Kailangan ba sampahan ng criminal case si Vice Ganda and Ion Perez? Ganoon ba ka grabe yung nagawa nila?

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Napanood mo ba yung cake-eating incident ni Eon Perez at ni Vice Ganda sa It's Showtime?

Okay, sa totoo lang hindi ko talaga papatulan tong issue na to

pero recently nabasa ko lang that the KSMBPI

or the Kapisanan ng mga Social Media Broadcasters ng Pilipinas

is filing a criminal case against them

for emulation of sexual activity.

Let's talk about the details of what happened

and then analyze nga natin para sa kaalaman nating lahat

bago tayo magkaroon ng sarili nating judgment

kung ano ba talaga yung issue at may basihan ba to.

Unang-una, napanood ko yung actual video

kasi na-curious ako bakit sinambahan ng criminal case

and then a criminal case is serious

because sa criminal case, you could go to jail.

So I watched the video myself

and alam mo, nung napanood ko siya,

Eon Perez basically took his finger, took some cake

and then licked it off and ate the cake.

Then natuwa si Vice Ganda, sabi niya gusto daw niya yan.

Ngayon ang kailangan natanong yung sarili natin,

is it criminal?

Kailangan bang makulong ang isang tao para sa incidenting yun?

Ang pinaglalaban ng grupo na KSMBPI

is that it is against the law daw

and the law they're citing is the Republic Act 10175.

At itong Republic Act na to

ay nagdedefine ng lahat ng klaseng cybercrime.

Tapos dito nakalist sa lahat ng mga posibleng crimen

na pwedeng gawin using technology.

At tinignan ko nga itong Republic Act na to

at binasa ko yung Section 6.

Yung Section 6 basically covers

all other criminal activities

na ginagamit ang technology

na hindi nako-cover ng cybercrime.

Tapos ano naman yung penal code?

Ang penal code is the code of laws

na nagdedefine ng lahat ng klaseng crimen

at mga offenses

At ano ba yung mga punishment

para sa mga krimen na to?

Alam mo, mahirap to hanapin by the way

at talaga yun ang problema sa ating batas.

Ang gulo-gulo, ang dami-dami mga pasikot-sikot

kaya ang hirap talaga sundan ng batas

paminsan-minsan eh.

Pero ginawa natin yan.

Tinignan ko yung Article 201

na sinasabi ng KSMBPI

na nilabag nila Eon Perez at Vice Ganda.

At dito sa Article 201, nakalagay dito

These are immoral doctrines,

obscene publications and exhibitions

and indecent shows.

And the penalty is prison mayora

or a fine ranging from 6,000 to 12,000 pesos or both.

So according to these,

these fines shall be imposed upon the following.

Those who shall publicly expound or proclaim doctrines openly

contrary to public morals.

Number two, the authors of obscene literature

published with their knowledge in any form

and then the editors publishing the literature

and the owners and operators of the establishment.

Those who in theater fairs, cinematographs

or any other place exhibit

indecent or immoral plays, scenes, acts

or shows, whether live or in film

as prescribed by the virtue thereof

shall include those

that glorify criminals,

serve no purpose but to satisfy the market

for violence, lust or pornography,

offend any race or religion,

tend to abet traffic in the use of prohibited drugs,

etc. etc.

Okay.

Now, did Vice Ganda and Eon Perez

violate that law?

Now that depends.

And this is where it becomes very subjective.

Hindi po objective.

Subjective.

That means it's open for interpretation

of the judge itself.

At ang problema na dito sa Pilipinas

ay ang korte natin at ang mga judges natin

are prone to make mistakes

and prone to possible abuse of power.

That's the fact of life.

You are putting the life of people on the line,

their liberty,

based on a subjective issue

rather than an objective issue.

So ang tanong natin ngayon,

will this case prosper?

I don't think so.

And by the way, I'm not a lawyer.

I'm just giving you my logical take on this issue.

Dahil ang pinaglalaban

ng kapisana ng mga social media broadcasters

ng Pilipinas ay

they were emulating a sexual act

or a sexual activity.

An emulation of sexual activity.

That depends on who's looking at it, isn't it?

Because honestly,

to say that what Eon Perez and Vice Ganda did

is criminal is a little bit of a stretch.

Pag tinignan ko yun sa totoo lang,

sa akin lang, siguro at the worst, malaswa.

At the worst.

And honestly, I'm not even that offended by it.

Now, may mga bata doon.

And para sa mga bata naman,

their minds are very innocent.

Wala naman sinabi si Vice Ganda na

I wanna suck your whatever

or na I wanna do something to you.

Wala naman ganun eh.

Sabi lang nyo, parang ang sarap niya na.

For an innocent child, that means nothing.

It probably means masarap ang cake.

You can ask any child.

And I'm not defending Vice Ganda and Eon Perez.

I don't even know them

nor do I really care about them.

All I'm saying is this.

Kung ang ginawa ng isang tao

is sexual or not,

if it's emulated or implied,

is dependent on the person looking at it.

Kung sino yung nakatingin.

At para sa mga membro ng KSMBPI,

bastos daw yun.

Para sa kanila.

Pero criminal ba yan?

At sa mata ng korte ba criminal yan?

An emulation is not criminal.

Because it's based on an interpretation.

Sa kanilang mata, bastos yun.

Dahil sila, iniisip nila bastos.

Yun lang yun eh.

Let's say may babaeng kumakain ng ice cream.

Right? Popsicle.

That's an innocent act.

What if the girl was really enjoying the ice cream?

And trust me, we've seen a lot of videos and ads

na yun yung sitwasyon, right?

You would think she was enjoying the ice cream.

Some would think she was doing something else.

Depende yan sa mata at isip ng nakatingin.

But to file a criminal case

is really a stretch and an abuse

of authority of certain people.

And honestly, tingin ko ah,

kaya sinampahan ng kaso ng KSMBPI

ang haba talaga ng acronym nila.

I think they're just grandstanding.

Kasi hindi sila kilala eh.

I have no idea who their members are.

But now, people hear about them and know them.

So it's a great PR stunt for me.

That's about it.

As a case, ano ba yung pinaglalaban nila?

The morality of the Philippines.

My God!

There are a lot of bigger issues

and more immoral activity

than somebody eating cake of somebody's fingers.

At more than anything else, for me,

yung ginawa ni Vice Gandang yun,

to be honest with you,

I find sex to be the lowest form of comedy.

When a comedian has to resort to sexual innuendos

at saka mga sexual jokes

or implying sexual activity,

ibig sabihin nun,

wala na silang maisip na joke,

kaya yun na lang.

Kasi yun ang pinakamabilis eh.

Is it immoral? Is it indecent?

I don't think so.

But at the same time,

I challenge all the broadcasters,

social media personalities,

to go beyond using sex.

At kung tingin talaga na na-criminal

yung ginawa ni Vice Gandang at Ian Perez,

dapat dinemanda na nila

lahat ng mga social media influencers

dyan na nakabikini lang,

na sumasayaw,

na pwede mong sabihin na sexual,

that should be criminal.

Lahat na!

Demandahin na nyo lahat!

And don't forget,

there are a lot of mga media outlets like that.

I mean, look at Viva Max pa lang.

Pero ito yung isang masasabi ko,

in my opinion,

I think that the action is very punitive.

It is meant to just harass them.

At natatawa lang ako

that Enrile actually chimed in on this

and said na bastos talaga si Vice Ganda.

Good Lord!

Look in the mirror!

It's so ironic to me that

a politician like Enrile,

who has been charged so many times

with so many issues regarding corruption,

is saying na bastos si Vice Ganda.

At para sa akin lang,

if there's anything good that may come out of this,

it's this.

That this case will prove

that actions like this are not criminal.

Number one.

Number two,

nasanay yung ating mga komedyante

ay taasa naman nila yung kanilang brand of humor.

To go beyond the sexual jokes.

Kasi ang babaw ng sexual jokes eh.

At nakakabobo.

At yun ang hamon ko sa mga komedyante

is to level up

and not use the lowest form of comedy,

which is sex,

to be able to garner a few laughs.

Dahil tingin ko, no,

you're smarter than that.

And I believe that the Filipino

is smarter than that.

At yan ang katotohanan.