THE Cebu City Prosecutor’s Office yesterday reversed its earlier ruling and said Sun.Star SuperBalita should be charged in court for publishing an obscene article.
That was the prosecutor’s evaluation of one story titled “Kabit” in the Cebuano tabloid’s daily series “From Junquera with love” which ran last June 7, 2011.
The prosecutor found probable cause to indict the editor in chief Michelle So, Sun.Star president and general manager Julius Neri Jr. and the writer Fred Fuentes Monternel.
The three will be charged with 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.”
Another tabloid, Banat of the Freeman, is off the hook.
Assistant Provincial Prosecutor Nelia Sistoso, who resolved motions for reconsideration, sustained an earlier ruling dismissing the complaint filed by the Cebu City Anti-Indecency Board (CCAIB) against Banat for two articles in the series “Handumanan sa Pista” (Fiesta memories) which ran June 9 and 10, 2011
In its defense, SuperBalita respondents earlier argued that the fiction series “From Junquera with Love” has redeeming value.
“Kabit”, which is street slang for mistress or illicit lover, when read as a whole is socially relevant since trafficking of women from remote areas of the country is a serious problem of society, said the tabloid.
The prosecutor disagreed.
“The respondents write the same, using double entendre words: ‘Isda’ and ‘Banak.’ Yet by reading the entire article, the theme and meaning was clear. It described the sexual conduct between (male and female partners) Jos and Edith,” said the prosecutor. But the prosecutor found nothing wrong with another segment entitled “Mubo” or “short”.
The prosecutor said the issue of whether the column is obscene should be left to the discretion of the judge.
Sistoso is the second prosecutor to handle the obscenity complaints filed by CCAIB against both tabloids. The cases were dismissed last year by Assistant Provincial Prosecutor Ferdinand Collantes. He later inhibited himself when the CCAIB filed a motion for reconsideration.
Sistoso’s resolution no longer needs review by a superior since she acted in the role of Cebu City Prosecutor after she was assigned the case by Regional State Prosecutor Fernando Gubalane. ADOR VINCENT S. MAYOL