Wednesday 24 October 2012

Case Digest of Pita vs CA


Personal determination by a Judge

PITA vs CA

FACTS:
An anti-smut campaign initiated by the Mayor of City of Manila, Ramon Bagatsing, seized & confiscated from dealers, distributors, news stand owners and peddlers along sidewalks, magazines, publications and other reading materials believe to be obscene, pornographic and indecent and later burned the seized materials in public at University belt along CM Recto Avenue. Among the publications seized, and later burned was “Pinoy Playboy” magazines and Co-edited by plaintiff Leo Pita.

Pita assailed, Preliminary Injunction, as to whether or not the defendants and or their agents can without a Court order confiscate or seize plaintiffs magazine before any judicial finding is made on which is said may be obscene or not.

HELD:
Petition is GRANTED, reversed & set-aside.

RATIONALE:

TEST OF OBSCENITY (PEOPLE vs KOTTINGER)
1.       Whether the tendency of the matter charged as obscene, is to deprave or corrupt those whose minds are open to such immoral influences and into whose hands a publication or other article charged is being obscene may fall.
2.       Those that shocks the ordinary and common sense of men as an indecency

PASEI vs DRILON (Definition of Police Power)
State authority to enact legislation that may interfere with personal liberty or property in order to promote GENERAL WELFARE

PROCEDURE (OBSCENE MATERIALS)
1.       The authorities must apply for the issuance of a Search Warrant from a Judge, in in their opinion, an obscenity rap is in order;
2.       The authorities must convince the Court that the materials sought to be seized are “obscene”, and pose a CLEAR AND PRESENT DANGER of an evil substantive enough to warrant a State interference and action;
3.       The Judge must determine whether or not the same are indeed “obscene” the question is to be resolved on a case-to-case basis and on his hand’s sound discretion;
4.       If, in the opinion of the Court, probable cause exists, it may issue the Search Warrant;
5.       Paper suit, Article 201;
6.       Any conviction is subject to appeal


12 comments:

  1. Admiring the persistence you put into your site and in
    depth information you provide. It's nice to come across a blog every once in a while that isn't the same out of date rehashed information.

    Excellent read! I've saved your site and I'm adding
    your RSS feeds to my Google account.
    my website: Zulily coupon code

    ReplyDelete
  2. Pretty! This has been an incredibly wonderful
    post. Many thanks for providing these details.
    my website - cremazioni roma

    ReplyDelete
  3. My spouse and I stumbled over here by a different web address and
    thought I may as well check things out. I like what I see so now i am following you.
    Look forward to checking out your web page for a second time.
    my webpage: Tetra Fish Food

    ReplyDelete
  4. I'm curious to find out what blog system you have been utilizing? I'm having some small security issues with my latest site and I would like to find
    something more secure. Do you have any suggestions?
    Also see my page :: network marketing

    ReplyDelete
  5. Malaysia & Singapore & brunei ideal internet blogshop for wholesale
    & supply korean accessories, earrings, earstuds, choker, rings, hair, trinket & bracelet accessories.
    Offer 35 % wholesale discount. Ship Worldwide
    My website :: stitching wire jakarta

    ReplyDelete
  6. Hello, i think that i saw you visited my site thus i came
    to “return the favor”.I am attempting to find things to enhance my
    website!I suppose its ok to use some of your ideas!
    !
    Feel free to visit my website free ps3 games

    ReplyDelete
  7. Thank you, I've just been looking for info approximately this topic for a while and yours is the best I have discovered so far. But, what concerning the bottom line? Are you certain about the source?

    My webpage ... domain names for sale

    ReplyDelete
  8. Hello, I would like to subscribe for this blog to take newest updates, so
    where can i do it please help out.

    My web-site - facebook quotes
    my website :: peoples quotes

    ReplyDelete
  9. Today, while I was at work, my sister stole my iphone and tested to see if it can survive a twenty five
    foot drop, just so she can be a youtube sensation.

    My iPad is now broken and she has 83 views.
    I know this is entirely off topic but I had to share it with
    someone!

    Feel free to surf to my blog; top auto insurance companies in california
    Also see my page > california casualty auto and home insurance

    ReplyDelete
  10. Hello, I enjoy reading all of your post. I like to write a little comment to support you.


    Look into my web site; http://sexvideovoyeur.com

    ReplyDelete
  11. The other day, while I was at work, my sister stole my iPad and tested to see if it can survive
    a twenty five foot drop, just so she can be a youtube sensation.
    My iPad is now broken and she has 83 views.
    I know this is totally off topic but I had to share it with someone!


    Feel free to visit my site ... Chat Girls

    ReplyDelete