#AskAttyGaby— Sampaguita Vendor vs Mall Guard | Unang Hirit - video Dailymotion

GMA Public Affairs

Viral online ang video ng isang mall guard na nanakit ng isang estudyante na sampaguita vendor!  Ano ba ang sinasabi ng batas tungkol dito?   Alamin ‘yan sa ating #KapusoSaBatas, Atty. Gaby Concepcion.   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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00:00Our topic this morning is viral.

00:04You've probably seen it already, right?

00:07It really spread.

00:08That's the viral video of a guard chasing a Sampaguita vendor

00:13outside a mall in Mandaluyong.

00:15You can see it in the video where a woman is sitting on the floor

00:19wearing a student uniform and holding a Sampaguita.

00:24The guard is talking to her and asking her to leave.

00:27There's also a man who's also selling Sampaguita.

00:30But later on, the guard caught the thief and broke the Sampaguita.

00:35And he's going to beat up the woman.

00:38The guard was able to escape using the Sampaguita.

00:42The incident is now being investigated by the mall and the PNP.

00:47The guard is also busy with work.

00:50What does the law say about this incident?

00:54Well, ask me, ask Atty. Gabby.

01:02Atty., a lot of people reacted to this video.

01:05And the guard is really busy with work.

01:08But aside from that, is there a possibility that he'll be punished?

01:12Will he be punished by the law?

01:14Well, first of all, any security guard or any person

01:18should make sure that they won't do any physical action

01:23and that you'll be the ones to be punished.

01:26In other words, keep off, right?

01:28There might be a case of physical injuries.

01:31Actually, it might not be physical injuries,

01:34but a possible case of abuse under Article 266 of the Revised Penal Code.

01:40This is probably the lowest category of cases under injuries to people

01:45because this is not a good treatment of other people

01:49even if there was no physical injury.

01:52For example, beating, pulling hair, or slapping other people.

01:57This could be a case of a minor in prison

02:00with a minimum arrest of one to ten days in prison.

02:05In cases like this, involving a minor as well,

02:09you should be extra careful

02:12because there might be a case of child abuse

02:15under our Child Abuse Law or Republic Act 7610.

02:19The concept of child abuse is not always physical.

02:23Sometimes, it can be any act that can cause emotional pain to a child

02:30or anything that can damage his dignity and humanity.

02:35Because he is a security guard,

02:38I'm sure he should also know what are the prohibitions

02:41and what are not allowed in handling situations like this.

02:45He also has no right to take other people's property.

02:49It was not stolen, it was not snatched, it was not shoplifted.

02:54And if it's true, it's the property of the person who holds it.

03:00What does the law say about those who sell around establishments?

03:05Can they be removed from these?

03:08Well, if it's true that the malls, for example,

03:11are private properties with public access,

03:14but because it is still a private property,

03:17those who run it have the power or the right

03:21to regulate and impose the rules and regulations that it requires

03:26for purposes of safety and security.

03:29Outside of premises, this is really a public space.

03:33As a general rule, LGUs have possible ordinances to regulate vendors.

03:40They have the power under the local government code

03:43to regulate business in their jurisdiction

03:46and this includes selling.

03:49Usually, LGUs have ordinances about illegal vending,

03:53especially in big cities like Quezon City, Manila,

03:57and of course, San Juan, Mandaluyong, where there are a lot of people.

04:00Especially those who sell on the sidewalk,

04:03this can be a safety concern for pedestrians.

04:08And if it's for vendors, it's not just simple things like sidewalks,

04:14but if there are baskets and boxes,

04:18it should really be regulated.

04:20Of course, if it's for vendors, there are more restrictions

04:24because there are health concerns that really need to be looked at.

04:28So usually, there are licensing requirements from LGUs.

04:34We will clarify the rules and regulations for peace of mind.

04:39Don't think twice.

04:41Ask me, ask Atty. Gabby.

#AskAttyGaby— Sampaguita Vendor vs Mall Guard | Unang Hirit

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