00:00Hey, come with me.
00:02The price is here.
00:04Hey, what are you doing?
00:06Ouch!
00:08That was a tense encounter
00:10before our President Duterte
00:12boarded the airplane
00:14to go to the Netherlands.
00:16Hold me.
00:18Come with me.
00:20The price is here.
00:24At that point,
00:26the former President was separated
00:28from his wife, Hanilet Avancenia,
00:30and their son, Kitty.
00:32When the parents
00:34were separated,
00:36they saw that Hanilet
00:38was hit on the head.
00:40The PNP said that it was a cell phone
00:42that was hit on the female member
00:44of the PNP Special Action Force.
00:46It caused a big
00:48commotion
00:50because of this,
00:52Hanilet was accused of direct assault.
00:54What does the law
00:56say about this?
00:58Ask me, ask
01:00Attorney Gabby.
01:08Attorney, direct assault is
01:10a possible complaint
01:12by the police against Hanilet.
01:14Is this a solid evidence
01:16seen in the video,
01:18and what is the possible punishment
01:20for this case?
01:22Well, those videos are a solid evidence
01:24just like other electronic
01:26evidence like cell phone pictures
01:28and CCTV recordings.
01:30This is according to
01:32Republic Act 8792
01:34and the Rules on Electronic Evidence
01:36which states that electronic
01:38evidence can really be used.
01:40But it can only be used
01:42if it is proven
01:44and authenticated that it is not
01:46fake, edited, or AI
01:48generated. As you know,
01:50a lot of videos
01:52are fake,
01:54so an expert needs to
01:56investigate if it is
01:58not fake.
02:00The videos are classified as
02:02ephemeral electronic evidence
02:04and it is better if
02:06there is a witness
02:08who can identify
02:10the video and explain
02:12how it was recorded
02:14and hidden.
02:16Of course, it is better if
02:18the witness is someone who
02:20knows the incident and actually,
02:22if you look closely,
02:24there are a lot of possible witnesses.
02:26It has been reported that a case like this
02:28is a case of direct assault
02:30under Article 148
02:32of the Revised Penal Code.
02:34Direct assault is a crime
02:36where a person in authority
02:38is attacked or used
02:40by a person in authority
02:42while doing his
02:44official duties.
02:50Attorney,
02:52will the punishment be heavier
02:54because a police or person in authority
02:56who serves a warrant
02:58is involved? Well, of course, yes.
03:00For example, if you
03:02hit the head of a police
03:04who serves a warrant, the crime is
03:06direct assault and the penalty is
03:08prison correctional in its
03:10medium and maximum periods,
03:12which is 2 years, 4 months, and 1 day
03:14for up to 6 years.
03:16And there is also a fine of up to
03:18P15,000. If you hit
03:20your neighbor,
03:22the person in the corner, or anyone
03:24who is not a public officer
03:26in the performance of his duties,
03:28it can be a case of slight physical
03:30injuries only and the penalty
03:32is arresto menor, which is
03:341 to 30 days imprisonment.
03:36So the difference is quite big, isn't it?
03:38This is because a person in
03:40authority, like the police,
03:42or the other persons in authority,
03:44judges, or other public officials
03:46are bodies of the citizens
03:48or the state and should not
03:50be undermined or
03:52their authority is wasted
03:54because they represent the state.
03:56So the penalty is really
03:58heavier if they are
04:00our target to use force.
04:02We will clarify
04:04the laws we are discussing.
04:06You know it already.
04:08For peace of mind,
04:10don't think twice.
04:12Ask me, ask
04:14Mr. Truliga.
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