Crim. Case vs. Mamasapano Actors Should be Dismissed

 By Mortz C. Ortigoza

The Special Action Force (SAF) criminally sued the actors of the film’s Mamasapano. They were charged with Illegal Use of Uniform or Insignia which has an imprisonment term of arresto mayor or one month and one day to six months’ jail time.

Its producer lawyer Ferdinand Topacio – who sued former President Noynoy Aquino, et al. on the botched SAF raid in Mamasapano in Maguindano - wondered that despite the flick's entity asked permission from the former SAF’s commanding officer Brig. Gen. Amando Clifton Empiso his successor still charged actors Paolo Gumabao, Rico Barrera and others.

BELEAGUERED ACTORS Paolo Gumabao, Rico Barrera, and Aljur Abrenica. Photo Credit: Bandera

If the prosecutor (called in the past as “fiscal) who handles the case is worth his salt, this case should go in the dustbin.

A criminal case provided in Section 179 of the Revised Penal Code is inferior to the actors’ constitutional rights of freedom of expression enshrined in Section 3 of the Philippines Constitution “no law shall be passed abridging the freedom of speech, of expression, or of the press”.

Even annotator Luis B. Reyes of the Revised Penal Code of the Philippines cited that “The provision (Section 179) is not applicable to the using and wearing of such insignia, badge or emblem of rank in playhouse or theater or in moving picture films” when he cited the similar special law provided by Republic Act 493.

It says: Prohibits the unauthorized use of titles and wearing of insignia, badge or emblem or rank of members of the Armed Forces of the Philippines and the Philippine Constabulary (now the Philippine National Police).

Even the complainant charged the actors of not requesting his acquiescence or of the PNP, the wordings of the law did not say the defendants must ask for.

Other social media commenters acrimoniously said that the defendant failed to ask the imprimatur of the cops.

Ubi lex non distinguit, nec nos distinguere debemus (Where the law does not distinguish, nor the interpreter must distinguish) as what a Latin maxim says.

Even R.A 9167 (An Act Creating the Film Development Council of the Philippines) supports these beleaguered actors. It says on its Section 1’s clause:

Pursuant to the constitutional guarantee on freedom of expression, the State shall promote and support the development and growth of the local film industry as a medium or the upliftment aesthetics, cultural and social values or the better understanding and appreciation of the Filipino identity (Section 1).

It’s a different story however if the complainant and the defendant collude to file this ridiculous nonsense case if what in their minds are for the gullible moviegoers to talk about the flick and rush to buy tickets for the celluloid screen.

As what they said in tinsel town: Bad publicity is good publicity.

 Oscar Wilde collaborates this with his quote: The only thing worse than being talked about is not being talked about.

And this yokel op-ed writer is already a victim of this agenda as he discusses this brouhaha in these countless paragraphs’ column, hahaha!

(Send comments totomortz@yahoo.com)