Fiscal dismisses obscenity cases vs SuperBalita, Banat
Two Cebuano-language tabloids were cleared yesterday of accusations that two of their columns were obscene.
The criminal complaints filed by the Cebu City Anti-Indecency Board (CCAIB) were dismissed for “insufficiency of evidence.”
The column “From Junquera with love” published by Sun.Star SuperBalita and “Wildflower” published by Banat News were “not pornographic, indecent, or obscene,” said Assistant Provincial Prosecutor Ferdinand Collantes in his resolution.
While the use of some words “may be playful, witty, mischievous and may contain sexual undertones,” they were not obscene per se, he said.
He said the columns “taken as whole are serious literary work with redeeming social values. Clearly, it is not pornographic material.”
The prosecutor said it was important to “practice great prudence to safeguard the freedom of speech, expression and the press.”
The complaints were filed in August for violation of Cebu City Ordinance 1408 or the Anti-Indecency Ordinance, and Article 201 or the Revised Penal Code of the Philippines, which prohibits “obscene publications and exhibitions, and indecent shows.”
Dr. Lucelle Mercado, CCAIB chairman, sought for comment yesterday, said she was caught by surprise by the ruling.
“I don’t think an ordinary person won’t consider these columns obscene. I was shocked. I really thought the prosecutor will elevate the cases to court. The columns are obviously indecent,” Mercado said.
She said they may challenge the ruling by filing a petition for review with the Department of Justice (DOJ).
“I will discuss it with the board. Let’s see what we can do,” she said.
The CCAIB is under the Office of the Cebu City Mayor although Mayor Michael Rama has kept off the decision to run after the two mass-circulation tabloids.
Mercado said the ruling of the prosecutor “reflects the kind of morality the society now has.”
“We will take this as a challenge. This (ruling) won’t discourage us. It drives us to be more vigilant. As they (tabloids) keep on doing it, we will also keep on filing cases against them,” Mercado told CDN.
The prosecutor dismissed the complaint filed against Sun.Star SuperBalita editor in chief Michelle So, Sun.Star president and general manager Julius Neri Jr. and writer Fred Fuentes Monternel of the daily column “From Junquera with Love.”
Also named respondents were Banat News publisher Juanito Jabat, Philippine Star president Miguel Belmonte and writer Cindy Jones of the column “Wildflower.”
The Cebu City Prosecutors’ Office withdrew from handling the case after SuperBalita sought its inhibition because Cebu City Prosecutor Nicolas Sellon is a member of CCAIB and may not be neutral.
The case was later assigned by Regional State Prosecutor Fernando Gubalane to Collantes. /by Ador Vincent Mayol, Reporter
