00:33.4
kung ano ba talaga yung issue at may basihan ba to.
00:36.4
Unang-una, napanood ko yung actual video
00:39.4
kasi na-curious ako bakit sinambahan ng criminal case
00:42.4
and then a criminal case is serious
00:44.0
because sa criminal case, you could go to jail.
00:47.0
So I watched the video myself
00:48.6
and alam mo, nung napanood ko siya,
00:50.4
Eon Perez basically took his finger, took some cake
00:53.8
and then licked it off and ate the cake.
00:56.0
Then natuwa si Vice Ganda, sabi niya gusto daw niya yan.
00:58.8
Ngayon ang kailangan natanong yung sarili natin,
01:02.2
Kailangan bang makulong ang isang tao para sa incidenting yun?
01:05.6
Ang pinaglalaban ng grupo na KSMBPI
01:08.8
is that it is against the law daw
01:11.4
and the law they're citing is the Republic Act 10175.
01:15.6
At itong Republic Act na to
01:17.2
ay nagdedefine ng lahat ng klaseng cybercrime.
01:20.2
Tapos dito nakalist sa lahat ng mga posibleng crimen
01:22.6
na pwedeng gawin using technology.
01:25.2
At tinignan ko nga itong Republic Act na to
01:27.2
at binasa ko yung Section 6.
01:35.2
Yung Section 6 basically covers
01:38.4
all other criminal activities
01:40.8
na ginagamit ang technology
01:42.4
na hindi nako-cover ng cybercrime.
01:45.2
Tapos ano naman yung penal code?
01:46.8
Ang penal code is the code of laws
01:49.0
na nagdedefine ng lahat ng klaseng crimen
01:53.0
At ano ba yung mga punishment
01:54.4
para sa mga krimen na to?
01:55.8
Alam mo, mahirap to hanapin by the way
01:57.6
at talaga yun ang problema sa ating batas.
01:59.4
Ang gulo-gulo, ang dami-dami mga pasikot-sikot
02:02.2
kaya ang hirap talaga sundan ng batas
02:04.0
paminsan-minsan eh.
02:04.8
Pero ginawa natin yan.
02:06.0
Tinignan ko yung Article 201
02:07.6
na sinasabi ng KSMBPI
02:09.6
na nilabag nila Eon Perez at Vice Ganda.
02:12.0
At dito sa Article 201, nakalagay dito
02:14.4
These are immoral doctrines,
02:16.0
obscene publications and exhibitions
02:18.2
and indecent shows.
02:19.6
And the penalty is prison mayora
02:21.6
or a fine ranging from 6,000 to 12,000 pesos or both.
02:25.4
So according to these,
02:26.6
these fines shall be imposed upon the following.
02:29.0
Those who shall publicly expound or proclaim doctrines openly
02:30.6
contrary to public morals.
02:31.4
Number two, the authors of obscene literature
02:32.8
published with their knowledge in any form
02:33.8
and then the editors publishing the literature
02:34.8
and the owners and operators of the establishment.
02:36.0
Those who in theater fairs, cinematographs
02:38.4
or any other place exhibit
02:40.2
indecent or immoral plays, scenes, acts
02:43.0
or shows, whether live or in film
02:45.0
as prescribed by the virtue thereof
02:47.0
shall include those
02:48.6
that glorify criminals,
02:50.0
serve no purpose but to satisfy the market
02:52.0
for violence, lust or pornography,
02:54.6
offend any race or religion,
02:56.2
tend to abet traffic in the use of prohibited drugs,
03:02.8
Now, did Vice Ganda and Eon Perez
03:05.6
violate that law?
03:07.6
Now that depends.
03:09.0
And this is where it becomes very subjective.
03:12.2
Hindi po objective.
03:14.4
That means it's open for interpretation
03:16.2
of the judge itself.
03:18.0
At ang problema na dito sa Pilipinas
03:19.6
ay ang korte natin at ang mga judges natin
03:21.6
are prone to make mistakes
03:23.4
and prone to possible abuse of power.
03:25.6
That's the fact of life.
03:26.6
You are putting the life of people on the line,
03:30.6
based on a subjective issue
03:33.2
rather than an objective issue.
03:35.6
So ang tanong natin ngayon,
03:36.6
will this case prosper?
03:38.2
I don't think so.
03:39.8
And by the way, I'm not a lawyer.
03:41.4
I'm just giving you my logical take on this issue.
03:44.8
Dahil ang pinaglalaban
03:46.8
ng kapisana ng mga social media broadcasters
03:52.2
they were emulating a sexual act
03:55.4
or a sexual activity.
03:57.8
An emulation of sexual activity.
04:00.4
That depends on who's looking at it, isn't it?
04:04.2
Because honestly,
04:06.0
to say that what Eon Perez and Vice Ganda did
04:09.2
is criminal is a little bit of a stretch.
04:11.4
Pag tinignan ko yun sa totoo lang,
04:13.6
sa akin lang, siguro at the worst, malaswa.
04:17.4
And honestly, I'm not even that offended by it.
04:19.2
Now, may mga bata doon.
04:21.2
And para sa mga bata naman,
04:22.8
their minds are very innocent.
04:24.0
Wala naman sinabi si Vice Ganda na
04:26.2
I wanna suck your whatever
04:28.4
or na I wanna do something to you.
04:31.6
Wala naman ganun eh.
04:33.0
Sabi lang nyo, parang ang sarap niya na.
04:35.0
For an innocent child, that means nothing.
04:37.2
It probably means masarap ang cake.
04:38.6
You can ask any child.
04:40.0
And I'm not defending Vice Ganda and Eon Perez.
04:42.0
I don't even know them
04:43.0
nor do I really care about them.
04:44.8
All I'm saying is this.
04:46.2
Kung ang ginawa ng isang tao
04:48.2
is sexual or not,
04:49.8
if it's emulated or implied,
04:53.0
is dependent on the person looking at it.
04:56.0
Kung sino yung nakatingin.
04:57.6
At para sa mga membro ng KSMBPI,
05:03.6
Pero criminal ba yan?
05:05.2
At sa mata ng korte ba criminal yan?
05:07.4
An emulation is not criminal.
05:10.0
Because it's based on an interpretation.
05:13.2
Sa kanilang mata, bastos yun.
05:15.0
Dahil sila, iniisip nila bastos.
05:19.0
Let's say may babaeng kumakain ng ice cream.
05:23.6
That's an innocent act.
05:24.8
What if the girl was really enjoying the ice cream?
05:27.0
And trust me, we've seen a lot of videos and ads
05:30.2
na yun yung sitwasyon, right?
05:32.2
You would think she was enjoying the ice cream.
05:34.0
Some would think she was doing something else.
05:36.2
Depende yan sa mata at isip ng nakatingin.
05:39.6
But to file a criminal case
05:41.6
is really a stretch and an abuse
05:43.8
of authority of certain people.
05:45.8
And honestly, tingin ko ah,
05:47.6
kaya sinampahan ng kaso ng KSMBPI
05:50.4
ang haba talaga ng acronym nila.
05:52.8
I think they're just grandstanding.
05:54.6
Kasi hindi sila kilala eh.
05:55.8
I have no idea who their members are.
05:57.8
But now, people hear about them and know them.
06:00.4
So it's a great PR stunt for me.
06:03.4
As a case, ano ba yung pinaglalaban nila?
06:05.8
The morality of the Philippines.
06:08.4
There are a lot of bigger issues
06:10.2
and more immoral activity
06:12.2
than somebody eating cake of somebody's fingers.
06:14.6
At more than anything else, for me,
06:16.4
yung ginawa ni Vice Gandang yun,
06:18.0
to be honest with you,
06:19.2
I find sex to be the lowest form of comedy.
06:22.4
When a comedian has to resort to sexual innuendos
06:26.4
at saka mga sexual jokes
06:28.4
or implying sexual activity,
06:31.2
ibig sabihin nun,
06:32.0
wala na silang maisip na joke,
06:33.4
kaya yun na lang.
06:34.2
Kasi yun ang pinakamabilis eh.
06:35.6
Is it immoral? Is it indecent?
06:37.2
I don't think so.
06:38.2
But at the same time,
06:38.8
I challenge all the broadcasters,
06:40.8
social media personalities,
06:42.6
to go beyond using sex.
06:46.2
At kung tingin talaga na na-criminal
06:47.6
yung ginawa ni Vice Gandang at Ian Perez,
06:50.0
dapat dinemanda na nila
06:51.2
lahat ng mga social media influencers
06:53.2
dyan na nakabikini lang,
06:55.6
na pwede mong sabihin na sexual,
06:58.6
that should be criminal.
07:01.4
Demandahin na nyo lahat!
07:02.6
And don't forget,
07:03.4
there are a lot of mga media outlets like that.
07:05.4
I mean, look at Viva Max pa lang.
07:07.4
Pero ito yung isang masasabi ko,
07:10.2
I think that the action is very punitive.
07:13.0
It is meant to just harass them.
07:15.2
At natatawa lang ako
07:16.2
that Enrile actually chimed in on this
07:18.4
and said na bastos talaga si Vice Ganda.
07:22.8
Look in the mirror!
07:24.4
It's so ironic to me that
07:26.4
a politician like Enrile,
07:28.2
who has been charged so many times
07:29.8
with so many issues regarding corruption,
07:31.6
is saying na bastos si Vice Ganda.
07:33.6
At para sa akin lang,
07:34.6
if there's anything good that may come out of this,
07:38.0
That this case will prove
07:39.6
that actions like this are not criminal.
07:43.0
nasanay yung ating mga komedyante
07:44.8
ay taasa naman nila yung kanilang brand of humor.
07:48.2
To go beyond the sexual jokes.
07:50.6
Kasi ang babaw ng sexual jokes eh.
07:53.4
At yun ang hamon ko sa mga komedyante
07:56.0
and not use the lowest form of comedy,
07:59.0
to be able to garner a few laughs.
08:01.0
Dahil tingin ko, no,
08:02.0
you're smarter than that.
08:03.2
And I believe that the Filipino
08:04.8
is smarter than that.
08:06.6
At yan ang katotohanan.