"Anti-Tabloid Ordinance" constitutes prior restraint

CEBU, Philippines -  The president of the Integrated Bar of the Philippines Cebu City chapter believes that the proposed “Anti-Tabloid Ordinance” of the Province of Cebu may be unconstitutional for being violative of the provisions of the Constitution against prior restraint.

Lawyer Earl Bonachita said a Local Government Unit cannot ban any publication of tabloids unless there is a prior declaration from the court that the said tabloid has committed a violation of law.

“Well there are limitations of the local government they can only regulate but cannot impose prior restraint…they have to have a prior court declaration whether the article is immoral or not,” he said.

Lawyer Joan Saniel-Amit, executive director of the Children’s Legal Bureau, on the other hand said that there is no need to ban obscene publication of tabloids and magazines as it is already illegal.

Amit said that obscene publication is already prohibited under the Revised Penal Code and can be apprehended anytime.

“Di na kinahanglan i-ban kay daan na nga banned,” she said.

As to the proposed ban of the wearing of bikinis and swimwear in public beaches and private resorts, Amit said there is no law yet for this matter.

The proposed ordinance authored by Vice Governor Agnes Magpale seeks to prohibit the sale, distribution, possession, or exhibition of tabloids and such other similar printed and reading materials containing immoral or indecent pictures, acts/activities, or writings that are sexually-provocative within the Province of Cebu.

The proposal is now pending before the PB committee on laws and ordinances chaired by Board Member Peter John Calderon after it was passed on first reading last Monday.

It was Board Member Jose Ribomapil Holganza Jr. who earlier raised the issue on legality of the said proposal prompting him to beg off as co-sponsor on the ground that it may already delve on matters involving violations of rights.

Holganza will play a very important role in its implementation once the proposal will become a law being the president of the Liga ng mga Barangay in the Province of Cebu.

Pending further discussion and public hearing of the said proposed ordinance, Holganza has already manifested his strong reservations on the legality of the proposal. —(FREEMAN)