THE DOUBLE STANDARD OF ATTY. LIBAYAN | "DECLARED" VS. "SINABI" | BANGAYAN VS. UDANG
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00:00.0
Now, eto na tayo sa exciting part.
00:03.7
Alam nyo po, pinalalabas ni Atty. Libayan at ng mga followers niya na ayaw ko na daw pag-usapan ang debate dahil meron daw akong maneuver na ginawa.
00:14.5
Maliciously, tinatawag nila itong bangayan move o bangayan maneuver.
00:18.6
Alam mo Atty. Libayan, kaya ayaw ko ng pag-usapan hindi dahil sa bangayan maneuver na pinagsasabi mo dyan, kundi dahil it is pointless to continuously argue with someone who clearly has a different but unfortunately erroneous stand on the matter.
00:36.3
Kung ayaw mong maniwala at talagang kumbinsido ka sa paniniwala mo, edi wag.
00:42.3
I will not lose sleep kung hanggang ngayon you are still mentally stuck sa udang case.
00:46.9
Kahit na binasura na ito ng tulagan case.
00:51.9
Pero sige, pagbibigyan kita sa kahilingan mo.
00:56.9
Pakinggan natin si Atty. Libayan sa accusation niya na meron daw akong inattribute na quote patungkol sa age of sexual consent na hindi daw matagpuan sa bangayan case.
01:07.0
May paki alam ka ba kung matututo yung tao sa iyo o hindi?
01:15.6
Kung meron, ang sagot mo.
01:16.9
Explain mo yung bangayan case.
01:20.4
Yung quote mo sa bangayan case na hindi natagpuan sa kaso na yun.
01:25.2
At may paki alam ako sa pagtuturo ko ng batas sa mga tao.
01:29.5
At kung may paki alam ka rin, you have to clarify yourself.
01:34.8
Ito naman ang sinabi ko during the debate about the bangayan case.
01:39.1
When we talk about age of sexual consent, it should always refer to a minor.
01:44.6
It does not refer to a person.
01:46.9
It does not refer to a person of legal age.
01:48.3
There is no question and it was never an issue that a person of legal age can validly give consent to a sexual act.
01:56.5
And why do I say that the age of sexual consent should always refer to a minor?
02:01.8
No less than the Supreme Court in Bangayan v. People, GR No. 235610, September 16, 2020,
02:08.8
declared that the capacity to give sexual consent refers to individuals between 12 and below 18.
02:17.6
Kaya mali po ang sinasabing 18 ni Ginuong Libayan.
02:21.3
Malinaw pa sa sikat ng araw na ang sexual consent ay tumutukoy lamang sa isang minor de edad.
02:28.1
Before it was 12, now it is 16 pursuant to RA 11648.
02:34.7
Contrary to your belief, I never made a direct quote from the bangayan case
02:39.4
when I said that the capacity to give sexual consent refers to individuals between 12 to below 18.
02:46.9
It was my conclusion upon reading the bangayan case that with respect to age of sexual consent,
02:54.3
it should always refer to a minor.
02:58.2
Ikaw lang itong nag-assume.
03:00.4
Again, putting words in my mouth that I made such a direct quote.
03:05.8
Had it been my intention, ha, Atty. Libayan, to quote the exact words of the Supreme Court,
03:11.3
I would have prefixed my statement with the words in verbatim.
03:37.6
Para ipalabas mo na I misquoted a Supreme Court decision.
03:42.4
Siya nga pala, inanticipate ko na ang magiging reply mo dito.
03:46.9
Sasabihin mo, eh bakit sinabi mo na dineklara ng Supreme Court?
03:51.4
I used the word declared merely to stress the point that in the Bangayan case,
03:57.3
the Supreme Court clearly differentiated between the concept of consent under contract law,
04:03.4
which refers to a person of legal age, and the concept of sexual consent in criminal law,
04:09.0
which during that time nawala pang RA 11648, refers to a person between 12 years old and below 18.
04:16.9
Given the fact na pinoint out ng Supreme Court sa Bangayan case na magkaiba ang konsepto ng consent sa civil law
04:26.0
sa konsepto ng sexual consent sa criminal law, malinaw na ang sexual consent ay tumutukoy lamang sa edad 12 years old and above but below 18.
04:36.3
Ano ba ang tingin mo sa 12 years old and above but below 18? Di ba minor de edad?
04:42.3
Now, kung ayaw mo pa rin intindihin dahil pinipilihan,
04:46.9
at kung ipagpipilitan mo talaga na I misquoted the Bangayan case, eh hindi ko na problema yun.
04:51.7
At kung ipagpipilitan mo pa rin na I made a direct quote dahil I used the word declared,
04:58.9
hindi ba sinabi mo rin sa isang livestream mo entitled
05:02.7
Atty. Libayan sa Duterte at Raising the Age of Sexual Consent, dated March 7, 2022,
05:10.4
ang ganitong mga salita.
05:13.1
Meron tayong video na ganun eh. Balikan nyo yun.
05:16.9
Sinayt ako na batas dun na sinabi ng Supreme Court na it was never 12, it was always 18.
05:25.3
Masdan nyo ang sinabi ni Atty. Libayan. Sinabi daw ng Supreme Court sa isang desisyon na it was never 12, it was always 18.
05:34.6
Ano kaya ang desisyon yun? Pakinggan natin si Atty. Libayan.
05:39.7
Of course, it is your stand that the age of sexual consent is always 18, correct?
05:46.9
In fact, you even said that there is a Supreme Court decision that states that the age of sexual consent was never 12 and that it was always 18, correct?
05:59.8
Sorry? Was that part of my presentation?
06:04.8
You're talking about sexual consent, Panyero. This is in relation to your claim that the age of sexual consent is 18. So, this is very material.
06:14.9
Now, what is that?
06:16.9
This is a policy decision that you claim that the age of sexual consent was always 18.
06:26.6
What's 18 is the Udang case and the Malto case.
06:33.2
In the 22 minute and 8 second mark of your live stream on March 7, 2022, you said, and I quote,
06:41.3
Meron tayong video na ganun eh. Balikan nyo yun. May sinayt ako na batas dun na sinabi ng Supreme Court na it was never 12, it was never 12, it was always 18.
06:46.9
May sinayt ako na batas dun na sinabi ng Supreme Court na it was never 12, it was always 18. Is that referring to the Udang case, Panyero?
06:56.3
Well, I think that's not part of this debate already because that's my live stream.
07:02.6
That's not for you to judge, Panyero. I am asking, you are under cross. This is actually related to your claim that the age of sexual consent is 18.
07:16.3
When it comes to like Supreme Court decisions, saying in verbatim that it was never 12 and it is 18, it's not a direct quote when I said that in the live stream.
07:33.6
O, sasabihin ko rin ba na nag-Udang maneuver ka dahil listening to your statement, it would seem na may pinalalabas kang direct quote mula sa Udang na inadmit mo during the debate na wala naman pala.
07:46.3
Worse, kahit na binasura na ng Supreme Court ang sweeping pronouncement sa Malto at Udang by the end-bank decision of the Supreme Court in the Tulagan case, piilit mo pa rin pinalalaganap na ang age of sexual consent is always 18.
