– Judge admits mistake, quashes search warrants
– CIDG task force asked to return computers
CYBER City Teleservices, a pioneering contact center, is not involved in selling pornographic materials. The Regional Trial Court judge erred in issuing search warrants as requested by the Officer of the Solicitor General.
OSG accused Cyber City of selling pornographic DVDs and sex toys as well as medicines that increase the sice and girts of male sex organs, alleging that it violated Article 201 of the Revised Penal Code, particularly paragraph 3.
In a ruling, RTC Judge Isaac G. Robillo Jr. however concluded that the search warrants (Nos. 1391, 1392 and 1393) that he had earlier issued last August should be quashed.
In the decision shared with Davao media practitioners attending Club 888 at Marcos Polo last Wednesday by Enrique Diola, external lawyer of Cyber City, Judge Robillo said that the OSG failed to present evidence that indeed, the items being sold by the clients of Cyber City Teleservices are pornographic.
“The magazines advertised by Dr. Leonard’
s in the internet, such as Playboy, and Men’s Journal can not be considered pornographic because these magazines are even sold in the stores in the Philippines for a long time. These magazines have never been classified as pornographic,” the ruling stated.
“Likewise, the DVDs that are being sold by Dr. Leonard’s cannot by just seeing the advertisement justify a conclusion that these DVDs are pornographic,” Judge Robillo said. “Since no DVD has been presented and actually played, the undersigned cannot really say that the contens of the DVDs are pornographic,” he added.
Judge Robillo said that he is convinced that the items being sold are for customers in he United States and not in the Philippines, where the DVDs may, under the laws of the United States, not be classified as illegal.
“The sex toys and sex enhancers being sold by Extramax and Intramax, on the other hand, while it may not conform to the moral standard of our country, such products are presently not considered illegal,” he wrote.
