Monday, August 06, 2007 Seares: Porno video makers and that joker By Pachico A. Seares News Sense
THE law was flawed or the prosecutors weren’t smart enough in these two recent celebrated cases.
Businessman Marcelo Galang joked about a bomb in his bag as he boarded a plane at the Mactan-Cebu airport. He was charged with violation of PD 1727.
The martial law decree punishes the act of “willfully (making) threat” or “conveying false information” about an attempt or alleged attempt to kill an individual or damage or destroy a building, vehicle, or property.
Apparently, joking about bomb on a plane, when it was deemed a joke by the crew, is not a crime. The joke has to be taken seriously. Or so the judge ruled.
The law doesn’t mention bomb threat, serious or as a prank. There are holes that shrewd defense lawyers like Richard Sison can use. Thus joker Galang walked, probably snickering.
Grave scandal
Japanese porno filmmakers caught at Sulpa islet near Olango Island were also charged under a defective law.
Article 201 of the Revised Penal Code penalizes the staging of an obscene show or play, not making a lewd movie.
Had they been charged with grave scandal under Article 200, they could have beaten the rap too. The video was shot in an uninhabited place. Nobody else could have seen the sex act had two sanctuary wardens limited their binoculars to feathered birds.
A woman complained about her neighbors making love on their lawn. The cops told her they couldn’t see anything from where they were. “Use this high chair and you can,” said the woman.
The Japanese got away by paying fine under some plea-bargaining. They would have won had they stuck it out.
