00:00People filled a part of C6 Road in Barangay Santa Ana in Taytay, Rizal.
00:07What they're watching is hostage taking.
00:19A man hostage took his own child, who was only a year old.
00:26He stabbed the child with a knife.
00:28It took more than an hour for the authorities to negotiate before the suspect gave up.
00:34According to the police, the suspect first fought with the live-in partner before the hostage.
00:40The live-in partner saw the suspect stabbing his 13-year-old daughter.
00:48What does the law say about this?
00:51Ask me, ask Attorney Gabby.
00:55Attorney, what is the case if the hostage is your own child?
01:05Well, usually, if there's an incident of hostage taking,
01:08the case is kidnapping or serious illegal detention under Article 267 of the Revised Penal Code.
01:15So, in addition to possible cases of rape or acts of lasciviousness,
01:20there will also be possible cases of kidnapping and serious illegal detention
01:25because he detained his own child during the hostage taking.
01:29The problem is, if the victim of kidnapping and serious illegal detention is a minor,
01:37like in this case, or if there's a risk of killing the victim,
01:43the penalty is reclation perpetua to death.
01:47It becomes qualified.
01:48But because there's no death penalty,
01:50the penalty will be reclation perpetua in this case or almost 40 years of imprisonment.
01:57Attorney, it seems like the scenes became tele-series because it's a public place
02:03and it happened to a lot of people, that's why a lot of people took videos.
02:08Does the law say anything about taking videos in such sensitive crimes?
02:14Well, actually, taking videos in such cases is not a crime,
02:18especially in a public place.
02:21We can't avoid that.
02:23It's also important to have a video because it can be used as evidence if there's a case.
02:29Taking a video of a child is not a crime,
02:32and for example, if there's a robbery in his life,
02:36if there's a threat, he will qualify for the crime.
02:40The problem is what to do with that video other than using it as evidence.
02:46How can I post it as is,
02:49without pixelizing or blurring the face of the victim,
02:53without hiding it.
02:55Well, there will be an issue in showing the video to the public
02:58because it's probably a violation of privacy of a person,
03:03especially a minor victim.
03:05There can be a possible violation of our Data Privacy Laws
03:09if the content of our videos is personal information
03:13that should not just be blurred
03:17and distorted without the consent of the concerned parties.
03:22So, let's not just upload videos or videos of minors.
03:30It does not matter if it's a child in conflict with the law or a victim,
03:35the law still protects them.
03:38In discussing the law, we will make it clear here.
03:41You know, for the peace of mind, don't think twice.
03:47Ask me, ask Atty. Gabby.
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04:02follow the official social media pages of Unang Hirit.
04:06Thank you very much.
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