Video summary
The episode opens with a lighthearted discussion between the host, Marioo, and Attorney PG Galang regarding courtroom attire in the Philippines. They debate whether lawyers should wear formal suits or traditional barongs when appearing before judges, noting that many modern courts lack air conditioning which makes heavy clothing uncomfortable for both legal professionals and litigants. The conversation highlights a shift towards more relaxed dress codes while acknowledging that some conservative judges still prefer long sleeves. This casual banter transitions into the show's core purpose: addressing viewer inquiries about labor laws, property disputes, and family issues through practical legal advice delivered in an accessible manner.
The first major case involves Dexter from Bacolod City, who faces a serious accusation of qualified theft against his helper. The situation arose after Dexter discovered that his employee was failing to remit full rent payments collected from tenants, instead deducting amounts for themselves or unauthorized fees before depositing the balance. Attorney Galang explains that this act constitutes qualified theft because it involves a breach of trust between an employer and employee, which carries heavier penalties than simple theft once the amount involved exceeds 500,000 Philippine pesos. The attorney warns viewers to be cautious in trusting individuals with financial responsibilities, as losing such funds can lead to imprisonment during trial if the threshold is crossed, emphasizing that even small amounts of embezzlement over time can accumulate into a criminal offense requiring immediate legal action rather than just civil recovery.
Next, the program addresses a complex dispute involving Jove from Caloocan City and her son's safety within a Gawad Kalinga community in Gapan. After an incident where neighbors allegedly conspired to evict them following a misunderstanding about their minor child helping a drunk neighbor park his motorcycle, Jove sought legal recourse against twenty hostile households. The attorney clarifies that despite being part of a non-government organization like Gawad Kalinga, residents remain under the jurisdiction of their local barangay and must exhaust administrative remedies before approaching higher courts or NGOs for eviction cases involving violence or abuse. Since child endangerment carries severe penalties beyond the scope of standard barangay mediation, Jove was advised to file a criminal complaint directly with the police rather than relying solely on community petitions, ensuring her son's safety is protected under proper legal channels regardless of the property's ownership status.
The final segment features Leya from Metro Manila, a multimedia artist contracted as a video editor who found herself performing additional duties like creating 3D animations outside her original job description without extra compensation. The attorney explains that while employers generally own work products created during company time using their resources, independent contractors or employees asked to perform tasks beyond their agreed scope may have grounds for claiming back pay if they can prove the extra work was mandatory and not voluntary. However, Leya's willingness to accept these additional assignments without objection could weaken her claim later, illustrating how accepting unrequested duties might be interpreted as acquiescence to a changed job description. The episode concludes with practical advice on documenting all communications regarding workload changes and resisting pressure to sign quit claims that waive rights to unpaid wages or benefits before seeking professional legal counsel.
Read the full video transcript
Ally of the people, supporter of the masses,
ally of law and justice.
Attorney Danny Conogado
the Campanilya.
Good evening to all
our viewers on Facebook and
YouTube. It's 7 pm and it's time
for Abogado de Campanilla. I am your
town mare, Marioo. With us
tonight is our attorney,
Attorney PG Galang. Good evening,
attorney. Good evening. But you look more like an
attorney to me now. Just now
. Just now, huh? Just now.
You are welcome.
Yes. I am. Yes, because it's cold.
Oh yes [laughter]
that's why I'm on eco-friendly. I'm
glad I'm a buffalo. I'm not
very
or I'm a little bit insulating f. It's just
really cold, is it cold, am I
cold too? But you know, it's
a bit more relaxed to dress like a
lawyer these days. Because in the past,
what were you supposed to be dressing like?
No, no, my question is, should a
man be wearing a suit when he
appears in court
? Barong long sleeves,
short sleeves, just barong. It must be
long and then there's no air conditioning. Is
that right? Yes. I think so. Because most
courts are long gone and there is no emulator.
No emulators.
Actually, they are even good because
they can barge. Ladies,
you need to wear a coat. Although there are
other judges who are more in line, as long as
your clothes have long
sleeves. Oh okay. Very conservative. There are so
many trash cans. [laughter] I
realized that there were so
many Baskins by chance. Yes, baskin.
Yes. It feels like I need to get dizzy. Oh my god. It's
hot, but it's okay
after healing. I'm off. Oh,
that's right. What is that? Just because the
judge is feeling sorry for himself. The judge is
wearing a uniform, so hot.
I'm the only one who feels
warm. Oh my god, sometimes when there is
no air conditioning in the court, there is no hearing, is
there such a thing or is it the
air conditioning's fault, yes, it is possible, no,
you can wear your short
sleeves, that's it, no,
we have costumes, it's really creepy, but
anyway, let's not let
our viewers down and wait for someone to
greet us, yes, right, who should
we greet? Or greet Jensen from
NACC?
Hello Jens and then Edith, Hello
Edith, they will be thrilled, no, those who are
listening and watching us, yes,
watching, where, actually, they haven't
listened yet, but now I say, watch,
I'll greet you, yes, don't you, or look,
because you know, they know you better,
I said, they're even more confused, you have a
show, who is with the lawyer, mare,
not the director, is that right? When you're
sitting here, or did
they not think that in the previous
episode [laughter],
mommy turned black,
no, but you know, you don't know,
honestly, no one doesn't
recognize you, yes, because when you were a
kid, oh, the 80s and 90s, it's true no,
not a child from the 70s and 80s, am I right? Yes, I'm from the
90s,
I'm a school kid, what are you from the 70s,
Bibiana, am I right? I'm only 7 years old
[laughter] Oh,
I'm the one who, if
you dream and wake up, there's something like that.
One of my most favorite films
on one of the top channels
because I watch
wrestling chica chik chik chika chcks on channel 13 and
then I watch school bukol 'ba
so it's impossible not to recognize
Dirk
and then those
movies, um, just The Mike de Leon
films.
Dirk is always there too.
No. Do you know what those old
movies are
? Hey, say it nicely. Maybe
we're biased here. Yes, indeed. That's it.
Hey, phone number. PH number. That's right.
Phone number. I thought
he was saying the direct phone number was the one we were giving away
.
Phone number because it's really you. Go ahead, give it to me
[laughter].
Okay. For those who want to call us or
text us directly.
[laughter]
Okay, the number for Globe is
09543100331
for Smart is 0961770807
or you can use Facebook Messenger or
I'll leave it there, don't worry,
they'll see anyway, that's just how
we are here, we should just be happy, okay,
even if we have concerns, we'll just be happy.
Dexter is from Bacolod City, 41
years old, he looks like he looks like he's got
a
helper to help take care of
me
and I also let him and his
family live in my property at a low rent.
I recently found out that
they have been collecting
rent from my tenants for several months but are not
remitting it to me in full. There are
still unauthorized deposits and
other money that he hasn't been able to return. When
I fired him, he allegedly even tried to
influence the tenants to
lie about
their payments. and they also left the property
without settling all
their obligations. I would like to know what
case I can file. Regarding
the missing money, other
missing items and the only thing
he did was to clean up. And if I can also
ask for damages. That could be called qualified theft
. Because
you trusted him, it seems like from
what he says in his story, he's not
remitting rent correctly. So I could
assume that it seems like he also assigned
his helper to be the
collector. So that means
his other tenants are used to
paying him. Dexter was just waiting for
his helper to remit it to him correctly
. It looked like it was,
but he found out that instead of remitting the
full amount, the
helper was deducting. That is qualified theft.
Qualified theft is a higher form of
theft because there is an element of
broken trust. There is an element of broken
trust. So that's the first one. Now,
that's possible too. So I think for this case that's
more of a scam because he didn't
pretend he didn't have the
power to collect, right? If
he has anything, even the
things he
stole, that's also theft. That's safe too,
right? And uh, just the translation.
Well, the most serious thing that can happen is,
you know, qualified theft when
it reaches a certain amount that is
unrecoverable. Really? Yes. Look at
when it is because it seems like something that is
trusted. When is qualified not
available? 'Right? You are trusted
.
Or what is that?
Mm
is 500,000. And the evidence of guilt is
strong. Can you imagine? Yes, indeed. So if it
reaches 1000, yes. If it reaches more
than one available amount, it becomes a
qualified theft if the amount
stolen is more than 500,000, it
becomes nonilable. And then
perpetual reclusion. Yes. That's why it's not available.
Oh my. Mm. So that's the highest of them
because it's a higher form of the
merroong um panlilin lang. Yes, indeed.
Trust. Um, actually, it seems like
I'm a bit confused about the amount that
I'm being lowered a bit for it to be
unilable. 500 seems like too much.
500,000 seems like too little. Apparently,
you're serious, 500 is enough,
you'll be in jail if you're not available.
Yes. But that's what the law says. What is in the
law. What hasn't been revised yet? Yes.
Not yet. It seems like PH500,000 is the
fastest expense these days. Extremely. There was
no time to
make a large amount of
500,000. That's true. So there are a lot of
laws that really need to be
reviewed. But for those of you
who are saving money, remember that
if it exceeds 500,
you might consider stealing it from your bosses or
your friends. You guys should think about it,
because if you are
charged and the fine exceeds half a
million, you will be imprisoned while on
trial. There you go. Okay. The job of ah and ba
and that's the and that's what you imagine because
the qualified the if reclusion
perfect. It's possible you won't even
get there.
Yes.
And then you're locked up, it's like the same thing
happened. It's like forever,
until
your trial is over, imagine what I'll get
for the 500,000. Don't do it.
Don't steal anymore. Okay. Oh, that's it.
You can earn that. Yes,
even if it's little by little. Okay.
The question is Jove of Caloocan City. What
question J? Hello Joke. Hello. Good
evening. Good evening J. Good
evening. What can we help you with? Ah,
because we used to live in the Gawadinga
GK,
that government organization.
Now
there was a dispute regarding
my minor son.
They agreed when we were not at
home.
What kind of
consensus has been reached that they are helping each
other? It almost
hurt.
Who almost got hurt? Ah, the
minor one.
Okay. You have a minor child.
There was an argument in your neighborhood
and your child almost got hurt.
Yes.
That is minor. Who wants to
hurt him?
The neighbors. The neighbor
next door lives right next to my
house.
Oh okay. Really neighbors. Okay.
Yes.
How old is your child?
16, please.
16. minor. Okay.
Okay. Then we weren't
at home at that time because
we were in Pampanga.
Okay.
The neighbors are united in
our petition because that's what happened there.
Why are you the one being punished when
your child almost got hurt? What is
it that we are wondering about,
why are we the beneficiaries? Now
they are united. They
all signed.
Okay. So, it's Jove against all of
them. How many of them are neighbors?
Ah, that's 20 doors. 20 doors.
Yes. I am not so familiar with the terms
and conditions on when you can live
in a gawad Kalinga. Are there
rules and regulations?
Does that have a community? There is a community where it seems like you have to
abide by what you have to do because if
you are what, teach us Jova
because if it were you who was given
housing through the Kalinga grant, what are the
requirements? Do you own the place or are
you staying there subject to
conditions? Ah, ours is
just a loan from the landowner who
owns the land. Okay.
Okay.
Then there are those of you who live there, what are the
qualifications required for
you to be allowed in and
why were you chosen?
Yes. Were
you chosen to live there?
Yes.
This is
because it's for the indigent,
we have a lot of them. It's like they're the ones who
built
their own house.
You build your own house. Yes.
That's it. What did we do?
We helped each other, so what do
they call
it, "bloodbath"? Okay, but you have rules
and regulations on whether you can
stay or not. Then they say
violence is not allowed.
Yes. They say your son was violated.
What? Is it a woman or a man? 'That child?'
Your son is a boy, he violated the rules, so
you're saying your son almost got
hurt?
No. What was done? What
happened? Why just this? Because
of course they will say that there are more of them, so
maybe they are more reasonable than
you. Or because we don't know what
happened. So what
happened? What happened was that on the night
of March 15,
the assistant who owned the land
also had a place there, because there was also a house right
next to mine.
That son-in-law, that
man, arrived.
Okay.
Do or t's what it is, I know it's 9:00 at
night. He is drunk.
He was drunk on a motorcycle.
Okay. Then he got angry right in
front of his house. He can't find a
parking space.
But you can
park anywhere because
that compound is spacious.
Okay.
And when my son noticed that
the man was angry, he said, "Okay, brother,
I'll just fix it. I'll just fix it
so that your motorcycle can be parked right in front of
your door."
Which is what my son arranged.
That's it.
Oh, then it happened, then later on,
mom said she was angry
because she was scared, she was drunk, then she
looked at him differently and kept coming closer to
him, big mom, I said she's
helping your son, and then why are
the other neighbors too, or why is
she angry when
your son just begged to help her, it's
like there's something missing, something is
missing from the story, yeah.
Ah, that's our story. Then
my child is mine because I don't have one either
. What's the story on the
other side? What's the neighbor's story?
That's right. So why are you
being petitioned?
Why are you being petitioned? Because that's what
the attorney is like. Not
everyone who lives there is angry with
us. Apparently they were forced to
sign because the landowner said that
if they couldn't sign the petition, he would join them
in the removal. Who does the
landowner mean? So, is my brother GK the
owner of the land? Yes. Yes. That's a loan
from the welfare grant. Apparently, it was lent
to the Kalinga grant for 25 years.
Okay. Oh, okay, that's why
I'm asking who has the right to evict because the
ah that one I'm not familiar with
under the Gawad Kalinga rules on who has
the right to evict. In either case, is
Gawad Kalinga registered with HLURB?
It's a non-profit organization. No, but
what is housing? Ah it's No,
they're not from NH, they're from something.
Really?
Or what? Under Daga Gawad Kalinga, the
local guard holds the primary right to
evict, right? LGU instead owned by the
property. This is just a use of rock
. Yes, indeed. But because this is usually LG,
the owner. But this one, are you
sure that the owner of that property was a
private individual?
He is an individual. Maybe check
later. Aren't
you sure the owner of the land is a
private person, not the government?
Yes.
How did you know? Okay. Okay. In
either case okay. I'm a little
confused because in the story I can't just say
he's nice and then Yes. Well, it seems like something is
wrong.
Um, in either case, if that's the case,
I'm asking who
owns it or what the process is because
at least you have to be given a
chance to explain yourself and for your
son to be able to say what really
happened to him and where he's
going, do you have a barangay?
Yes, there is. I'm still looking for a
case of what or what they said, they said
they don't have anything there because
it's a non-government organization.
No, but he's not like that.
That's a village. It should be anyone, even if it's
not in the Philippines. It doesn't
matter. What do you know, it's not true what the
barangay is saying, that because it
happened inside Gawad Kalinga,
they don't have any jurisdiction over that. Yes.
Because where are you getting your
residence? What is 'ba'?
Yes.
Is your cedula from the barangay or the
barangay? So that means you are a resident
of the barangay there. It just so happens
that your house,
your terms, are between you and the
Kalinga grant. But it doesn't mean that you
are not under the jurisdiction of the
barangay. Okay. I think if that's all
you really need, just go to LGU. Yes, it's
true. Go to the LGU and ask
them for help.
Yes, right?
Okay. You only got it if it was from the
LGU because they said it depends on the
LGU. Or that's what I'm asking
you, how are you sure that
that property is privately owned?
M,
what is that? The Galvez family is
listed in our contract.
Ah, maybe that's the owner. Are
you even aware of that?
That's the owner.
Ah,
but never mind the LGU, they will know
who owns it.
Yes, indeed. In either case, J, you know, this is
all because I'm absent. I'm confused as to
why, if your son's story is true
and his son is a bad boy, it does
n't seem fair that
I didn't ask you, it's not fair. So
if
your barangay doesn't want to be hit, then go straight to the LG, yes,
there, are you a Caloocan voter?
Yes, sir. That's right. Okay. Or
we can go to the LGU and ask for help. Why? Where have
we not been helped?
Yes. Hey, I have another question because I'm
stuck. The
barangay issued me a
certificate to file action. How many months is
that?
Wait a minute. Just wait. Earlier you said
the barangay ignored you, but
now the barangay has given you a
certificate to file action.
Yes.
Yes. Because what
they're saying is, it's like we don't want to
herald that. Ah, because
you were right to blame child abuse,
that's too high for a
barangay,
and then
I thought what I thought you blamed
Joe for was the conflict that got you evicted.
No. That's the first place he goes
. Is that the first place you went? The
eviction.
Ah, I mean, there should be two of them.
Apparently, the advice
I got
from
the barangay was that they didn't have anything there.
Go right there to the main office of
Gawad Cal.
Actually, the barangay is also right to
exhaust
your remedies first with the non-government
organization. Do you still know where
the main office is?
I know there is an attorney in Mandaluyong
to go to. Why did you go there to
check? Or it's not that
your barangay is wrong. Actually, I can
understand the logic of your barangay
before you come to us, since
you first raise the call to exhaustion of
administrative remedies, if
you really don't want to be helped by the actual
NGO, then come to us, because
maybe later you will get the
solution from the executives of the emergency
care, anyway, so your second
case is right, child abuse is right, child abuse is right,
because only those with a limit
can be
escalated to the
barangay. The penalty is too high
for the barangay to settle. Yes.
So he's going to court. Yes. Yes. Because
that's child abuse. The penalty for
that is high. The penalties listed
are only for those under 6 years old. Okay.
Jove. So, it's going to go to court because
you've already been given a very
high fine. No, it's not because the
barangay doesn't want it, but they are right. And then
maybe the barangay doesn't need
that anymore because it's already straight. that's straight to the
police, isn't that
straight to the police?
Yes. Okay Joe. Okay Joy, so
one more thing, so if
I apply to PAW, I won't need the CFA anymore.
Well, you already have a CFA, so bring it with you
. But even if you don't have a CFA,
you don't need a CFA for child abuse because
child abuse has a penalty that it's not
within the jurisdiction of the barangay. It's a
good thing your barangay gave you
a CFA. He is already too high up in the
barangay. That means the barangay can't
fix it. Fix it or it's okay, okay,
thank you, thank you. Okay.
Okay. This is Leya. Good luck J. Leya
of Metro Manila, 28 years old. Good
day, sir. I am a multimedia artist
who is contracted as a video editor to
a TV network. But in actual
work, I am also asked to create 3D
animations and other outputs. Hey, I feel like
I know these people that aren't mentioned
in my job description. Are
we sure we're texting? What is this? Ah,
let's repeat it. Yes, it is possible. I want to read this.
[laughter] I'm someone who has a contract.
Okay. Under contract. Okay.
Contracted. Okay. As a video
editor in an O that's it. Okay. But
in the actual work, they also ask me to create
3D animations and other
outputs that are not stated in my
job description and job order.
My work has been used and shown in
broadcast and on the company's social media platforms
. However, this was not
included in the original scope of my
contract. I would like to know
if I have the right to ask for
additional compensation because I don't want to
answer this. We might have a conflict of
interest here. Yes. Um,
okay. It's just me, my personal staff
. This is not what it is. This is not a law.
Yes. Um, there were times that on my own on my
own as an employee before.
Okay. Actually, that's a good thing
because you're an employee. I'm an employee. If
this is a contract. Okay
loye independent contractor. Ah, so maybe it's
just a term of reference. Yes.
Because if you were an employee and you did
those things
even a little bit beyond
your tour of duty announcement
and what would be the legal impact of
you not reading my last contract
[laughter]
and what would be the legal impact of me
not signing a quit claim
while there is an ongoing dispute over my
backpay. Okay. Okay. It seems like there's a
case because it looks like
he resigned or he doesn't have a case that
he already has a case. Quit claiming. Backpay. Okay.
If it means back pay, maybe that's what
he asked at the beginning.
His question here is whether he is being asked to do
something that is not within his scope. Okay, that's
how it is. Got why, just asking. So
if he's a 3D animator and an editor, is
that different?
Huh?
Why? I feel like he's no
different. Anyway, people don't hear
their answers. The
people in our studio said it was different
. Oh, okay. But I
think this is it.
when you're an employee employee and
you are because you used to be an employee. Or when you did
that work even though it's slightly
beyond the tour of duty and what was
agreed apart.
But you did it using company resources
and during company time normally it's
the employer who owns the output. Yes. Or is that what it seems like
? Correct.
Is that correct? But um look at it because when you are an
employee usually But if you're an
independent contractor meaning
independent contractor you are hired
because that's what people here know if you're
an artist and you were just uh hired for
a specific job and then you were asked
to do something else outside of your
contract then that is compensable
outside of your ano kasi contractor.
Sorry, I'm not a
devil's advocate,
but this is my only question, why did you
do it?
Actually, it's not a devil's advocate. That
's a good reaction because if it's not
within your job description, you can
actually say as an employee that it's
not within my job description.
He's a contractor. I mean, you're a third party or
what, boss, it's not mine, or it's
someone else's. Maybe you can
do it for someone else, not me. Or the
best answer would be, I don't know,
I don't know how to do that. Or not? So
the conversation is over. Yes. So um that is also
can be as a stopple in a sense that is
called a stopple. You're stopping from
claiming that it's not included because
you did it. Um so that can but the thing
stoppage can be is also proven. Meaning, it's
not like it's automatic just because
you did it. You need
to know the circumstances when you did it, if there were any, if there were any,
while you were asked,
you expressed that you were out of it, and
there were those. Okay. Now
he has done it. Okay, it's done, he's done it,
he's already released it. He doesn't want to give her
back pay now that she doesn't want to be given anything. Yes,
he wants the back pay to include
his request, maybe because
you made me do that, maybe I should have an
additional to the additional, there should be an
additional because you should be talking about
work, okay, okay, toos, and
then he said, please wrap up,
closing [laughter],
can you be forced to sign a quit claim,
you cannot be forced to sign a quit
claim, yes,
even if you are given the back
pay, now, my advice here is
if you really know
your rights clearly, and I'm sure
he'll get his back pay
no matter what happens. He's not
sure he'll get a refund. What
he's probably talking about is my extra work.
So what will happen here is that if
he already has a case, if
he files a lawsuit, he will get
his back pay without the need for a quick claim.
He's there to fight for his rights,
but what if he's just on a contract?
He'll prove that he's the one, that's where
they'll settle the score, evidence
against evidence, that's not too much, this is
too much, they know this is too much,
he should pay me,
pain in the skull, pain in the skull, yes, but
if he really wants to fight, but
maybe for me, if
it's just a small thing, maybe a lesson learned next time,
don't do it, okay, anyway, because
we don't want our skulls to hurt and
we don't want to look ugly now, let's
just relax and drink hot tea and
hot milk. Yes, don't have
coffee because it's late and they might not be able to
help.
Yes. You might feel more stressed. Anyway,
thank you very much for
joining us tonight.
Until next time. I'd like to say
hi to Papa Jimmy, Mama Training and of
course Babe Mac Castro. I am your
town's mare Maria and I am your
lawyer, Attorney PG.
Bye.
Bye. Hey