Facts: Acting on reports of sale and distribution of pornographic materials, officers of the PNP Criminal Investigation and Detection Group in the National Capital Region conducted police surveillance on the store Gaudencio E. Fernando Music Fair (Music Fair) in Quiapo. A Search Warrant for violation of Article 201 of RPC against petitioner and a certain Warren Tingchuy and the seizure of the following items:
a. Copies of New Rave Magazines with nude obscene pictures;
b. Copies of IOU Penthouse Magazine with nude obscene pictures;
c. Copies of Hustler International Magazine with nude obscene pictures; and
d. Copies of VHS tapes containing pornographic shows.
The police searched the premises and confiscated twenty-five VHS tapes(among of which is “Kahit sa Pangarap Lang” with Myra Manibog as actress who is naked) and ten different magazines(Dalaga, Penthouse, Swank, Erotic, Rave, Playhouse, Gallery, QUI), which they deemed pornographic. Petitioners were charged and convicted. CA affirmed the decision hence this appeal.
Issue: Whether or Not the CA erred in affirming RTC’s decision.
Held: No. As obscenity is an unprotected speech which the State has the right to regulate, the State in pursuing its mandate to protect the public from obscene, immoral and indecent materials must justify the regulation or limitation. (Kottinger Rule Applied).
0 comments:
Post a Comment