Kapuso sa Batas - Kasambahay, minaltrato diumano ng amo?! | Unang Hirit - video Dailymotion

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Isang babaeng namasukan bilang kasambahay ang pinagmalupitan diumano ng kanyang amo. Ang 44-anyos na si biktima, nabulag, nabungi at nagtamo ng mga sugat at pasa sa buo niyang katawan. Ano nga ba ang sinasabi ng batas tungkol sa pagmamaltrato sa mga kasambahay? Pag-usapan natin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion.

Transcript

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.

Kapuso sa Batas - Kasambahay, minaltrato diumano ng amo?! | Unang Hirit

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