Philippines News

In the article “Nepotism in Family Business” by David Bork, featured in Family Business Matters, Bork emphasizes that nepotism holds neither inherent goodness nor badness. Instead, he asserts that its positive or negative connotation stems from the manner in which individuals have raised their children. Bork’s belief is that the fundamental duty of a parent can be defined as follows: “To raise responsible adults who possess high self-esteem and the ability to function autonomously in society.”

Bork further emphasizes that neglecting to instill these principles creates an environment where children develop a sense of entitlement, viewing themselves as privileged individuals deserving of everything.

“This deficiency becomes a ripe incubator for problems to emerge when the child works in the family business. Children who come to the business with an attitude of entitlement will think they are exempt from the rules that apply to ‘ordinary people.’ They often don’t understand that they must earn their place in the company through hard work and consistently-demonstrated competence. A seemingly small thing like coming to work on time is an example,” he said.

Nepotism turns ugly

Company X is a long-standing family business specializing in manufacturing and distributing agricultural and aqua products in the Asia-Pacific region. The founder, Mr. L, built the business from scratch and effectively transitioned its ownership and leadership to his son, ML, who was subsequently promoted to the position of president. Unfortunately, as the company expanded its operations, the challenge of nepotism initially surfaced following the employment and promotion of relatives who seemed inadequate to handle tasks in management and operations.

An entrepreneur deeply rooted in the traditional Chinese way of running a family business, Mr. L firmly believed in keeping the business within the family and has a strong preference for employing relatives in key positions. This has led to multiple instances where family members, apart from his children, including nephews and nieces, were hired without undergoing a rigorous selection process. Non-family employees within the organization repeatedly voiced their concerns (though muted for fear of losing their jobs) about the unfairness of these practices, as they felt bypassed for promotions and job opportunities despite their qualifications and contributions to the company.

The negative impact of nepotism became evident in the company’s organizational dynamics. The lack of meritocracy resulted in a sense of disillusionment among talented non-family employees, leading to reduced motivation and productivity. Skilled individuals that dedicated many years to the company found their career progression blocked by family members with less experience and expertise. This created an atmosphere of resentment, affecting team cohesion and collaboration. Consequently, the company struggled to retain top talent and experienced higher turnover rates.

In-law as procurement head

In addition to the challenges of nepotism, another prominent issue arose when ML appointed his wife as the head of the procurement unit. Typical of many family employment where blood was more important than an individual’s skill set, the wife never had any experience related to the fundamentals of running a purchasing department. Her appointment was solely based on trust consistent with the founder’s inherent preference in hiring family members.

Months into her new role as head, the wife started receiving gifts from suppliers like foreign travel and hotel accommodations disguised as official business transactions. The suppliers also provided assistance during family celebrations, particularly by sponsoring her children’s birthday parties, and showered her with expensive gifts, mainly household appliances and furniture packages. It was obvious that these perks and benefits were offered to her in exchange for favorable approval of purchasing contracts without any bidding or shortlisting of suppliers.

This conflict emphasizes the importance of involving family members in a business properly, as seen in successful cases like Alliance Global Inc. (AGI) and JG Summit Holdings Inc., which AGI chief executive officer (CEO) Kevin Tan and JG Summit president and CEO Lance Gokongwei will be showcasing in an event on Aug. 19, 2023 where I will be a moderator and co-resource speaker together with Global thought leader and Harvard professor Josh Baron entitled, “Family Business Continuity: Ensuring a Fail-Proof Succession Plan.”

This event will look into the significance of eliminating nepotism, among others, in any successful family-run enterprise. I urge all interested families looking to ensure their business success to promptly register and secure their slots as seats are very limited. For additional information, you can call Marivi Estrada of ICON Executive Asia at 0977-835-5533.

In the article “Nepotism in Family Business” by David Bork, featured in Family Business Matters, Bork emphasizes that nepotism holds neither inherent goodness nor badness. Instead, he asserts that its positive or negative connotation stems from the manner in which individuals have raised their children. Bork’s belief is that the fundamental duty of a parent can be defined as follows: “To raise responsible adults who possess high self-esteem and the ability to function autonomously in society.”

Bork further emphasizes that neglecting to instill these principles creates an environment where children develop a sense of entitlement, viewing themselves as privileged individuals deserving of everything.

“This deficiency becomes a ripe incubator for problems to emerge when the child works in the family business. Children who come to the business with an attitude of entitlement will think they are exempt from the rules that apply to ‘ordinary people.’ They often don’t understand that they must earn their place in the company through hard work and consistently-demonstrated competence. A seemingly small thing like coming to work on time is an example,” he said.

Nepotism turns ugly

Company X is a long-standing family business specializing in manufacturing and distributing agricultural and aqua products in the Asia-Pacific region. The founder, Mr. L, built the business from scratch and effectively transitioned its ownership and leadership to his son, ML, who was subsequently promoted to the position of president. Unfortunately, as the company expanded its operations, the challenge of nepotism initially surfaced following the employment and promotion of relatives who seemed inadequate to handle tasks in management and operations.

An entrepreneur deeply rooted in the traditional Chinese way of running a family business, Mr. L firmly believed in keeping the business within the family and has a strong preference for employing relatives in key positions. This has led to multiple instances where family members, apart from his children, including nephews and nieces, were hired without undergoing a rigorous selection process. Non-family employees within the organization repeatedly voiced their concerns (though muted for fear of losing their jobs) about the unfairness of these practices, as they felt bypassed for promotions and job opportunities despite their qualifications and contributions to the company.

The negative impact of nepotism became evident in the company’s organizational dynamics. The lack of meritocracy resulted in a sense of disillusionment among talented non-family employees, leading to reduced motivation and productivity. Skilled individuals that dedicated many years to the company found their career progression blocked by family members with less experience and expertise. This created an atmosphere of resentment, affecting team cohesion and collaboration. Consequently, the company struggled to retain top talent and experienced higher turnover rates.

In-law as procurement head

In addition to the challenges of nepotism, another prominent issue arose when ML appointed his wife as the head of the procurement unit. Typical of many family employment where blood was more important than an individual’s skill set, the wife never had any experience related to the fundamentals of running a purchasing department. Her appointment was solely based on trust consistent with the founder’s inherent preference in hiring family members.

Months into her new role as head, the wife started receiving gifts from suppliers like foreign travel and hotel accommodations disguised as official business transactions. The suppliers also provided assistance during family celebrations, particularly by sponsoring her children’s birthday parties, and showered her with expensive gifts, mainly household appliances and furniture packages. It was obvious that these perks and benefits were offered to her in exchange for favorable approval of purchasing contracts without any bidding or shortlisting of suppliers.

This conflict emphasizes the importance of involving family members in a business properly, as seen in successful cases like Alliance Global Inc. (AGI) and JG Summit Holdings Inc., which AGI chief executive officer (CEO) Kevin Tan and JG Summit president and CEO Lance Gokongwei will be showcasing in an event on Aug. 19, 2023 where I will be a moderator and co-resource speaker together with Global thought leader and Harvard professor Josh Baron entitled, “Family Business Continuity: Ensuring a Fail-Proof Succession Plan.”

This event will look into the significance of eliminating nepotism, among others, in any successful family-run enterprise. I urge all interested families looking to ensure their business success to promptly register and secure their slots as seats are very limited. For additional information, you can call Marivi Estrada of ICON Executive Asia at 0977-835-5533.

CITY Savings Bank (CitySavings) has brought its Project Pink to Carcar City, southern Cebu, to spread more awareness on breast cancer and conduct a free medical mission to more than 600 teaching and non-teaching personnel of the Department of Education (DepEd).

For its recent endeavor, CitySavings said it partnered with Ramon Aboitiz Foundation Inc.-Eduardo J. Aboitiz Cancer Center (Rafi-Ejacc), adding that it is committed to helping the education community not only through its simple and straightforward banking services but by also advocating for health and well-being.

The two-day session featured up-to-date information about breast cancer and a free breast check-up and pap smear screening conducted by Rafi-Ejacc, a non-profit organization dedicated to providing healthcare services to underserved communities.

Rafi-Ejacc medical oncologist Dr. Amabelle Trina Gerona talked about the latest advancements in cancer detection and treatment, along with risk factors and prevention measures.

Breast cancer is the second leading cause of cancer death among women but early detection is key to successful treatment.

To broaden the attendees’ knowledge about women’s health, Vicente Sotto Memorial Medical Center resident doctors Dr. Ivy Nasayao-Latido and Dr. Althea Cabacaba shared their expertise on cervical cancer.

Latido shared effective primary and secondary prevention approaches available such as human papillomavirus vaccines and examination for and treating precancerous lesions.

Cabacaba, on the other hand, promoted the importance of cervical cancer screening and family planning in the fight against maternal and infant morbidity and mortality, and death among women.

DepEd Carcar Senior Education Program Specialist Dr. Juana Dicdiquin talked about her journey and becoming a cancer survivor.

“I encourage my fellow teachers to undergo screening, and for those fighting cancer have courage and face it head on. Learn to prioritize, love and take care of yourselves”, she said.

DepEd Carcar Public Schools District Supervisor Dr. Maritoni Genumbaga Baldespinos thanked CitySavings and Rafi-Ejacc “for their dedication and help extended” to public teachers.

“Let us continue to look after our health,” she said.

CitySavings business head for Central Visayas Ryan Bascug shared an inspirational message as he closed the session: “There is more to pink than just a color. For us at CitySavings, pink is nurturing life, recognizing the challenges and battles, and appreciating that despite the circumstances, we share support systems and programs for every one’s health and well-being.”

The power-generation sector offers vast opportunities for Russian companies, the Ethiopian energy minister has suggested

Ethiopia is interested in Russian investment and is inviting companies to help expand its power generation, the country's industry minister Melaku Alebel told RIA news agency on Tues

The power-generation sector offers vast opportunities for Russian companies, Ethiopian energy minister has said

Ethiopia is interested in Russian investment and is inviting companies to help expand its power generation, the country's industry minister Melaku Alebel told RIA news agency on Tuesday.

Source: ICAO

By Earl Martinez of Barangay San Antonio

The Maharlika Investment Fund is just about money, nothing more, nothing less, nothing else. I need not mention in this piece the numerous reasons why such a government obsession is bad not only for Juan de la Cruz, but for the nation as a whole, lest I sound like a broken record.

Too many analyses, studies and arguments to oppose the “Fund” have been proffered thus far by economic experts, business leaders, government officials (past and present), media and several authorities/people from several different sectors -- enough to convince the President, his economic managers and political allies. But they remain adamant, doggedly arbitrary and preposterous. Headstrong and “savvy” -- sans judgment, acuity or foresight.

Our nation has problems much bigger than money, bigger or more sensible than what proponents of Maharlika would always say, “the need for revenues to fund government programs.”

Money is what the Philippine government has been craving for and running after (one administration after another), yet money remains ever elusive because money (or wealth) is merely a result of wisdom (or correct thinking) and uprightness which two virtues our leaders need to possess and be running hard after, first and foremost.

If money is the problem, then why does BBM seem cold to the idea or imperative action to curb and ultimately stop all robbery and crookedness in the government?

President Bongbong Marcos recently addressed the officials and employees of the Department of Public Works and Highways (DPWH) when he graced the Bataan-Cavite Interlink Bridge Milestones ceremony in Mariveles, Bataan. Yet, in his speech, there was no mention of corruption despite the fact and common knowledge that DPWH is among the leading corrupt agencies in the government -- as though all is well in the rotten department.

“The Philippines is losing around P700 billion, or over 20 percent of the country’s total budget appropriation, yearly, due to corruption,” said the report. Imagine that. Alarming! But when will our officials be alarmed? The Philippines is one of the most corrupt among Asia Pacific countries. Filipinos lead the pack as we are sixth in rank.

Former Deputy Ombudsman Cyril Ramos admonished, “We need to keep reminding ourselves how destructive corruption is, especially for developing countries like ours... The figure is equivalent to some 1.4 million housing for the poor, medical assistance for around seven million Filipinos, or a rice buffer stock that can last for more than a year. With that amount, no Filipino would get hungry.” Bull’s eye. Furthermore, he noted in 2019 that in the past two years alone, “the government may have lost P1.3 trillion due to corruption.”

If money is indeed the problem, why do our officials and politicians throw away millions or billions upon billions of pesos to confidential funds, intel funds, pork barrel funds, discretionary funds and all other assorted secret funds and so-called investment funds (like MIF) that are beyond the reach of the Commission on Audit. With MIF, we are adding more such kinds of “funds” (to the list) that are clear, massive sources of greed or corruption.

Dear BBM, believe the critics and opponents of MIF more than your sycophants, “experts” and blind masseurs. Lead the nation to prosperity and genuine progress. You can do it, Sir, without your favorite, adored baby -- the Maharlika Investment Fund.

Initially, when it was first bruited about, I had mixed feelings about DOT’s (Department of Tourism) meme of “Love the Philippines.” It was not until some quarters embarked on the agenda, or so they seemed by their nastiness, of taking down Secretary Christina Frasco, that I got convinced it is the right meme and should be kept by DOT as Secretary Frasco has rightly decided.

Destructive critics do not seem to care that when they hurl stones at Secretary Frasco they are actually crushing the whole tourism industry. And there just happens to be more than one reason the industry should be supported and made strong. Which to my mind means that we criticize not to destroy but to improve something on which so many lives hang.

Our tourism industry caters to both local and foreign tourists. And local tourists need to be motivated to “Love the Philippines” more than their foreign counterparts. As I asked in an earlier essay, how can we ask the world to love a country that we ourselves do not love?

How can we ask foreign tourists to go, see, experience our principal tourist attractions when we ourselves have not gone, seen, or experienced them ourselves? How also can we assure foreign tourists they will be loved when they come if there is so much negativism and toxicity among us vis-à-vis our tourist industry?

More importantly, our tourism industry contributes so much to the nation’s gross national product. In 2022, the 2.65 million tourist arrivals (a 2,465.75 percent increase from the previous year’s number) translates into P208.92 billion of incremental revenue for the country.

Lest we forget, the tourism industry is one of the biggest employers of the country. In 2022 it employed 5.23 million Filipinos. This does not include the millions employed in downstream industries that tourism has made to sprout and grow all over the country. Think Siargao which would otherwise be a sleepy fishing village without tourists, both foreign and local.

Sure DOT stubbed its foot on the video presentation, but if we “Love the Philippines,” if we love Filipino brothers and sisters who benefit from the industry, we do not demolish it in the eyes of the world but help it get back on its feet for the sake of the millions of Filipinos whose lives depend on tourism.

The ax should fall squarely on the shoulders of the erring ad agency and it has. Secretary Frasco should be faulted, because of command responsibility, for DOT’s failure to spot the errors in the presentation. A not too easily forgivable sin of omission maybe, but blowing it up, over-sensationalizing it only creates more problems than it solves.

We have no business asking others to love us if we behave like we do not love ourselves. We badly need to address DOT’s meme first and foremost to ourselves. If we “Love the Philippines” we criticize to improve so the world will love us. Let’s not kill the goose that lays the golden egg.

An economic downturn cannot be ruled out yet, Janet Yellen has warned

US Treasury Secretary Janet Yellen has warned that the economy is still at risk of a recession, while expressing concern over persistently high inflation.

In an interview with the CBS show Face the Nation over the weekend, she said it

One’s first time outside the Philippines will always be a special one. Traveling unlocks a person’s curiosity and thirst for discovery. For those who have a brand new, stamp-free Philippine passport, here are seven reasons why visiting Hong Kong — Asia’s World City — makes perfect sense for first-time Cebuano overseas tourists:

Visa free

Applying for a visa is one of the most daunting things for would-be tourists. There’s a lot of paperwork to be done. Even after submitting all pertinent documents, there’s still the uncertainty of being approved.

Hello, Hong Kong. This place is one of the few places where Cebuanos can go without the hassle of applying for a visa. With only one’s passport and plane ticket in hand, one can finally say that he or she has been abroad.

Flight time

The flight from Cebu to Hong Kong just takes under three hours. That’s just enough time to watch a movie while on the plane or getting a power nap before landing at your new destination.

Currently, Cebu Pacific flies from Cebu to Hong Kong once daily at 6:05 to 8:55 a.m. and Hong Kong to Cebu at 9:40 a.m. to 12:35 p.m. The early flight allows one to experience more of Hong Kong during the day and the return flight gives travellers just enough time to have breakfast at the airport and catch afternoon engagements back at home.

Communication

Generally speaking, most Hongkongers can communicate in English. Most business and traffic signs are also in English. Tourists won’t have much trouble finding his or her way around town, shopping for specialty items or ordering one’s favorite dishes at a restaurant. This is very helpful for first-timers.

Food

Say hello to authentic Cantonese fare ranging from street-style beef brisket noodles to the glistening skin of a whole roast goose. Don’t forget the steamed and fried dumplings and the street food skewers served with curry. Rice is abundant here as well, so the menu is very family-friendly.

Weather

Book a flight around November to February, and experience super cold weather. It’s the type where one can double (or triple) down on layers and step inside establishments to enjoy the heater. Walking around tourist spots would be less burdensome and become a more pleasurable experience.

MTR

The Mass Transit Railway (MTR) of Hong Kong is simply amazing and super easy to navigate. With a map in hand, one can easily go to most (if not, all) popular tourist destinations with ease. The stops are fairly easy to memorize since they are presented in a more “linear” format as compared to criss-crossing lines. Purchase an “Octopus Card” and have it reloaded with cash in the station or some convenience stores for easier transfers via buses and trains.

Disneyland

There are only six Disneyland theme parks with castles around the world: California, Florida, Paris, Tokyo, Shanghai and Hong Kong. Cebuanos need a visa to visit the other five, but they don’t t need one to step right into Hong Kong Disneyland. Enjoy the food, the rides, the shows and the overall magic. Remember to stay for the theme park’s daily finale, “Momentous,” the magic and lights show that runs 20 minutes, packed with moving music and memorable moments.

What about those who have been to Hong Kong already? The place remains a hot spot for food tripping and shopping ranging from the affordable to luxurious. It has also carved itself as one of the premier destinations for contemporary art in this part of the globe.

One can never get enough of Hong Kong, distinctly charming in its own special way. Discover Hong Kong for the first time or again and again.

The sun was on its way down that sultry Monday afternoon when Dr. Rico Gandionco and wife Dra. Judith made their way to the beachfront of JPark Island Resort where a little altar abloom with red roses stood. It was their 40th wedding anniversary and the stage was set for a grand celebration. Fr. Murphy Sarsonas officiated at the Holy Mass and renewal of vows under the soft glow of the setting sun highlighted by the sound of waves rushing to the shore. Romantic and magical!

The merrymaking continued at the resort’s Triton Ballroom starting with cocktails at the lobby where two pretty ladies in pink (supposedly “human roses”) caught the eyes of the cocktail crowd. It went on to a sumptuous dinner inside with the attendees walking through the LED-lighted ramp featuring a design of moving roses. The ballroom was transformed into a fairy tale garden by event organizer Ritchie Mendoza and his team who conceptualized the unique set up.

Guests were all ears when Rico and Judith narrated their story — how love bloomed in medical school and how they coped with challenges. There were other interesting revelations that made their only son Jigo smile. Rico proudly shared that his parents Diego and Julie have been happily married for 70 or so years. The couple, now in their 90s, took part in the celebration.

Party entertainment was a big wow with flashy dance numbers and beautiful songs including presentations from family and friends. Rico and Judith requested their wellwishers to make a donation to the Church Rebuilding Project of Liloan (their parish church) in lieu of gifts.

CLYDE Azarcon attempts to end his losing slump as he looks to score an upset against world-rated Joey Canoy Wednesday, July 12, 2023, in Malungon, Sarangani Province.

The 28-year-old Azarcon, who fights out of the Big Yellow Boxing Gym in Guadalupe, Cebu City, will try to break a four-bout losing streak. But it won’t be easy because he’ll face one of the elite Filipino fighters in the light flyweight division.

“Azarcon is ready. This will be a good fight,” Azarcon’s coach Christopher “Ping-Ping” Tepora told SunStar Cebu.

Azarcon hasn’t won a fight in three years and dropped his last four fights against John Paul Gabunilas, Lito Dante, Yuga Ozaki and Jake Amparo.

The 30-year-old Canoy must beat Azarcon if he wants to continue his dream of becoming a world champion.

Canoy is closing in on a world title shot. He’s currently rated No. 8 by the International Boxing Federation, No. 9 by the World Boxing Council, No. 12 World Boxing Organization (WBO) and No. 15 by the World Boxing Association (WBA) in the light flyweight division.

Canoy just won the Oriental and Pacific Boxing Federation light flyweight strap with a seventh-round stoppage of Japanese Kenichi Horikawa last year in Japan.

Canoy is 19-5-2 with 11 knockouts, while Azarcon is 17-7-1 with six knockouts.

In the meantime, former WBO Asia-Pacific bantamweight champion Ben Mananquil trades leathers with veteran Jenny Boy Boca in an eight-rounder.

Mananquil is looking to bounce back after losing back-to-back fights. He suffered a fifth-round stoppage in the hands of Phumelele Cafu in a WBA Inter-Continental super flyweight belt last year in South Africa and a unanimous-decision loss to Ronnie Baldonado in a Philippine Games and Amusements Board bantamweight title fight in Parañaque City on Jan. 30.

Boca dropped his last four fights. He’s coming off a third-round stoppage in the hands of RV Deniega last year in Tagum City.

Mananquil is 18-4-3 with five knockouts, while Boca is 14-10 with 12 knockouts.

Meanwhile, Cebu-based Gabriel Santisima (1-0) will face off with Nathaniel Juan (0-4) in one of the undercard bouts. (EKA)

Belarusian lawyer Yulia Yurhilevich and journalist Pavel Mazheika face up to seven years in prison for sharing information widely available to the public.

In the latest example of the authorities targeting lawyers and journalists in Belarus, the two have been accused of "repeatedly aiding extremist activity" for sharing information about Yurhilevich's disbarment and a court case - information included on governme

MAJOR FINDINGS. A proposal to prohibit the display and sale of sex toys and all other “obscene or lewd” objects, among the amendments proposed by Councilor Jessica Resch, is shot down in the report of the City Council’s committee on laws, which chairman Councilor Rey Galeon will push in the Sanggunian’s Wednesday, July 12, 2023 regular session.

The committee’s reason for its objection: A ban on sex toys and other obscene or lewd objects will be “prohibitive of trade.”

The committee report also tells the City Council that the definition of obscenity under the existing ordinance [City Ordinance #1408] -- while not covered by the amendments proposed last March 15 by Resch, the Sanggunian’s youth sector representative -- “is no longer consistent with law.” Meaning, it is unlawful and,

the report recommends, the definition must be changed.

More tellingly, the report says that “only the courts...have the power to pass upon whether material is obscene or not” and thus no suspected obscene material can be seized, forfeited or disposed unless its obscenity is first determined by a court. Obviously, by court order; otherwise, City Hall action will be, the report says, “confiscatory.”

The report, quoting the Supreme Court in Fernando vs. Court of Appeals [GR #159751 of December 6, 2006], said no one will be prosecuted for sale or exposure of obscene materials “unless these materials depict or describe patently offensive hard-core sexual conduct.” The SC said the materials must represent or describe (a) “ultimate sexual acts, normal or perverted” and (b) “masturbation, excretory function, and lewd exhibition of the genitals.”

PUBLIC HEARING. Signed by chairman Galeon and members James Anthony Cuenco and Phillip Zafra, the committee report is in Wednesday’s City Council agenda. It’s not known if the two other members, Raymond Alvin Garcia and Jocelyn G. Pesquera, have objections to the report; their signatures don’t appear in the document.

The proposal will undergo a public hearing to be scheduled if the Sanggunian will adopt the committee report.

REASONS TO AMEND.From its title, the Resch ordinance is purportedly “to expand” the mandate of the Cebu City Anti-Indecency Board (CAIB) created by the original ordinance.

The proposed changes though focus mainly on sex toys and other obscene objects and on children’s easy access to internet pornography.

Councilor Resch points to a “void in the implementation” in the existing ordinance (#1408). Selling sculptures -- one “whereas” clause says -- which depict “the male and female genitalia (anus, breast, penis, vagina) and the like, including sex toys,” is mentioned in the said ordinance but “not included as unlawful.”

Resch’s other argument cites “advanced technology” that gives children easy access to pornography websites and other media platforms.

But the problem, it would seem, is not the right of the City Council to enact ordinances -- the proposed Resch ordinance and the committee report listed legal bases of the right -- but what the Sanggunian cannot legislate and what ordinance implementers cannot lawfully do.

FOUR SECTIONS of Ordinance #1408 -- sections 3,7, 11, 12 -- are affected by the Resch proposals, which mainly would:

[] Add “operations” to its function of “investigations,” to cover all bookstores, magazine shops, newspaper stands, but also “ordinary stalls/stores” and “internet cafes” -- on top of existing area of coverage comprising of adult stores, theaters, nightclubs, KTV/cocktail lounges, bars, spas. massage parlors and sauna baths. The added “internet cafes” come with this qualifier: “that allow access to pornographic materials, various social media platforms and software.”

Not specified is whether the “operations and investigations” of CAIB and its deputies will include confiscation of materials the group or its agents will suspect to be obscene.

The amendments include proposals:

[] To empower CAIB to recommend to the mayor and a host of government agencies to imposed administrative liabilities to violators, including shutdown of websites, closure of the establishment, payment of fines, and cancellation or suspension of business permit.

[] To Impose on the mayor the duty to mete out administrative penalties provided by the ordinance, without prejudice to filing of criminal charges in court.

[] To punish also the “circulation” of sex toys and other obscene objects. Does this mean passing the obscene object from person to person is covered by the ban? That might include mere possession. Which is not clear, as unclear as to how CAIB will go after those who merely access to obscene material to watch.

SEX TOYS AND ALL OTHERS. The materials the Resch amendment seeks to ban come under the label “sex toys” but the provision includes “any objects” that are “indecent, lewd, obscene or pornographic.” In short, anything if it is, to CAIB or its agents, obscene.

Interestingly, the committee on laws rejects the proposal not on the question of whether it is obscene or not, but primarily because “it is prohibitive of trade.” Sex toys are “not illicit” and “not outside the commerce of man,” the report says.

WHO DECIDES WHETHER IT’S OBSCENE?As early as 34 years ago, the Supreme Court ruled (in Pita vs. Court of Appeals, October 5, 1989, 178 Scra 362) that only a court of law can determine obscenity and thus confiscation of suspected obscene materials without court order is unlawful confiscation of private property.

To recall, the Cebu Citizens-Press Council (CCPC) opposed the move of the Cebu Provincial Board in 2011 to authorize the governor to confiscate newspapers, magazines and other printed materials the Provincial Anti-obscenity Board would consider obscene. In 2014, the CCPC also repeated its stand on the issue when the Cebu City Anti-Indecency Board (CAIB) confiscated various allegedly obscene magazines at a bookstore in SM City Cebu.

Fast forward to 2023. The Gealon committee on laws in effect tells the City Council that Resch’s amendments must be consistent with the law and jurisprudence on obscenity, the most significant

of which are these precepts:

[1] Attack on obscenity must be on depiction or description -- by an object, film, print content, play or show -- of “patently offensive hardcore sexual conduct,” and

[2] Only the court can determine whether an object or act is obscene. Any seizure, forfeiture, or disposal of suspected obscene material without court order is confiscatory and unlawful.

RELATED: Media’s Public: Councilor Resch’s proposed amendment of Cebu City’s anti-indecency ordinance cannot grant right of search and seizure without court approval.(SunStar, March 25, 2023)

CHANGES THE EXISTING ORDINANCE NEEDS. As the committee on laws suggests, the City Council needs to amend the definition of obscenity in the existing ordinance to make it “consistent” with the definition provided by the law and interpreted in decided cases of the Supreme Court.

And to remove the expected source of friction between ordinance enforcers and establishment owners, local legislators may do well to specify in the ordinance limits of functions assigned to CAIB and its deputies.

In 2015 the City Council dropped the phrase “even without any prior court order” from

an amendment it adopted, apparently to appease the opposers. This time, in 2023, it can do better by specifying that CAIB shall seize or confiscate suspected obscene material “only with a court order.” []