Question: My son is detained for illegal gambling, and the authorities say they have a video of him participating in it. What should we do?

Answer:

Immediate Steps After Detainment

Right to Counsel: The first and foremost step is to secure legal representation for your son. He has a constitutional right to be represented by counsel during any questioning or legal process.
Know His Rights: Make sure your son knows his rights, including the right to remain silent until counsel is present. Anything he says can be used against him in court.
Check the Arrest Procedure: Evaluate if the authorities have followed the correct legal procedures for arrest and detention, as outlined by Philippine law. If any of the protocols have not been properly followed, this could be a basis for questioning the legality of the arrest later on.

Investigate the Charges

Type of Gambling: Determine what kind of illegal gambling your son is accused of. The penalties vary depending on the offense.
Collect Evidence: If possible, collect evidence that can counter the authorities' claims. This might include testimonies from witnesses or other exculpatory evidence.

Legal Procedures

Preliminary Investigation: After arrest and detainment, a preliminary investigation will be conducted by the prosecutor to determine if there is enough evidence for a court case.
Bail: Check if the offense is bailable. If it is, taking steps to post bail is crucial for his temporary release.
Arraignment and Plea: Should the case proceed to trial, your son will be arraigned, during which he will have to enter a plea (guilty, not guilty, or no contest).
Trial: If your son pleads not guilty, the case will proceed to trial. This is where the evidence, including the purported video, will be presented.

Consequences of Conviction

The penalties for illegal gambling vary, but they could involve fines, imprisonment, or both, depending on the specific circumstances and the provisions of Presidential Decree No. 1602, which prescribes stiffer penalties on illegal gambling.

Conclusion:

Having a child detained for illegal gambling is undoubtedly stressful. However, it's crucial to act quickly and efficiently to protect his legal rights. Consult with a qualified legal professional familiar with criminal law in the Philippines to guide you through the complicated legal landscape surrounding illegal gambling charges.