CEBU, Philippines - Acting Cebu City Prosecutor Nelia Sistoso partially granted the Cebu City Anti-Indecency Board (CCAIB)’s motion for reconsideration on the earlier dismissal of the complaints filed against two tabloids.
Sistoso in her 19-page joint resolution found probable cause that the article “Kabit” published in Superbalita “depicts nothing but the sexual behavior and demeanor” of the characters.
“The undersigned believes that the article Kabit taken as a whole as it is published that day lacks serious literary, artistic, political, scientific or moral value. Hence, the undersigned believes that probable cause exists against herein respondents,” the joint resolution reads.
The respondents are editor-in-chief Michelle So, writer Fred Fuentes Monternel and Superbalita president and general manager Julius Neri, Jr.
Sistoso recommended the filing of the Information for violation of Article 201 of the Revised Penal Code as amended by Presidential Decree 969 before the Regional Trial Court and Information to be filed before the Municipal Trial Court for violation of City Ordinance No. 1408.
Meanwhile, Sistoso affirmed the decision of Prosecutor Ferdinand Collantes finding no probable cause in the articles “Mubo” from Superbalita and “Handumanan sa Pista” from Banat News.
With this, editor-in-chief- Juanito Jabat, writer Cindy Jones and President Miguel Belmonte were cleared from charges.
In the motion for reconsideration filed by the CCAIB, they argued that the mentioned publications were “indecent, obscene and served no other purpose but to satisfy the market for lust and pornography.”
The CCAIB added that the publication must be stopped considering its accessibility and availability to the public including minors.
“There are no redeeming values on the said publications and lacks serious literary, artistic, political or scientific value since the stories clearly shows that what they were doing is the ultimate sexual act,” CCAIB’s motion for reconsideration reads.
However, according to Superbalita, if you read the article as a whole, “Kabit” would show the problem in the society about the trafficking of women.
They added that these were “not intended to serve the market for lust and pornography” and pointed out that it in fact contains news and current events among others.
Respondents from Superbalita said the complaint filed against them is an attempt to restrict and restraint the constitutional right to freedom of expression while respondents from Banat News alleged that the complaint violates their constitutional freedom of speech and expression.(FREEMAN)