BECAUSE of some opposition, the Cebu City Anti-Indecency Board (CCAIB) will no longer amend a section of City Ordinance (CO) 1408 that seeks to grant them power to operate against indecency, lewdness, obscenity and pornography without first securing a court order.
“We will remove the portion that says we will have the authority to access a place even without a court order,” City Administrator Lucelle Mercado said.
Mercado also serves as executive director of CCAIB.
“For this purpose, owners, managers or promoters shall give full and unconditional access to the board or its duly authorized members or deputies in order to conduct inspection of their establishments at any time of the day or night even without any prior court order,” read the proposed amendment of the ordinance that will be removed.
In a public hearing last October, two groups, including the Cebu City Press Council (CCPC), expressed opposition to the matter.
Lawyer Rose Versoza of CCPC said earlier that the group is against the provision that grants the board “full and unconditional” access to bookstores, magazine and newspaper stands without a court order as it violates the right to due process.
The opposition that was raised by CCPC during the public hearing was again stressed by CCPC Executive Director Pachico Seares, who is also Sun.Star Cebu’s public and standards editor.
“It may be pointed out that CCPC and Cemla (Cebu Media Legal Aid) represent local journalists, print and broadcast, on media issues. Still, if you’re seeking out individual opinions, may I say that my personal opinion as journalist supports the opinion of CCPC and Cemla,” he said.
Seares wrote Mercado on his stand on the matter after he was invited by the latter to a meeting supposedly held last Friday to discuss the proposed amendment of CO 1408.
“You talk of respecting ‘the sentiments from the media’ on the issue. That’s less relevant, I’m sure, than respecting the Constitution and the Supreme Court decision that interpret it,” Seares said.
The proposed amendment also allows CAIB to use as evidence against violators the confiscated printed materials.
Earlier, CCPC pointed out that it is only the court that can determine obscenity as provided for in a 1989 Supreme Court decision.