Showbiz columnist and entertainment vlogger Ogie Diaz sought legal counsel to determine the potential legal consequences of the “icing incident” involving Vice Ganda and Ion Perez on their noontime program, ‘It’s Showtime.’
The Kapisanan ng Social Media Broadcasters ng Pilipinas recently filed a criminal case against the celebrity couple, citing “indecent acts” displayed during the ‘Isip Bata’ segment.
To ascertain whether there are valid legal grounds for the case, Ogie Diaz consulted attorney Juanito R. Lim Jr., popularly known as Atty. Jun Lim of the Lim and Yutatco-Sze Law Firm. He inquired if Vice Ganda and Ion Perez had violated any laws regarding the icing incident.
The attorney clarified that he would not focus on the personalities involved but rather on the facts of the case. According to Atty. Lim, the charges against Vice Ganda and Ion Perez pertain to the violation of Article 201 of the Revised Penal Code in relation to Section 6 of RA 10175, also known as the Cybercrime Prevention Act of 2012.
“Sa madaling salita, ang ikinaso kay Vice ay pagpapakita, o pagpapalaganap ng malaswang panoorin sa paggamit at sa pagggamit pa ng information technology,” Atty. Lim explained.
As a lawyer, Atty. Lim expressed his belief that Vice Ganda and Ion Perez did not violate the law. Consuming icing from a cake, as they did, is not inherently indecent or immoral. Such an action, in his view, does not contravene public decency, morality, good manners, policies, or legal directives.
He noted that some individuals might perceive it as suggestive, but that does not make it a crime. The malice attributed to Vice Ganda and Ion Perez might be a subjective interpretation, with no clear legal basis.
The attorney raised a thought-provoking question: Would the same charges be filed if the individuals involved were not celebrities but rather an ordinary man and woman or even a politician?
Lastly, Atty. Lim emphasized, “The last time I checked, we still live in a democratic country. So huwag po nating takutin ang ilan nating mga kababayan ng mga demanda dahil nagpahayag sila ng mga paniniwala nila. Huwag natin silang gantihan sa mga paraan na nagdudulot ng takot din sa taumbayan. Mali po ito.”
In the attorney’s perspective, it is not appropriate to file charges against Vice Ganda and Ion Perez, and the case appears likely to be dismissed.
As of now, there has been no response or statement from the Social Media Broadcasters ng Pilipinas who filed the criminal case against Vice Ganda and Ion Perez regarding Attorney Lim’s comments.
