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Atty. Danicon - Abogado De Campanilla | Episode 391 (August 7, 2026)

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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.
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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