HINAY-HINAY SA PAGSE-SELFIE!
Dahil sa isang picture ay puwede maaresto?! Dalawang college students ang inaresto sa Cebu matapos magpicture nang naka-dirty finger sa likod ng
dalawang pulis! Ano nga ba ang sinasabi ng batas tungkol dito? Pag-uusapan natin ‘yan kasama ang ating Kapuso sa Batas, 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.
Dahil sa isang picture ay puwede maaresto?! Dalawang college students ang inaresto sa Cebu matapos magpicture nang naka-dirty finger sa likod ng
dalawang pulis! Ano nga ba ang sinasabi ng batas tungkol dito? Pag-uusapan natin ‘yan kasama ang ating Kapuso sa Batas, 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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FunTranscript
00:00 [Music]
00:06 [Filipino language]
00:27 Good morning, Attorney.
00:28 Good morning.
00:30 Some people can only post.
00:32 They can only post.
00:34 They can only post for the likes and clicks.
00:37 Attorney, most people nowadays are fond of taking pictures and selfies.
00:40 Is there a law that prohibits the use of dirty fingers in pictures?
00:44 Does it affect the police?
00:48 Well, I think that dirty finger,
00:50 maybe when we were young,
00:52 we would say, "Is it just dirty?"
00:54 But we cannot show you on TV today.
00:57 But ask your parents.
00:58 Anyway, it is possible, and I emphasize, it is possible,
01:01 not all the time,
01:03 it is possible that there will be a case that goes against our law.
01:06 It can be a criminal case.
01:07 And usually, the case can be slandered by deed
01:12 under Article 359 of the Revised Penal Code.
01:16 When it is said, "Slandered by deed,"
01:18 it is a form of slander,
01:20 which damages the reputation, dignity, or honor of a person.
01:24 So, the slander can be written.
01:28 We often talk about the libel.
01:31 It can be spoken.
01:32 We call it oral defamation
01:34 if you slander or slander a bad person.
01:38 And in cases like this, according to the law,
01:41 it can be a slight or serious defamation
01:45 depending on the circumstances of the incident.
01:48 Because they will look at who the victim is.
01:51 Sometimes, what is their social standing in society.
01:55 Where was it done?
01:57 Were there many people or just a few?
02:00 And what is the reason why it was done?
02:02 Because if you provoked someone,
02:04 that's why it was done,
02:06 it might not be considered as a crime.
02:09 And not only does a dirty finger use the slander by deed,
02:12 there are other cases where a person slanders someone to embarrass them.
02:17 There are cases where a person slanders someone to embarrass them in front of many people.
02:21 So, if this happened in a slander by deed,
02:24 I cannot judge right away.
02:26 We need to ask,
02:28 if they are looking at the circumstances.
02:30 But if you look at the picture,
02:33 would you think that this dirty finger was directed to the police?
02:38 Maybe not.
02:39 Personally, I don't think so.
02:43 This case is also in the possession of the police who are affected and included in the picture.
02:47 So, we also need to ask.
02:49 But if you don't know about the incident,
02:52 you might say that it's just a background, it wasn't intentional.
02:55 So, while a case of using the dirty finger in a slander by deed,
03:00 it should be clear that it was done to damage the honor or reputation of the subject.
03:06 So, we have to investigate further.
03:09 So, if there are any illegal acts,
03:12 especially among the youth,
03:14 what can be the punishment for those who take pictures like this,
03:18 post it, and share it on social media?
03:21 Well, like we said,
03:22 if the pictures or the posts damage the reputation of other people,
03:27 it can be labeled as oral defamation or slander by deed.
03:31 In slander by deed,
03:32 for example, there can be a penalty of imprisonment of 4 months and 1 day to 2 years and 4 months.
03:38 Sometimes, there can be a fine depending on the situation.
03:41 So, we should be careful not to say that we have freedom of expression.
03:45 We can use this to hurt or damage other people.
03:49 If this is not clear, it's a case of slander by deed.
03:52 Actually, it can also be a case of unjust fixation.
03:55 If we say unjust fixation,
03:57 all the things that are annoying are included here.
04:00 The unjust fixation is like a catch-all crime under the revised penal code,
04:06 but it is against any act of a person that is not physical in nature.
04:11 The result is a severe anger, jealousy, and aversion of a person's feelings.
04:16 Like a vexed person.
04:17 Vexed.
04:18 Maybe it's better if we hear it in the words of the Supreme Court.
04:22 It's human conduct that results in annoyance, irritation, torment, distress, or disturbance.
04:29 So, the penalty for unjust fixation is low,
04:32 arrest to minor, or imprisonment for up to one month or 30 days.
04:36 But if you do this by posting pictures online,
04:39 for example, we know that the penalty will increase by one degree
04:43 because of our cyber crime law.
04:45 The penalty for crime will increase by one degree if the internet or information technology is used.
04:51 So, we should be careful.
04:53 We will go back to the "Think before you click" before posting.
04:56 And it's hard if you're young.
04:57 If you're young, you already have a criminal record.
05:00 Get an NBI clearance if you're not clear.
05:03 Because there are criminal cases.
05:05 Think carefully before posting.
05:07 Correct.
05:08 Atty. Gabby, thank you very much.
05:09 Thank you very much.
05:10 Happy weekend.
05:11 Happy weekend. Keep safe and enjoy the weekend.
05:13 [END]