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.
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