 up to 30 days only.
02:23 And if it's just a simple violation,
02:25 no injury, no actual physical injury.
02:27 The violation, right?
02:29 It's not a violation.
02:31 It's not a violation.
02:32 It's hidden under the...
02:34 Right?
02:35 Sometimes, it's really...
02:37 Well, the prison is only 1 to 10 days.
02:39 Sometimes, if you think about it,
02:41 it's like a person, is that enough?
02:43 But of course, we'll look at the extent of what was done to that poor person
02:50 and what case can be filed.
02:52 Another thing, attorney, if the person is not allowed to leave the house.
02:56 That's also a type of abuse.
02:58 They're already in prison.
02:59 What are the possible cases in this situation?
03:02 Well, there are more cases and it's heavier.
03:04 And again, it depends on how long the detainment or ban is.
03:09 This is a case of kidnapping and serious illegal detention
03:13 under the 267 Revised Penal Code.
03:16 And the penalty is heavy.
03:18 Reclusion perpetua if the detention is more than 5 days
03:22 or if the victim had serious physical injuries while he was not released
03:28 or if the victim is a woman.
03:30 So in this case, she was in serious illegal detention.
03:35 Like if the victim was kidnapped, as we said, this is a case of serious physical injury.
03:41 So she was in serious illegal detention.
03:45 So actually, reclusion perpetua, that's more than 20 years, up to 40 years.
03:49 So if there's no injury and it didn't reach 5 days,
03:55 this is a case of slight illegal detention but still temporary reclusion
03:59 or up to 12 years and 1 day to 20 years.
04:03 This is still a possible prison, so it's also heavy.
04:06 So those who are not released,
04:09 yes, separate cases, those who are not released for whatever reason,
04:14 they don't have a debt or whatever, that's not allowed.
04:19 For example, the attorney asked for help from the victim but you didn't help him.
04:22 Can you also answer the crime?
04:24 For example, in the same household, you see something like that happening.
04:28 Well, it depends.
04:29 You don't punish those who don't help in all cases.
04:34 There will be cases in the following cases.
04:37 If you don't help a person who is wounded or in danger of dying in an uninhabited place,
04:44 if you can help, you won't be in danger.
04:50 But the requirement is, uninhabited place, no one else will help because there's no one but you.
04:56 So if there's someone else, that's not a crime.
04:59 If you can find a child who is missing or abandoned under 7 years of age,
05:03 and you can't help him or her return to his family or to the authorities or bring him to a safe place.
05:09 And third, if you are wounded or hurt,
05:12 by way of an accident, you may have a criminal liability for not helping.
05:18 So you should not abandon your own victim.
05:23 Hit and run.
05:24 Exactly.
05:26 So this is called abandonment of one's own victim.
05:29 Hit and run if this is a car accident.
05:31 But sadly, not because you didn't help, you will be punished immediately.
05:39 So it should be, sometimes it's not advisable because if you help, you might be the one who gets hurt.
05:47 So the best thing to do is to report to the police or the local social welfare officer of the LGU or barangay
05:56 so that the authorities will help.
06:00 You will still show good faith that you didn't abandon your own victim.
06:03 But it's hard to be totally dead.
06:05 Yes.
06:06 Atty. Gabby, thank you very much.
06:07 Thank you very much.
06:08 It's Wednesday.
06:09 Happy Hump Day!
06:10 There.
06:11 Thank you.
06:12 Thank you.
06:13 Thank you.
06:14 Thank you.
06:15 Thank you.
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