I think if NAS daily was able to spend time and money for a binding contract, the least they could have done as an earnest show of respect was to get (yes, also spend on their behalf) a local lawyer who could explain the implications of the contract to them (fairly and knowledgeably). And then give them at least a day or two (TIME) to discuss and process (yes, out of genuine respect for the family and other stakeholders in the community) before getting the final consent. There seemed to be an element of pressure and duress to just place a thumb mark, and not decline, especially when being filmed in front of camera lenses. Did NAS even ask local authorities if this was culturally permissible? It is easy to think they (Wang-Od) should have sought legal advice, but hey, NAS daily did not even give them any forewarning, for them to find time (or enough money) to seek legal advice, esp from all the way up in the mountains (access)! Moreover, I think many people in general, more so them, are not even very familiar or aware what "legal advice" entails, when it is needed, and where to get it (even around their area)... and of course, consider also the affordability of getting one. Whether or not the document was completely legal, my sense is that it was definitely self-serving and without genuine care for the community they say they intended to help. Clearly. (Btw, I am a surgeon who gets consent from patients all the time; and my wife is a lawyer, so i am being as objective as I can be, without losing the empathy for the subject, Wang-Od, and the stakeholders.)
ayayay nabash ka tuloy lolz wait na lang natin ang result ng investigation mga peepz nasobrahan lang kayo sa ecq wag n muna tau magjudge di naman tau court eh lolz baka mas marami bagay pa tayo dapat atupagin ✌️😂
Kalinga is pronounced Kaling-ga po. Glad to hear about that issue from you, Sir, a professional. There are other videos about that issue though most of them are just opinions.
@@TheDeanLawChannel A foreign visitor (tourist visa) may: (a) Attend meetings or roundtable discussions ; (b) Visit a current project site or factory floor for informational purposes; (c) Attend conferences or seminars; (d) Make site visits to internal or client facilities/plants. Any other activities would qualify as "doing business" through soliciting service contract - Whang-od being a teacher in Nas Academy. Dean, I suggest you make another video to clear things out.
@@heartpop22 You pointed out the law. That's great. But that will hardly be enforced. No need to clear things out. That is why we grant visa less entry to foreigners.
Legally binding contracts can result in winners and loosers. Ethical questions do arise. In this case who in their right mind would go in contract with a 104 year old person without considering health issues especially during covid times.
Hi Dean, Thanks for sharing your views and some legal basis on intellectual property. What's your take on this? R.A. No. 8371 or the IPRA and its Implementing Rules and Regulations provides that free and prior informed consent (FPIC) is required when the knowledge of indigenous peoples is used for commercial purposes. This consent is secured from the members of the ancestral domain, in this case the members of the Butbut Tribe and not from just one individual or her family. This is especially true of the Whang-od Academy will reveal to outsiders about the indigenous community's rituals. The agreement between the parties should also be written in English and the local Kinalingga language and witnessed by the National Commission for Indigenous Peoples (NCIP).
Consent does not have to be from the entire tribe. The law never states that. It can be from a representative or the individual who is affected by the said agreement.
The contract is valid because there is a meeting of the minds between two parties. This will become null and void only if the contract is translated inaccurately.
IP was protected by law. It is not that is as meeting of the minds. IPs can be easily to be pursuaded by greedy and abusive people that is why in the case of Apo Whang Od it is not the sole decision of her or her granddaughter instead the whole community SHALL be consulted as the methodology of tattooing composed of several minds living in butbot tribe. I think the contract is illegal.
But the contract did not satisfy the requirements of IPRA Law. And Law prevails over the contract, but my question is, will the contract only be nulled or voided until the courts decide?
@@bahemisadan3684 Baka fait accompli na, tinanggal na ni nas yung video eh. Unless magkaroon uli ng agreement (yung 'proper' na, pursuant to relevant laws) at ibalik ang video na yun
@@brixquinonez you don't understand... it is not just an ordinary talent it is a tradition that can only pass on within their family or their tribe and that should be respected. This is not like faking a Louis Vuitton print on a fake Bag my dear.
@@brixquinonez if you aren't filipino and you don't even speak my language "Ukinnam agtalna ka langnen" one of our native language in the Mountain Province.😄
This is Section of the IPRA Law (RA 8371). ICCs/IPs are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights. So, that means Whang OD is free to teach what she learned.
@@TheDeanLawChannel is it one of requirement for contract to be valid is both party is of sound mind? 104yrs old, sure ba na naiintindihan ang makapal na contract? At kung ano ang contract?
Thank you for this, Sir. I read this article on Rappler about UP Anthropology Professor Castro's opinion about the issue: “Whang-od is not just an individual artist but she is also a member of the Butbut Tribe of Kalinga. Her skill on the art of traditional tattooing is derived from the indigenous knowledge of generations of Kalinga ancestors. Thus, this indigenous knowledge is collectively owned (although it may be individually practiced) by the Butbut. Thus, the consent of the members of the Butbut is necessary if this knowledge is to be shared to outsiders. Getting the permission of one individual is not enough.” Castro, on his second point, said that “Nas Daily does not know Philippine law, more particularly Republic Act No. 8371 or the Indigenous Peoples Rights Act (IPRA) and its Implementing Rules and Regulations.” “Free and prior informed consent (FPIC) is required when the knowledge of indigenous peoples is used for commercial purposes. This consent is secured from the members of the ancestral domain, in this case the members of the Butbut Tribe and not from just one individual or her family. This is especially true of [what] the Whang-od Academy will reveal to outsiders about the indigenous community's rituals. The agreement between the parties should also be written in English and the local Kinalingga language and witnessed by the National Commission for Indigenous Peoples (NCIP).” Free and prior informed consent, is also defined in Republic Act No. 8371, which “shall mean the consensus of all members of the ICCs/IPs (Indigenous Cultural Communities/Indigenous Peoples) to be determined by their respective customary laws and practices, free from any external manipulation, interference, and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community.” It seems like the contract was only between Whang-Od and Nas Daily. Still, the law requires the community's permission to commercialize indigenous practices, like pag-babatok. If that's the case po, would the contract still be valid?
Very well researched. Know that my reply is for the protection of Whang Od on the assumption of the contract. Under Sec. 32 of the law you mentioned, Whang Od has the right to practice her cultural tradition. And when I read the law, there is no prior approval needed. If there is such a provision, please point it out to me. Thanks
Wang od's participation in this activity has been announced days prior. If there is any violation of any rights, the relatives could have prevented the showing of her video even before it is shown.
I hate that some people hates Nas and saying wrong things about him even though they don't know him but the situation isn't even explained so saying false accusations will mislead some people
Dean, WHAT IF 1. Whang-od did not understand the contract or the translator did not explain it well, is the contract binding? Here in the province I witness several elders who signed what their child/children told them to sign without them telling the "REAL" content and it was not done in front of a notary public (carried to the home document then was notarized). I know from movies that once you signed a contract whether you understood or not you are binded to the document's content, is that a fact or legally possible to dispute? Thank you sir!
I like this video Atty. I don't know much about the legal parts, but I appreciate that our culture is being spread and shared and merong "FOREIGNER" who kahit sabihin na natin will earn from it ay nagtake ng risk and chance to dessiminate,share,spread the information. Do we have an academy for her in the Philippines?Aside from giving her awards dba to save a certain culture it should be taught if maari nga worldwide. That's how you preserve a culture.Meron pa issue about dun sa COCO farm, na mahirap daw ang pinoy!? Truth hurts talaga.
I disagree with having an academy, it may be beneficial to many who appreciates the tribes artistry .But it would eventually be part of the mainstream. It is the The Butbut's tribe tattoo artistry that have been passed down Tru generations,that is inked on someone's skin.For me that is more than enough to show appreciation. Even though we are Filipinos we are not part of their tribe,we are still an outsider .All the more reason for a Foreigner to push through with culture preservation. But in the event that the tribe would decide to break the tradition , although it saddens me I would support them.
It's like yoga...an age old tradition from India, that foreigners appropriated and profitted from. Do we know it came from India, yes....do these people give back any kind of royalty, no
Nas Daily wasnt the first or only foreigneŕ who features about APO WANG OD . Apo WANG ODs skills s already recognized internationally. And i disagree about it being shared. It is their tribes Pride so I dont see any reasons for it needs to be taught worldwide.
no you dont have any academy, no filipino ever care enough to make one, it wasnt until a foreigner made one for whang that all the filipinos got butt hurt. Pretty typical crab mentality tbh. You wait withing the next year you will see a filipino open a course for whang lmao. Such a racist country.
Last 2020, the Kalinga Indigenous Cultural Communities (ICCs) through their respective Elders/Leaders made an announcement to the world that the Kalinga tattoo, apart from a cultural manifestation of their identity, is a collective property of the Kalinga ICCs. Ownership of such cultural manifestions is lodged to the community and to its race, and not to a single individual. Thus, prudence dictates securing prior consent from the community as recognition of their collective ownership before any appropriation can be made. Lest we reduce the sanctity of the Kalinga culture and identity into a mere brand. Nas did not do his research. As always, he relies on wikipedia same as those issues/backlash he faced before. A fucking hypocrite!
Or he'd watched it from the mainstream media in which they are very manipulative than before and IMHO, I don't believe that the mambabatok which is the tattoo art of the Butbot community that Whang-Od live is not dying or near to an extinction. Maybe there are other Butbot communities and probably some of her relatives are still practicing to this kind of art tattoo as part of their cultural practices in which the mainstream media had failed to report that and they'd became biased to the public like Nas Daily. In other words nauto si Nas sa mga report ng mainstream media sa pagbibigay ng balita tungkol kay Whang-Od and no wonder this is the REAL reason made on this kind of fiasco! It's all of the mainstream media fault!!! 🤬
@@wazzup233 But dude, a little research will not hurt. Big lapse from Nas. If only he admitted that they fell short in conducting research and then immediately apologized, it would have been a different story.
Ms. Heart, I respect your point. And you have a good analysis there. But there is no law that supports collective ownership by declaration. While I do believe that the Kalinga tattoo art is cultural, denying revenue to Whang OD is harsh.
@@TheDeanLawChannel With all due respect, there is no law that prohibits the Kalinga Indigenous Cultural Communities (ICCs) to manifest their cultural identity and announce that the Kalinga Tattoo is a collective property of the Kalinga ICC; such ownership and sense of affinity/belongingness to their culture/tradition belongs to them. It is them alone who has the utmost right and knowledge to preserve their own culture and tradition. The outsiders like you and me should support and protect them from people who want exploit them. In the case of Nas, it is only right and proper to seek approval from the community rather than seeking consent from one person (Apo Wang-od, who doesn't know Tagalog and English), otherwise who will do the policing? With respect to the revenue, Nas is an ass.
Why not tell that to wang od's relatives surrounding her during the contract signing. Do you expect a foreigner to know the tribal declaration you are talking about. Even i, who is just around manila don't know about it. It is unfair for you to expect Nas to know all the rules and declarations of the IP's. If at all, your accusation of profiteering goes to the relatives of wang od who agreed to nas' team. (i just remembered, nas wasn't even there during the signing. Hahaha)
Sorry sir but I'm a bit disappointed with your answer. You explained things about contracts and agreement but failed to mention the most important element of this issue - the necessary involvement of the institution that protects our indigenous community. The contract is null and void from the beginning because it didn't meet the prerequisites to make the agreement binding.
Nice point. But there is a constitutional provision that no law shall impair a contract. It cannot be null and void (you should understand the concept first). Under Sec. 32 of RA 8371, Whang OD has a right to practice and revitalize their own cultural traditions and customs. Secondly, under Section 55, Whang OD right to teach a shall not be construed as co-ownership as provided in Republic Act No. 386, otherwise known as the New Civil Code. Sorry Rod, I am also disappointed with your answer
does 750php is not enough to pay for this rare cultural art.. some of their classes range from 5k-25k.. this is actually belittling our cultural heritage ..
I think it all depends on how long is the tutorial. Some courses, those expensive ones, could contain more than a dozen videos. For whang Od, it was only 1 video. Im not sure why people keep saying they are belitteling our cultural heritage where the fact is that they want to share it all over the world through a course.
@@markreyes1866 exactly.... Isip isip din madlang people Kung totoong mukhang pera si nas tataasan nya yan 3k+, pero affordable naman for the sake of learning...
Hello dean, how bout Ms. louise who wanted to make Nas as a persona non-grata and even coordinating with CHD? How does a person became persona non-grata? Thanks in advance. God bless you dean.
I agree with your objective analysis from a legal and clear issue framing approach, as opposed to emotive claims spreading all over social media. Fudamental issue here revolves around WO's "mental capacity" to comprehend and understand the contractual obligations. "Cultural exploitation or misappropriation" remarks are highly subjective, opinionated and open to divisive interpretations with multifaceted perspectives, pros and against. Ultimately, hearing and assessing from the horse's mouth offers most objective insights into the true context.
Okay Sir, what will happen now? Granted that, the contract is valid but what about the RA 8371? Apo Wang-od is already exploited anyway by those "some foreign vloggers" but how about this one sir? Is it really allowed for Nas Daily to do "business" out of it?
Hi Neth, All we know now is that almost all Pinoy led contend in Nas Academy are backing out because of the issue. RA 8371 is there to protect in the event of a contract dispute. If Whang-Od was exploited, then someone should represent her to nullify the contract.
I belong to IP group of CAR and unfortunately I am ignorant of this RA 8371😅. But then , this issue gave me a bit of knowledge now😀. Shall I say... both parties are in trouble? Or? Abangan bukas ✌️
MY question is...why did the complaint only come out after the tutorial video was published online? Why was the video NOT stopped during it's filming? Sorry to say this BUT the grand niece sounds fishy to me.
Very informative and your spill for subscription was witty. Thank you. I already smashed the subscription so the dog won't need to eat the exam booklet :)
Ur correct atty.! If his intention was really authenic he could have hired a lawyer or hired a lawyer for both parties as he can afford to do so. The neice and Nas would have translated the document in their language in writing and not making her sign or put her thumbmark in an english language document.
Nung una ko itong narinig ang sakin ay dapat hindi nakikipagusap sa senior sa mga kontrata or mga important matters, dapat kausapin ang kaanak na guardian nya, kasi senior na sya. (Sa online article na nabasa ko, si Whang Od daw mismo ang um-oo). They cannot comprehend fully tulad nung bata bata pa sila. My mom is a senior, 79, pero hindi halata at saka maliksi, pero nakakalimut na sya at saka umo-oo na lang sya kung minsan kahit hindi nya naiintindihan, madali na syang malito, lalo na kapag machika ang kausap. Whang Od is about 100yrs old (tama ba?), all the more na kelangan kino-consult ang nagaalaga sa kanya kung naiintindihan nya yong mga bagay bagay.
@avielexa Mae--- true! Yun tipo bang nakukulitan na. Yun bang nakaka-inis na kaya napilitang pumirma. # Kung minsan sa pagiging mahiyain, pumirma na lang si Lola WO sa kontrata para matapos na ang usapin.
Agree po dapat po may legal guardian na po talaga to look out for the welfare of seniors.kasi nangyari na po sa family ko po uncle ko pinangako an na magmana ng lupa pero Yung pinsan nya nag hocus pocus binenta Yung lupang ipapamana Sana sa kanya . Yung ending Yung pinsan Ang nakinabang sa mana ng Lola nila .😢
Can anyone from the tribe the Niece or Granddaughter show us their copy of the contract? and also as said if we let the niece translate the contract herself and see if she really understood the terms
Hello, Dean. Waiting for your content on Jamill's case regarding their income subject of taxation as per BIR. Waiting for your thorough explanation on this matter. More power, Dean.
That's why our company has a legal document in english and russian for our russian clients. Basta hindi nya 1st language dapat fully aware both parties and lahat dapat naka black and white. Goodluck kay nas and sa niece ni whang od and lahat ng family members na fully compensated on this kung totoo nga yan.
Blame her niece. She shouldn't have let her thumb print that contract. If the niece had cold feet, she should have just hired a lawyer to nullify the contract rather than tweeting about it.
I have been waiting for someone who could explain the situation from a legal standpoint. We all know that we, filipinos, are emotionally driven creatures which in most cases cloud our judgment. Thank you, sir, for discussing the issue.
Watching this one..nice explanation.now i do subscribing. I know i can learn a lot from this channel regarding legal matters.since im working an office asst for intellectual property unit.also im a vlogger, and my niche is all about travel.exploring the beautiful and amazing places in the Philipines.again thank u Atty.to this video. I also made one video about this,my opinion between nas daily and apo whang od. No to cultural exploitation.
Accordingly, the thumb marking of Whang Od was not enough to make the contract valid. Nas Daily needs Cultural leader/s consent in the area to make the contract legal.
Thank you so much for giving us a very objective explanation. I kept on telling my friends, why are they making it political when the person who ask to have a binding contract with, has nothing to do with politics. I definitely agree that first and foremost we should look at the binding contract on how it was presented and how it was they agreed on it before looking on to other laws that it may have violated like the IPRA law. I believe that IPRA law may not be violated unless there is no binding contract to begin with. Good evening, Dean. Just a piece of my mind here. Thank you so much for your pieces of advice. I am now in my freshman year, 2nd semester in law school. :)
Haven't search much of our country laws pero based po sa pagkakaintindi ko.. madami pa need i-implement po sa mga cultural art laws something like that po, like what happened to AWO. Thank you po for explaining each aspect of the issue in legal terms. Mejoh nakakasad lang po na may mga loops talaga and seems disadvantage po sa ating National Artist lalo na parang manipulation po talaga ang naganap. Sana in the future may batas na mas mabigat sa lahat ng scenario o sitwasyon na kasama or katulad po nito. - Pacorrect nalang po ako if may mali po sa nasabi ko. No bash po sa iba. Have a good day 🙂
Hi dean. If whang ods camp said na ayaw na po nila ipatuloy dahil apo did not consent and actually misunderstood the contract pero wala pa pong court order saying that it is invalid, pwede pa rin po ba ipaenforce ne nas daily ang contract? thany you po
It's not a copyright issue, it's a heritage and pride that the tatooing method of this particular clan should and will only pass down to family members, a blood to be precise.
thank you Attorney for the insight. Cancel culture has put us more into shame than nas daily. we're more in the losing end on how bad a business partner we can be, does anyone realize that the amount nas gains from asia views is much lower compared to the us etc and yet the backlash we gave and the verdict that was passed on social media is really embarassing just my two cents✌️
Oks lang yun bro, freedom of expression lol. At di lang naman 'opinion' natin importante. As you said, mas maliit value/views ng nas daily sa asya (let alone phl), compared to US etc Hence 'minority' lang tayo sa mga videos at audience ni nas
Pls do not pre judge our nations outcry regarding nas daily. In fact the one who voiced against the "deal" was whang od's own grand niece. And we are not privy to the terms and conditions of said contract. But whang od's family is. The law requires them to have a copy of same. And we are not aware of any tribal laws which tribe butbut has, or if any.
Thanks sir Dean. Could this be the next video topic: to accelerate the full vaccination (coz' at 17M full vaccinations per year, this'll take 6 years to vaccinate the majority of the 108M Philippine population), could government ask all the big companies like SM, Ayala, All-Day groceries, Robinson's etc. as private companies, require citizens to have the full vaccination card to enter their premises (like the 'no mask, no faceshield, no entry' mall policy and would that be legal and moral? Thank you. Stay safe. God bless, Rev. 21:4
The mistake here was nat'l govt lang humawak. May mga LGU's na may sariling pondo at kakayahan para mag-procure ng vaccines. Mas bumilis sana proseso if pinayagan sila Buti nalang private sector in-allow para sa mga tauhan nila. Otherwise pati mga trabahante natin asa lahat sa makupad na nat'l govt
dean.... please... please make a reaction video on this one. its really important re claim of Nas Daily on the other issue Louise Mabulo. here is the video of MTV asia who came first week before Nas Daily
Magaling lng kumuda. Parang yung mga estudyante na pinabasa ng story tapos pag natanong kung ano naintindihan walang maisasagot. Ano pa aasahan mo eh puro bugso ng damdamin ang pinaiiral.
What happened with Nas happens in all low income economies. U and Ramon agree to work on a project and then all of a sudden, his entire joint family shows up asking for a pie 😜 When u refuse, u insulted local culture 😆😆 This is why I restrict my charity works etc to middle income countries only.
The thing is.. the art you are talking about is only Whang-Od can performed it well. It is stealing... Stealing an art of a national artist. Nasdaily said it is to preserve the art of whang-od so as to teach the next generation. Whang-od herself is teaching her niece to preserve it. And that art is an intellectual property that can be found in that tribe only. Correction, Nasdaily is not a Palestinian but an Israeli. Nowadays it is easy to tampered information when you have money. I know the accent of Palestine. I heard him talking arab but very far from Palestine. About the video ( My owned point of view) Nasdaily took the video as advantage without the concern of whang-od. He knows how to play people. Because in his mind even if there is a complainant they have the evidence. Where is the full video of conversation from Nasdaily and Whang-od when they are talking about the signing contract? Not even the video of the translator to whang-od is presented... nothing. Only the contract signing of whang-od is provided and that is invalid. How about the back story of that contract signing? Nasdaily thinking is advance but a lot of lapses. He might be looking us down because in his mind Philippines is poor so we don't stand a chance. He is very wrong from the start! Your view of point enlightened me somehow. I subscribe already so I'm looking forward to learn more from you Atty. Thanks and God bless😊
Is it possible po ba na may liability ung nagtranslate ng contract kay apo wang-od? since nagkaroon ng misunderstanding between the two parties po. Ito rin po siguro ung naging ugat ng buong issue n ito
If you see the contract signing video that Nas Daily release its a magazine thick contract so I have doubts that both Whang-Od and her representatives understood the whole contract itself. Ako nga makita ko lang Terms and Condition na pagkahaba-haba tinatamad na ako basahin kaya di ko na tinutuloy sila pa kaya na ganun kakapal na kontrata. I wonder may copy kaya sila ng contract mismo kasi dapat both parties may copy.
Di rin natin alam gano katagal na yung copy nung contract sa wang od's side. There is a presumption, though, that if you sign a contract you have read and fully understood the contents thereof. Such presumption is rebuttable by wang od side.
This is very informative atty. It also made some realizations to me. Just like what you said that for contracts it should be fully understood by the person signing it. But aren't most of the contracts here in the Philippines mostly written in english? Educated or not doesn't mean that a person would fully understand an English contract specially with the terms being used in the contract itself. Hopefully this issue will give positive changes in future so that everyone signing their contracts will not be taken advantage of. More power to your channel 😊
Very well explained.... I hope they understand it...coz to its right...its purely a misunderstanding and a none awareness of the Philippine Law about indigenous people... Its compromisable... if taken by the authorized person to resolved it. The problem is presscon agad, pinagpistahan tapos danming nakisawsaw, lahat expert na....at judge...😁
TBH, I think ignorance to culture and tradition is what happened here... and improper or incorrect relay of the context of the contract to Apo Whang-od.
Sa akin lang po, meron pong representation si Apo Od to protect her interest and the tribe. Sila po ang may responsibility para alamin ang batas nang kanilang cultura, hindi si Nas. Katulad nang sinabi ni atty Dean, ung pamangkin na na nag translate at nag approve nang signing ay kailangang I kwestyon.
I'm not blaming anybody but my only question is IF Apo Whang-Od doesn't understand everything and you are her family member why not educate her in the first place so if she doesn't like it you can inform the other group. Why do you need to wait for the other group to post the content. just asking
what do you think did they study and have they understood and have they thought of taking advice from a more knowledgeable or educated person? they are victims. wagkang bugok. stupid
@@congkabsat9243 You look more stupid and bias with your statement. No final result on what really happen and you have conclusion already. Maybe you can see everything. Try to use your brain not your emotion
Attorney, the Whang Od issue is not about intellectual property infringement but about the Kalinga people's right to their culture. Section 34 of RA 8371 states that Indigenous People are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights. Whang OD's knowledge as well as the design she uses was passed down to her by her ancestors, therefore, it belongs to the community. She cannot share this knowledge without free and prior consent from the community. Kung nakadevelop siya ng bagong technique at may sarili siyang design, okay lang siguro, walang issue.
For me, legal ang nangyaring pirmahan o thumb mark. Siguro naman, Di naman basta2 pipirma c Lola kung Di pinaliwanag s kanya ng maayos. Baka yung pamangkin ang Di nakaintindi s usapan.
@@TheDeanLawChannel nasa 1986 Constitution natin po yan sir, becoming an undesirable person yan. Isang sampal sa kultura natin na dapat iniingatan natin.
Per an international survey, noypi's are the most emotional.people in the world. More emotional than rational daw lol Kaya there are two sides to 'pinoy baiting' as well. We can easily be your 'best friend,' just as easily as your worst enemy. In just a split second lol
meron po bang batas or rules n nagsasabi n bawal ituro ni wang -od yung kaalaman nya sa mga forienger..tanung lng po kasi hnd q alam..and pano po kya nkapasok yung grupo ni nas daily sa lugar nila ng hnd nila alam .nagpaalam ba sila n ang pakay nila ay ganun,ipinaalam ba nila sa communidad ng tribu ni wang-od na ganun ang layunin nila.?ano po kya ang mga ginawa ng brgy o tribu nila nung bago silang dating sa lugar n yun.kasu sa lugar nmn pg my forigener inuusisa namin kung ano mga pinagagawa nila sa lugar namin.aware po kmi palagi kahit hnd kmi ang my trasaction sakanila.kasi pg my problema n apektadu n lhat ng brgy..kya bago pumasok usisain n ng ma control n kung anu man mga danger n darating.
Atty. Hinde po si wang od ang nag-iisang may yes or no sa pagtuturo ng kalinga tattoo,. Lalo na kung ituturo sa mga tagalabas, Dapat po itong pagtitibayin ng kapulungan ng mga elders ng kanilang tribu,. At protektado po yan ng ating batas.
Madali lang sa isang pinoy manghusgang manloloko ang banyaga. Pakitang tao lang ang pagmamalasakit sa kanyang kalahi. Salot ng lipunan ang ganitong klase ng kapwa.
@@inatupaz4971 truelalue sabi ng pinoy tayo ang pinakahospitable?😂 mas hospitable pa ang mga caucasians and respectable sa totoo lang ha im speaking generally
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I think if NAS daily was able to spend time and money for a binding contract, the least they could have done as an earnest show of respect was to get (yes, also spend on their behalf) a local lawyer who could explain the implications of the contract to them (fairly and knowledgeably). And then give them at least a day or two (TIME) to discuss and process (yes, out of genuine respect for the family and other stakeholders in the community) before getting the final consent. There seemed to be an element of pressure and duress to just place a thumb mark, and not decline, especially when being filmed in front of camera lenses. Did NAS even ask local authorities if this was culturally permissible?
It is easy to think they (Wang-Od) should have sought legal advice, but hey, NAS daily did not even give them any forewarning, for them to find time (or enough money) to seek legal advice, esp from all the way up in the mountains (access)! Moreover, I think many people in general, more so them, are not even very familiar or aware what "legal advice" entails, when it is needed, and where to get it (even around their area)... and of course, consider also the affordability of getting one.
Whether or not the document was completely legal, my sense is that it was definitely self-serving and without genuine care for the community they say they intended to help. Clearly.
(Btw, I am a surgeon who gets consent from patients all the time; and my wife is a lawyer, so i am being as objective as I can be, without losing the empathy for the subject, Wang-Od, and the stakeholders.)
@Anakin Skywalker wow... Di ko alam na may tribo si Hippocrates. Historian ka pala.....
ayayay nabash ka tuloy lolz wait na lang natin ang result ng investigation mga peepz nasobrahan lang kayo sa ecq wag n muna tau magjudge di naman tau court eh lolz baka mas marami bagay pa tayo dapat atupagin ✌️😂
@Anakin Skywalker ay oo Naman, nabubuo sa tatlong tribo ang Greek dati Kaso sa panahon ni Hippocrates Hindi na.... Citizen na Sila nun di na tribo.
IPs are national treasure of the PH. They are an IPs of the Philippine Republic.
@@arisasisa2343 hahahaha
Kalinga is pronounced Kaling-ga po.
Glad to hear about that issue from you, Sir,
a professional. There are other videos about that issue though most of them are just opinions.
Thanks for the correction A Z. I appreciate your comment
If Nas Daily was in the country on a tourist visa was he conducting business.? Isn't that illegal?
Well, it is allowed. If not, no foreign businessman can here for meetings (pre-covid).
hahaha hiya naman ako sa question ko
@@TheDeanLawChannel A foreign visitor (tourist visa) may: (a) Attend meetings or roundtable discussions
; (b) Visit a current project site or factory floor for informational purposes; (c) Attend conferences or seminars; (d) Make site visits to internal or client facilities/plants. Any other activities would qualify as "doing business" through soliciting service contract - Whang-od being a teacher in Nas Academy. Dean, I suggest you make another video to clear things out.
Matagal na pong nag allow magbenta sa mga foreigners nang mga Condominium for investment purposes diba?
@@heartpop22 You pointed out the law. That's great. But that will hardly be enforced. No need to clear things out. That is why we grant visa less entry to foreigners.
Legally binding contracts can result in winners and loosers. Ethical questions do arise. In this case who in their right mind would go in contract with a 104 year old person without considering health issues especially during covid times.
very good point Jerome. Thanks!
a
Hi Dean,
Thanks for sharing your views and some legal basis on intellectual property.
What's your take on this?
R.A. No. 8371 or the IPRA and its Implementing Rules and Regulations provides that free and prior informed consent (FPIC) is required when the knowledge of indigenous peoples is used for commercial purposes. This consent is secured from the members of the ancestral domain, in this case the members of the Butbut Tribe and not from just one individual or her family. This is especially true of the Whang-od Academy will reveal to outsiders about the indigenous community's rituals. The agreement between the parties should also be written in English and the local Kinalingga language and witnessed by the National Commission for Indigenous Peoples (NCIP).
sana ma-discuss ni dean about IPRA Law. if there is a violation made on this contract signing?
Consent does not have to be from the entire tribe. The law never states that. It can be from a representative or the individual who is affected by the said agreement.
Thats how there are unriped laws in PH where others use it for there advantage vs those unknowlegable ones.
I like your analysis and interpretation. Are you a lawyer?
I will look into that. Thanks for the suggestion.
The contract is valid because there is a meeting of the minds between two parties. This will become null and void only if the contract is translated inaccurately.
You nailed it Arnold. Thanks for the view
IP was protected by law. It is not that is as meeting of the minds. IPs can be easily to be pursuaded by greedy and abusive people that is why in the case of Apo Whang Od it is not the sole decision of her or her granddaughter instead the whole community SHALL be consulted as the methodology of tattooing composed of several minds living in butbot tribe. I think the contract is illegal.
But the contract did not satisfy the requirements of IPRA Law. And Law prevails over the contract, but my question is, will the contract only be nulled or voided until the courts decide?
@@bahemisadan3684 assuming that they violates the civil code esp the laws in obligations and contracts then yes the contract is invalid and void.
@@bahemisadan3684
Baka fait accompli na, tinanggal na ni nas yung video eh. Unless magkaroon uli ng agreement (yung 'proper' na, pursuant to relevant laws) at ibalik ang video na yun
Wang Od is one of the Philippines National Artist. She should be protected at all costs.
I definitely concur!
We concur, but what's wrong with sharing her talents?
@@brixquinonez you don't understand... it is not just an ordinary talent it is a tradition that can only pass on within their family or their tribe and that should be respected. This is not like faking a Louis Vuitton print on a fake Bag my dear.
@@PAGTATAGera what? Hahaha. Where did you get your sources. Are they facts you just imagined them to be.
@@brixquinonez if you aren't filipino and you don't even speak my language "Ukinnam agtalna ka langnen" one of our native language in the Mountain Province.😄
Finally a clear and concise view of the highly charged and emotional issue that has turned cloudy with all the different opinions bandied about.
Hi Rozanna, thank you very much for your comment. I really appreciate it
Dean would the IPRA law apply to these issue of Whang OD vs Nas Daily?
Yep, to me this is the bigger issue. Sana ma-tackle ni dean
This is Section of the IPRA Law (RA 8371). ICCs/IPs are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights. So, that means Whang OD is free to teach what she learned.
@@TheDeanLawChannel is it one of requirement for contract to be valid is both party is of sound mind? 104yrs old, sure ba na naiintindihan ang makapal na contract? At kung ano ang contract?
@@kitchg5526 That's what we have to know
Thank you for this, Sir.
I read this article on Rappler about UP Anthropology Professor Castro's opinion about the issue:
“Whang-od is not just an individual artist but she is also a member of the Butbut Tribe of Kalinga. Her skill on the art of traditional tattooing is derived from the indigenous knowledge of generations of Kalinga ancestors. Thus, this indigenous knowledge is collectively owned (although it may be individually practiced) by the Butbut. Thus, the consent of the members of the Butbut is necessary if this knowledge is to be shared to outsiders. Getting the permission of one individual is not enough.”
Castro, on his second point, said that “Nas Daily does not know Philippine law, more particularly Republic Act No. 8371 or the Indigenous Peoples Rights Act (IPRA) and its Implementing Rules and Regulations.”
“Free and prior informed consent (FPIC) is required when the knowledge of indigenous peoples is used for commercial purposes. This consent is secured from the members of the ancestral domain, in this case the members of the Butbut Tribe and not from just one individual or her family. This is especially true of [what] the Whang-od Academy will reveal to outsiders about the indigenous community's rituals. The agreement between the parties should also be written in English and the local Kinalingga language and witnessed by the National Commission for Indigenous Peoples (NCIP).”
Free and prior informed consent, is also defined in Republic Act No. 8371, which “shall mean the consensus of all members of the ICCs/IPs (Indigenous Cultural Communities/Indigenous Peoples) to be determined by their respective customary laws and practices, free from any external manipulation, interference, and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community.”
It seems like the contract was only between Whang-Od and Nas Daily. Still, the law requires the community's permission to commercialize indigenous practices, like pag-babatok. If that's the case po, would the contract still be valid?
Well said.
Very well researched. Know that my reply is for the protection of Whang Od on the assumption of the contract. Under Sec. 32 of the law you mentioned, Whang Od has the right to practice her cultural tradition. And when I read the law, there is no prior approval needed. If there is such a provision, please point it out to me. Thanks
This is way better reaction than other lawyer here on yt not to mention. Smooth delivery, no biases, and no bs 👌
Thanks so much AngUno. I really appreciate it.
Well said Sir! Thanks for this. Keep safe and God bless.
Thanks, you too!
All I want to know is what is your website for your law services?
Hey Jam Man, I don't have website. But if you need, you can email me at the address list in the about section of my RUclips channel page.
@@TheDeanLawChannel I will check.
Wang od's participation in this activity has been announced days prior. If there is any violation of any rights, the relatives could have prevented the showing of her video even before it is shown.
You gave an excellent point Aurea. Thanks for the view and comment.
As far as i know if there is a contract both parties have atleast a copy of it am i right?
Yes, Ivy, each side should have a copy
I hate that some people hates Nas and saying wrong things about him even though they don't know him but the situation isn't even explained so saying false accusations will mislead some people
Yes, Ichigo, people are very quick to judge without knowing all sides.
As a first time viewer of your channel, I wasn't expecting the last message about your dog eating your student's exam. HAHA. Great video!
Thanks for watching! I appreciate it Aldrich
Don't get fooled by advertising tricks - ruclips.net/video/9r6TGliSPCQ/видео.html
I just subscribed. This is a light to the issue and helps a lot. Worthy to be heard.
Thank you so much Gelladula. I wish you good fortune
Dean, WHAT IF
1. Whang-od did not understand the contract or the translator did not explain it well, is the contract binding?
Here in the province I witness several elders who signed what their child/children told them to sign without them telling the "REAL" content and it was not done in front of a notary public (carried to the home document then was notarized). I know from movies that once you signed a contract whether you understood or not you are binded to the document's content, is that a fact or legally possible to dispute? Thank you sir!
The problem is that is just pure speculation. No one truly knows if fhat is actually what happened
Great point!
If Whang-Od didn't understand, that will be her allegation if she wants to rescind the contract
I like this video Atty. I don't know much about the legal parts, but I appreciate that our culture is being spread and shared and merong "FOREIGNER" who kahit sabihin na natin will earn from it ay nagtake ng risk and chance to dessiminate,share,spread the information. Do we have an academy for her in the Philippines?Aside from giving her awards dba to save a certain culture it should be taught if maari nga worldwide. That's how you preserve a culture.Meron pa issue about dun sa COCO farm, na mahirap daw ang pinoy!? Truth hurts talaga.
Hello Motivacion. I agree with you that there should be an academy for Whang OD here.
I disagree with having an academy, it may be beneficial to many who appreciates the tribes artistry .But it would eventually be part of the mainstream.
It is the The Butbut's tribe tattoo artistry that have been passed down Tru generations,that is inked on someone's skin.For me that is more than enough to show appreciation.
Even though we are Filipinos we are not part of their tribe,we are still an outsider .All the more reason for a Foreigner to push through with culture preservation.
But in the event that the tribe would decide to break the tradition , although it saddens me I would support them.
It's like yoga...an age old tradition from India, that foreigners appropriated and profitted from. Do we know it came from India, yes....do these people give back any kind of royalty, no
Nas Daily wasnt the first or only foreigneŕ who features about APO WANG OD . Apo WANG ODs skills s already recognized internationally. And i disagree about it being shared. It is their tribes Pride so I dont see any reasons for it needs to be taught worldwide.
no you dont have any academy, no filipino ever care enough to make one, it wasnt until a foreigner made one for whang that all the filipinos got butt hurt. Pretty typical crab mentality tbh. You wait withing the next year you will see a filipino open a course for whang lmao. Such a racist country.
Last 2020, the Kalinga Indigenous Cultural Communities (ICCs) through their respective Elders/Leaders made an announcement to the world that the Kalinga tattoo, apart from a cultural manifestation of their identity, is a collective property of the Kalinga ICCs.
Ownership of such cultural manifestions is lodged to the community and to its race, and not to a single individual. Thus, prudence dictates securing prior consent from the community as recognition of their collective ownership before any appropriation can be made. Lest we reduce the sanctity of the Kalinga culture and identity into a mere brand.
Nas did not do his research. As always, he relies on wikipedia same as those issues/backlash he faced before. A fucking hypocrite!
Or he'd watched it from the mainstream media in which they are very manipulative than before and IMHO, I don't believe that the mambabatok which is the tattoo art of the Butbot community that Whang-Od live is not dying or near to an extinction. Maybe there are other Butbot communities and probably some of her relatives are still practicing to this kind of art tattoo as part of their cultural practices in which the mainstream media had failed to report that and they'd became biased to the public like Nas Daily. In other words nauto si Nas sa mga report ng mainstream media sa pagbibigay ng balita tungkol kay Whang-Od and no wonder this is the REAL reason made on this kind of fiasco! It's all of the mainstream media fault!!! 🤬
@@wazzup233 But dude, a little research will not hurt. Big lapse from Nas. If only he admitted that they fell short in conducting research and then immediately apologized, it would have been a different story.
Ms. Heart, I respect your point. And you have a good analysis there. But there is no law that supports collective ownership by declaration. While I do believe that the Kalinga tattoo art is cultural, denying revenue to Whang OD is harsh.
@@TheDeanLawChannel With all due respect, there is no law that prohibits the Kalinga Indigenous Cultural Communities (ICCs) to manifest their cultural identity and announce that the Kalinga Tattoo is a collective property of the Kalinga ICC; such ownership and sense of affinity/belongingness to their culture/tradition belongs to them. It is them alone who has the utmost right and knowledge to preserve their own culture and tradition. The outsiders like you and me should support and protect them from people who want exploit them. In the case of Nas, it is only right and proper to seek approval from the community rather than seeking consent from one person (Apo Wang-od, who doesn't know Tagalog and English), otherwise who will do the policing? With respect to the revenue, Nas is an ass.
Why not tell that to wang od's relatives surrounding her during the contract signing. Do you expect a foreigner to know the tribal declaration you are talking about. Even i, who is just around manila don't know about it. It is unfair for you to expect Nas to know all the rules and declarations of the IP's. If at all, your accusation of profiteering goes to the relatives of wang od who agreed to nas' team. (i just remembered, nas wasn't even there during the signing. Hahaha)
Sorry sir but I'm a bit disappointed with your answer. You explained things about contracts and agreement but failed to mention the most important element of this issue - the necessary involvement of the institution that protects our indigenous community. The contract is null and void from the beginning because it didn't meet the prerequisites to make the agreement binding.
Nice point. But there is a constitutional provision that no law shall impair a contract. It cannot be null and void (you should understand the concept first). Under Sec. 32 of RA 8371, Whang OD has a right to practice and revitalize their own cultural traditions and customs. Secondly, under Section 55, Whang OD right to teach a shall not be construed as co-ownership as provided in Republic Act No. 386, otherwise known as the New Civil Code. Sorry Rod, I am also disappointed with your answer
does 750php is not enough to pay for this rare cultural art.. some of their classes range from 5k-25k.. this is actually belittling our cultural heritage ..
I think it all depends on how long is the tutorial. Some courses, those expensive ones, could contain more than a dozen videos. For whang Od, it was only 1 video.
Im not sure why people keep saying they are belitteling our cultural heritage where the fact is that they want to share it all over the world through a course.
Possible po kase si Whang-od ang nag price para affordable sa kapwa nya filipino
eh kung para naman daw matuto ang lahat to save d heritage eh di mukha ka namang pera ngaun lolz😅
@@markreyes1866 exactly.... Isip isip din madlang people Kung totoong mukhang pera si nas tataasan nya yan 3k+, pero affordable naman for the sake of learning...
@@christianmusnit6962 hehehe kaya nga laging me two sides ang coin dun lang ako sa gitna para di mabash ahahaha
Hello dean, how bout Ms. louise who wanted to make Nas as a persona non-grata and even coordinating with CHD? How does a person became persona non-grata? Thanks in advance. God bless you dean.
Good question! Its basically a resolution filed in the local council, if I am not mistaken
No idea on why this Louise wanted to insinuate herself in a matter that does not concern her at all. Sour grapes, perhaps?
@@rozannalichnock1784 Maybe
I agree with your objective analysis from a legal and clear issue framing approach, as opposed to emotive claims spreading all over social media. Fudamental issue here revolves around WO's "mental capacity" to comprehend and understand the contractual obligations. "Cultural exploitation or misappropriation" remarks are highly subjective, opinionated and open to divisive interpretations with multifaceted perspectives, pros and against. Ultimately, hearing and assessing from the horse's mouth offers most objective insights into the true context.
EW Murphy, thank you very much for your comment, I really appreciate it
Politics destroys friendship, but we have to follow the law.
Yes, and not just frienships.
Thanks.
Started to subscribe on your Channel already. It's educational. More power to you, bro!
Maraming salamat classmate. More power to you
Okay Sir, what will happen now?
Granted that, the contract is valid but what about the RA 8371?
Apo Wang-od is already exploited anyway by those "some foreign vloggers" but how about this one sir?
Is it really allowed for Nas Daily to do "business" out of it?
Hi Neth, All we know now is that almost all Pinoy led contend in Nas Academy are backing out because of the issue. RA 8371 is there to protect in the event of a contract dispute. If Whang-Od was exploited, then someone should represent her to nullify the contract.
I belong to IP group of CAR and unfortunately I am ignorant of this RA 8371😅.
But then , this issue gave me a bit of knowledge now😀.
Shall I say... both parties are in trouble? Or?
Abangan bukas ✌️
Thank you sir for the free legal consultation
@@nethb.511 Thanks for telling me that. I appreciate it.
MY question is...why did the complaint only come out after the tutorial video was published online? Why was the video NOT stopped during it's filming? Sorry to say this BUT the grand niece sounds fishy to me.
It's all about the money money money!!
True. One sided yung iba. Puro kay Nas ang sisi
The only person to complain is Whang Od. None yet as of posting of the video and this reply to your comment.
Very informative and your spill for subscription was witty. Thank you. I already smashed the subscription so the dog won't need to eat the exam booklet :)
I appreciate it very much Dianne. I wish you good fortune
Ur correct atty.! If his intention was really authenic he could have hired a lawyer or hired a lawyer for both parties as he can afford to do so. The neice and Nas would have translated the document in their language in writing and not making her sign or put her thumbmark in an english language document.
I appreciate your observation Rachel. Thanks for the view.
Nung una ko itong narinig ang sakin ay dapat hindi nakikipagusap sa senior sa mga kontrata or mga important matters, dapat kausapin ang kaanak na guardian nya, kasi senior na sya. (Sa online article na nabasa ko, si Whang Od daw mismo ang um-oo). They cannot comprehend fully tulad nung bata bata pa sila. My mom is a senior, 79, pero hindi halata at saka maliksi, pero nakakalimut na sya at saka umo-oo na lang sya kung minsan kahit hindi nya naiintindihan, madali na syang malito, lalo na kapag machika ang kausap. Whang Od is about 100yrs old (tama ba?), all the more na kelangan kino-consult ang nagaalaga sa kanya kung naiintindihan nya yong mga bagay bagay.
Great points Anarina. Thanks for the comments and the view
@avielexa Mae--- true! Yun tipo bang nakukulitan na. Yun bang nakaka-inis na kaya napilitang pumirma.
#
Kung minsan sa pagiging mahiyain, pumirma na lang si Lola WO sa kontrata para matapos na ang usapin.
@avielexa Mae I agree. We cannot let anyone abuse or exploit anyone else
Agree po dapat po may legal guardian na po talaga to look out for the welfare of seniors.kasi nangyari na po sa family ko po uncle ko pinangako an na magmana ng lupa pero Yung pinsan nya nag hocus pocus binenta Yung lupang ipapamana Sana sa kanya . Yung ending Yung pinsan Ang nakinabang sa mana ng Lola nila .😢
@@junoluna3961 :(
Can anyone from the tribe the Niece or Granddaughter show us their copy of the contract? and also as said if we let the niece translate the contract herself and see if she really understood the terms
Hi Marvin, that would answer almost everyone's question.
Hello, Dean. Waiting for your content on Jamill's case regarding their income subject of taxation as per BIR. Waiting for your thorough explanation on this matter. More power, Dean.
Doing some research for the video. Thanks for the suggestion!
@@TheDeanLawChannel wow thank you, Dean. I'm a fan po. More power. :)
Thanks for your explanation about the Nas Daily issue about Whang od. I'm enlightened.
Glad it was helpful! Thanks for the view and comment
That's why our company has a legal document in english and russian for our russian clients.
Basta hindi nya 1st language dapat fully aware both parties and lahat dapat naka black and white.
Goodluck kay nas and sa niece ni whang od and lahat ng family members na fully compensated on this kung totoo nga yan.
I see. I like your points Jachinoy
I see the image in you of my labor law professor when i was in college
I hope he was nice back then...
Blame her niece. She shouldn't have let her thumb print that contract. If the niece had cold feet, she should have just hired a lawyer to nullify the contract rather than tweeting about it.
Good point Biiktor.
Hello po sana minsan magvideo din po kayo ng basic law of the Philippines we should know.
Thanks for the suggestion!
I have been waiting for someone who could explain the situation from a legal standpoint. We all know that we, filipinos, are emotionally driven creatures which in most cases cloud our judgment. Thank you, sir, for discussing the issue.
I appreciate your comment, pepe jose. Thanks for the view
I could on speculate. Probably the contract was proprietary that's why they entered a contract even though Wang od is really old.
Good point Jay
Watching this one..nice explanation.now i do subscribing. I know i can learn a lot from this channel regarding legal matters.since im working an office asst for intellectual property unit.also im a vlogger, and my niche is all about travel.exploring the beautiful and amazing places in the Philipines.again thank u Atty.to this video. I also made one video about this,my opinion between nas daily and apo whang od. No to cultural exploitation.
Thanks and welcome. I wish you good fortune
Accordingly, the thumb marking of Whang Od was not enough to make the contract valid. Nas Daily needs Cultural leader/s consent in the area to make the contract legal.
Great point Ali Sastre
Thank you for your insights, The Dean. I hope you invest on good mic para ma-improve yung audio of your voice.
Thanks Kenneth. I will.
Thank you so much for giving us a very objective explanation. I kept on telling my friends, why are they making it political when the person who ask to have a binding contract with, has nothing to do with politics. I definitely agree that first and foremost we should look at the binding contract on how it was presented and how it was they agreed on it before looking on to other laws that it may have violated like the IPRA law. I believe that IPRA law may not be violated unless there is no binding contract to begin with.
Good evening, Dean. Just a piece of my mind here. Thank you so much for your pieces of advice. I am now in my freshman year, 2nd semester in law school. :)
Ms. Mallari, excellent observation. Law school has taught you well. I wish you good fortune in your law studies.
@@TheDeanLawChannel Thank you so much, Dean. Of course, I've learned a lot from you. :)
Haven't search much of our country laws pero based po sa pagkakaintindi ko.. madami pa need i-implement po sa mga cultural art laws something like that po, like what happened to AWO. Thank you po for explaining each aspect of the issue in legal terms. Mejoh nakakasad lang po na may mga loops talaga and seems disadvantage po sa ating National Artist lalo na parang manipulation po talaga ang naganap. Sana in the future may batas na mas mabigat sa lahat ng scenario o sitwasyon na kasama or katulad po nito.
- Pacorrect nalang po ako if may mali po sa nasabi ko. No bash po sa iba.
Have a good day 🙂
Great point Fatima. Lets make sure we elect our leaders who will protect our culture
LEARNING MORE FROM YOU LAWYER
I appreciate it much Kiki.
Hi dean. If whang ods camp said na ayaw na po nila ipatuloy dahil apo did not consent and actually misunderstood the contract pero wala pa pong court order saying that it is invalid, pwede pa rin po ba ipaenforce ne nas daily ang contract? thany you po
Assuming the contract was valid and Whang OD discontinued the classes, Nas would have to file suit in the Philippines.
It's not a copyright issue, it's a heritage and pride that the tatooing method of this particular clan should and will only pass down to family members, a blood to be precise.
Oo nga. If a contract violates a law, it is not valid and not enforceable. At very clear na it violates RA 8371.
Thanks for your observation. But my angle is on the copyright issue which is not affected by the RA8371
thank you for educating us sir. more power to you, God bless
Thank you so much Lovenote!
thank you Attorney for the insight. Cancel culture has put us more into shame than nas daily. we're more in the losing end on how bad a business partner we can be, does anyone realize that the amount nas gains from asia views is much lower compared to the us etc and yet the backlash we gave and the verdict that was passed on social media is really embarassing just my two cents✌️
Oks lang yun bro, freedom of expression lol. At di lang naman 'opinion' natin importante. As you said, mas maliit value/views ng nas daily sa asya (let alone phl), compared to US etc
Hence 'minority' lang tayo sa mga videos at audience ni nas
Pls do not pre judge our nations outcry regarding nas daily. In fact the one who voiced against the "deal" was whang od's own grand niece. And we are not privy to the terms and conditions of said contract. But whang od's family is. The law requires them to have a copy of same. And we are not aware of any tribal laws which tribe butbut has, or if any.
kala kase ng ilang Pinoy sa kanila lang umiikot ang mundo... Nakakahiya
Culture, Tradition, History! Ang punaguusapan dito boy. Di mabibili ung for 750 pesos.
@@christianmusnit6962
No need to be bothered by them, di ren naman sa kanila umiikot mundo natin lol
Dean, Can this be a ground for Persona Non grata case for Nas Daily?
There is no "case" for a Persona Non grata. It's mainly a political stance.
Thanks sir Dean.
Could this be the next video topic: to accelerate the full vaccination (coz' at 17M full vaccinations per year, this'll take 6 years to vaccinate the majority of the 108M Philippine population), could government ask all the big companies like SM, Ayala, All-Day groceries, Robinson's etc. as private companies, require citizens to have the full vaccination card to enter their premises (like the 'no mask, no faceshield, no entry' mall policy and would that be legal and moral?
Thank you. Stay safe.
God bless, Rev. 21:4
Hi Seven. Vaccination is a personal choice. I am fully vaccinated. I will try to research on your suggestion.
The mistake here was nat'l govt lang humawak. May mga LGU's na may sariling pondo at kakayahan para mag-procure ng vaccines. Mas bumilis sana proseso if pinayagan sila
Buti nalang private sector in-allow para sa mga tauhan nila. Otherwise pati mga trabahante natin asa lahat sa makupad na nat'l govt
if a handshake is as sufficient as a signature, then does it mean po na di na po pwede umatras or magbago isip nung taong nakipag-handshake?
A handshake represents consent to the agreement. But for this, its intellectual property. There has to be a written agreement.
@@TheDeanLawChannel in what aspects or situations po applicable yung "handshake is as sufficient as signature"?
dean.... please... please make a reaction video on this one. its really important re claim of Nas Daily on the other issue Louise Mabulo. here is the video of MTV asia who came first week before Nas Daily
I will look into that. Thanks for the suggestion
new to the channel well said attorney
Thanks for the view and comment QueWens TV
Lagi naman emotional ang mga pinoy. Hindi muna mag critical thinking. Literacy rate nga is 91.6% pero reading comprehension rate is 0%. (Exaggeration)
Sinabi mo pa
pasok julia barretto hahaha
Magaling lng kumuda. Parang yung mga estudyante na pinabasa ng story tapos pag natanong kung ano naintindihan walang maisasagot. Ano pa aasahan mo eh puro bugso ng damdamin ang pinaiiral.
There you go.... Lets start by making ourselves better.
Deep down, I want that student to repeat their final exam again.
Just give me the go signal....
What happened with Nas happens in all low income economies. U and Ramon agree to work on a project and then all of a sudden, his entire joint family shows up asking for a pie 😜
When u refuse, u insulted local culture 😆😆
This is why I restrict my charity works etc to middle income countries only.
Great point. Thanks for the view xxxdieselyyy2
My fave dean here in yt!❤️
Wow, thanks!
The last part was really weird and hilarious 🤣🤣
I try... Thanks L C
Thank you for explaining this
My pleasure! I wish you good fortune Roy
The thing is.. the art you are talking about is only Whang-Od can performed it well. It is stealing... Stealing an art of a national artist. Nasdaily said it is to preserve the art of whang-od so as to teach the next generation. Whang-od herself is teaching her niece to preserve it. And that art is an intellectual property that can be found in that tribe only.
Correction, Nasdaily is not a Palestinian but an Israeli. Nowadays it is easy to tampered information when you have money.
I know the accent of Palestine. I heard him talking arab but very far from Palestine.
About the video ( My owned point of view)
Nasdaily took the video as advantage without the concern of whang-od. He knows how to play people. Because in his mind even if there is a complainant they have the evidence. Where is the full video of conversation from Nasdaily and Whang-od when they are talking about the signing contract? Not even the video of the translator to whang-od is presented... nothing.
Only the contract signing of whang-od is provided and that is invalid. How about the back story of that contract signing?
Nasdaily thinking is advance but a lot of lapses. He might be looking us down because in his mind Philippines is poor so we don't stand a chance. He is very wrong from the start!
Your view of point enlightened me somehow. I subscribe already so I'm looking forward to learn more from you Atty. Thanks and God bless😊
Thanks your comment. I appreciate it.
Is it possible po ba na may liability ung nagtranslate ng contract kay apo wang-od? since nagkaroon ng misunderstanding between the two parties po. Ito rin po siguro ung naging ugat ng buong issue n ito
It is possible. But that is hard to prove in this case because it was allegedly a niece.
If you see the contract signing video that Nas Daily release its a magazine thick contract so I have doubts that both Whang-Od and her representatives understood the whole contract itself. Ako nga makita ko lang Terms and Condition na pagkahaba-haba tinatamad na ako basahin kaya di ko na tinutuloy sila pa kaya na ganun kakapal na kontrata. I wonder may copy kaya sila ng contract mismo kasi dapat both parties may copy.
It's up to Whang Od to invalidate the contract.
Di rin natin alam gano katagal na yung copy nung contract sa wang od's side. There is a presumption, though, that if you sign a contract you have read and fully understood the contents thereof. Such presumption is rebuttable by wang od side.
What if thete's deception into the signing of the contract which even a relative was used to prove it to look as legitimate and binding.
Then Whang Od can invalidate the contract
@@TheDeanLawChannel poor Whang Od, l just pray she finds a good soul that could help her put things in order without vested interest.
@@danilojacinto6119 She should be protected
Too soon to conclude that ND is scammer
Pwedeng in bad faith ang interpreter/s ni Lola WO kaya napa-pirma sya sa kontrata
This is very informative atty. It also made some realizations to me. Just like what you said that for contracts it should be fully understood by the person signing it. But aren't most of the contracts here in the Philippines mostly written in english? Educated or not doesn't mean that a person would fully understand an English contract specially with the terms being used in the contract itself. Hopefully this issue will give positive changes in future so that everyone signing their contracts will not be taken advantage of. More power to your channel 😊
I appreciate your comments no name. Thanks for the view
Very well explained.... I hope they understand it...coz to its right...its purely a misunderstanding and a none awareness of the Philippine Law about indigenous people... Its compromisable... if taken by the authorized person to resolved it. The problem is presscon agad, pinagpistahan tapos danming nakisawsaw, lahat expert na....at judge...😁
Eric, you nailed it! Thanks for your view and comment. I appreciate it.
Thanks Sir.
Most welcome
Go pinoy wag papa daya SA MGA dayuhan
KUNG SINO MAKAKABASA NITO MAGIGING SUCCESSFUL KA SOMEDAY 👇❤️ INGAT AND GODBLESS PO
Maraming Salamat Domspayat. I wish you good fortune na rin
Wang-od’s party should’ve sought legal advise.
Si Nas dapat bro, kase sya yung may pakay kay wang-od, para maayos ang transaction
Good point as well
That would have been the right course of action.
Sir, I'd suggest an overhead shotgun microphone for better and much more cleaner audio. More power to you sir. 😃
Thanks I have a better mic now
Akala ko mahina phone ko kanina pa adjust 😅
let the student repeat the exam, he really needs to retake 😂
Got it. will do
Hello Rod Vera magkasama tayo sa Family Encounter with BLD?
Hi David. I was in FE 15 with BLD. How about you?
@@TheDeanLawChannel magkasama nga tayo Dari Ferro name ko your brother went to my dad's wake.
@@HappyRichTV Of course!!! I remember you.
@@TheDeanLawChannel SA RUclips pa Tayo nagkita hahahaha.
Dean Present to your Class...
Thanks always Lagim!
What is the involvement of the community?
As of the posting of the video, I believe none
How they dared exploited our own whang od
Maybe. It looks like it though
Hope that you sided in our own Whang Od. Not to this Nas Daily. He was banned in several Asian countries before our land ( the Philippines )
I see. I am for the protection of all Filipinos. I believe that the translation could be have flawed.
As lawyers we have the duty to fulfill what is written in our laws po. We cannot be compelled by pure emotions.
TBH, I think ignorance to culture and tradition is what happened here... and improper or incorrect relay of the context of the contract to Apo Whang-od.
Great point Ellie. Thank for your view and comment. I appreciate it
Sa akin lang po, meron pong representation si Apo Od to protect her interest and the tribe. Sila po ang may responsibility para alamin ang batas nang kanilang cultura, hindi si Nas.
Katulad nang sinabi ni atty Dean, ung pamangkin na na nag translate at nag approve nang signing ay kailangang I kwestyon.
Good job po sir..
Mabuhay po kayo..
Maraming salamat JAL.
I'm not blaming anybody but my only question is IF Apo Whang-Od doesn't understand everything and you are her family member why not educate her in the first place so if she doesn't like it you can inform the other group. Why do you need to wait for the other group to post the content. just asking
what do you think did they study and have they understood and have they thought of taking advice from a more knowledgeable or educated person? they are victims. wagkang bugok. stupid
para namang si nas lang ang nagiisang foreigner na nagcover kay whang od andame na kaya foreigners lolz kaya fishy eh amoy amoy lang tau🤑🤑🤑
@@congkabsat9243 You look more stupid and bias with your statement. No final result on what really happen and you have conclusion already. Maybe you can see everything. Try to use your brain not your emotion
Ok, lets leave it that and just wait for more developments.
good observation Mark. I appreciate your view and comment
Attorney, the Whang Od issue is not about intellectual property infringement but about the Kalinga people's right to their culture. Section 34 of RA 8371 states that Indigenous People are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights. Whang OD's knowledge as well as the design she uses was passed down to her by her ancestors, therefore, it belongs to the community. She cannot share this knowledge without free and prior consent from the community. Kung nakadevelop siya ng bagong technique at may sarili siyang design, okay lang siguro, walang issue.
I respect your opinion the matter. We can agree to disagree. I appreciate that you took the time to view the video and comment.
I liked your video to save the student.
Thanks for the view Soe. The student passed
Dean, I appreciate your content especially as a Deaf person because it's always captioned. More power to you po 😊
I appreciate that! Thanks Domnique.
Lol, the ending part. Cute dog.
He is still hungry
For me, legal ang nangyaring pirmahan o thumb mark. Siguro naman, Di naman basta2 pipirma c Lola kung Di pinaliwanag s kanya ng maayos. Baka yung pamangkin ang Di nakaintindi s usapan.
By law, a thumbprint is just as good as a signature. It becomes an issue if there is dispute
Dapat nga PERSONA NON GRATA na si Nas Daily dahil sa ginawa niya sa ating kultura.
He should be blacklisted
That's is an option.
@@TheDeanLawChannel nasa 1986 Constitution natin po yan sir, becoming an undesirable person yan. Isang sampal sa kultura natin na dapat iniingatan natin.
Per an international survey, noypi's are the most emotional.people in the world. More emotional than rational daw lol
Kaya there are two sides to 'pinoy baiting' as well. We can easily be your 'best friend,' just as easily as your worst enemy. In just a split second lol
May option namn wag panoorin, may mga toxic nga content creator tinatangkilik nila. Ano kaya yon?
truelalue ala eklavu its a colonial mentality u know kaya we have someone to blame again nyahahaha
Great point. Our trait is a double edged keyboard.
@@christianmusnit6962
More emotional than rational nga daw lol, meaning di nag-iisip. Kaya ayun puro reklamo pero ginagawa pa ren naman lol
@@markreyes1866
Colonial mentality? Pls expound bro salamat
SOMETHING ISN’T RIGHT HERE..
You are right...
Fine. I'm subscribing because of that cute dog. Talk about undue pressure.
Thanks Vince. The student passed and my dog is still hungry.
@@TheDeanLawChannel Clever accomplice.
Thanks for sharing Dean.
My pleasure!!
meron po bang batas or rules n nagsasabi n bawal ituro ni wang -od yung kaalaman nya sa mga forienger..tanung lng po kasi hnd q alam..and pano po kya nkapasok yung grupo ni nas daily sa lugar nila ng hnd nila alam .nagpaalam ba sila n ang pakay nila ay ganun,ipinaalam ba nila sa communidad ng tribu ni
wang-od na ganun ang layunin nila.?ano po kya ang mga ginawa ng brgy o tribu nila nung bago silang dating sa lugar n yun.kasu sa lugar nmn pg my forigener inuusisa namin kung ano mga pinagagawa nila sa lugar namin.aware po kmi palagi kahit hnd kmi ang my trasaction sakanila.kasi pg my problema n apektadu n lhat ng brgy..kya bago pumasok usisain n ng ma control n kung anu man mga danger n darating.
Excellent questions Shie Shie. Lets hope we can answer them in the coming days when we know more developments.
Humihingi lang nang pera yang pamangkin na yan. As if we do not know how Filipino minds work. Bato bato sa langit, ang tamaan huwag magalit.
Maybe...
Kawawa naman yung uulit ng final exam 😂😂😂
Gutom pa yung aso ko
Atty. Hinde po si wang od ang nag-iisang may yes or no sa pagtuturo ng kalinga tattoo,. Lalo na kung ituturo sa mga tagalabas, Dapat po itong pagtitibayin ng kapulungan ng mga elders ng kanilang tribu,. At protektado po yan ng ating batas.
Yes and no. The cultural heritage must indeed be protected but to deny Whang OD income because she won't be allowed to teach is a bit too harsh
Thank you for clarifying, however masyado malalim usapan for us okay na yung layman's term na lang po. hehe.. joke only! Keep it up Atty. sir!
Maraming salamat Miggy and Jim. I really appreciate it.
I agree Saka atty. Baka Po pwede haluan mo rin Tagalog hindi ko maintindihan LAHAT hahahaha more power atty!
thank you boss naunawaan ko na sya.
Thanks daigonatics. I appreciate your view and comment
Polsci Student here 💚
Nice to see you here Ian.
Ang Pilipino, kung minsan, hindi maunawaan o maintindihan ang kapwa Pilipino, aasahan pa ba na maintindihan agad-agad ang hindi kalahi?
Magaling lang sa kapawa pilipino maghila pbaba pero pagdating sa ibang lahi. Pakitang tao. Kahit salot sa kapwa pilipino.
sabi nga sa akin 2types lng daw ang pinoy dilaw at dds wtf😅
Madali lang sa isang pinoy manghusgang manloloko ang banyaga. Pakitang tao lang ang pagmamalasakit sa kanyang kalahi. Salot ng lipunan ang ganitong klase ng kapwa.
@@inatupaz4971 truelalue sabi ng pinoy tayo ang pinakahospitable?😂 mas hospitable pa ang mga caucasians and respectable sa totoo lang ha im speaking generally
Great question.