In a press briefing yesterday, Bonifacio Alentajan, Distileria Limtuacos lawyer, said the AdBoard and its executive director, Oscar Valenzuela, "usurped and continue to usurp functions of the Department of Trade and Industry, the Movie and Television Review and Classification Board and the National Telecommunications Commission" when it ordered the pullout of the said advertising materials.
"The AdBoard has no legislative powers. It is a private corporation," Alentajan said.
He said the suit filed against AdBoard and Valenzuela before the Makati City Regional Trial Court aims to collect P5 million in damages and to secure a restraining order against the board to prevent it from continuing with its actions.
According to Alentajan, by ordering the arbitrary pullout of the brandy ads, the AdBoard did not give Distileria Limtuaco and its marketing arm, Convoy Marketing Corp. due process.
Reached for his comment, Valenzuela said AdBoard is still consulting with its lawyers regarding the legal action taken by Distileria Limtuaco.
"They should have observed due process. Without due process, all of these are null and void," Alentajan said.
In filing the suit, Distileria Limtuaco, through their legal counsel, also called for the revocation of the AdBoard’s certificate of registration and its dissolution as a corporation by the Securities and Exchange Commission.
Alentajan also brushed aside allegations that advertising materials of Napoleon’s 15-year-old brandy, especially posters and billboards, are indecent and malicious.
"The material speaks for itself. There is no reference to the exploitation of a 15-year-old. It seems that Lisa has poor eyesight. She could have mistaken the bottle (in the posters and billboards) as a person, said Alentajan, referring to Gabriela chair Lisa Maza.
Alentajan added that Distileria Limtuaco also plans to file charges of graft against Maza before the Ombudsman for causing undue alarm.
Masa, however, had resigned as the representative of the Bayan Muna party list.
At the same time, Alentajan warned members of Gabriela against pushing through with their plan to tear down billboards themselves.
"They just try it and that would be the end of the rule of law. What they intend to do is a violation of human rights. Doing business is a human right. They are violating the human rights of the manufacturers and distributors of this product," he said.
Alentajan also accused members and leaders of Gabriela of being advocates of mob rule.
"There are many things that Gabriela needs to attend to and not target our product," he added.
Rommy Sinson, creative director of the Sinson Lascano Group, the advertising agency behind the controversial Napoleon brandy ads defended the ads, particularly the Ginagabi radio ad.
"If you listen to the ad you will know that it is about a brandy, he said.
For his part, Convoy Marketing president Benny Aw said that there was nothing wrong with the poster and billboard ads.
If you look at the tag line, it could mean anything. But if you look at the whole thing, there is no malice in it," Aw said.