ISSUE
Whether or not there was grave abuse of discretion on the part of the CA in ordering the removal and destruction of the hard disks containing the pornographic and obscene materials.
THE COURT’S RULING
Petitioners argue that there is no evidence showing that they were the source of pornographic printouts presented by the NBI to the RTC or to the City Prosecutor of Manila in I.S. No. 07H-13530. Since the hard disks in their computers are not illegal per se unlike shabu, opium, counterfeit money, or pornographic magazines, said merchandise are lawful as they are being used in the ordinary course of business, the destruction of which would violate not only procedural, but substantive due process. [18]
The argument of petitioners is totally misplaced considering the undisputed fact that the seized computer units contained obscene materials or pornographic files. Had it been otherwise, then, petitioners’ argument would have been meritorious as there could be no basis for destroying the hard disks of petitioners’ computer units.
While it may be true that the criminal case for violation of Article 201 of the Revised Penal Code was dismissed as there was no concrete and strong evidence pointing to them as the direct source of the subject pornographic materials, it cannot be used as basis to recover the confiscated hard disks. At the risk of being repetitious, it appearsundisputed that the seized computer units belonging to them contained obscene materials or pornographic files. Clearly, petitioners had no legitimate expectation of protection of their supposed property rights.
The CA is correct in stating that the removal of the hard disk from the CPU is a reliable way of permanently removing the obscene or pornographic files. Significantly, Presidential Decree (PD) No. 969 is explicit. Thus:
Sec. 2. Disposition of the Prohibited Articles. The disposition of the literature, films, prints, engravings, sculptures, paintings, or other materials involved in the violation referred to in Section 1 hereof shall be governed by the following rules:
a. Upon conviction of the offender, to be forfeited in favor of the government to be destroyed.
b. Where the criminal case against any violator of this decree results in an acquittal, the obscene/immoral literature, films, prints, engravings, sculpture, paintings or other materials and other articles involved in the violation referred to in Section 1 hereof shall nevertheless be forfeited in favor of the government to be destroyed, after forfeiture proceedings conducted by the Chief of Constabulary. [Emphasis and underscoring supplied]
Clearly, the provision directs the forfeiture of all materials involved in violation of the subject law. The CA was lenient with petitioners in modifying the ruling of the RTC in that the CPUs and softwares, which were initially ordered to be retained by the NBI, should be released in their favor with only the hard disk removed from the CPUs and destroyed. If the softwares are determined to be violative of Article 201 of the RPC, unlicensed or pirated, they should also be forfeited and destroyed in the manner allowed by law. The law is clear. Only licensed softwares that can be used for legitimate purposes should be returned to petitioners.
To stress, P.D. No. 969 mandates the forfeiture and destruction of pornographic materials involved in the violation of Article 201 of the Revised Penal Code, even if the accused was acquitted.
Taking into account all the circumstances of this case, the Court holds that the destruction of the hard disks and the softwares used in any way in the violation of the subject law addresses the purpose of minimizing if not totally eradicating pornography. This will serve as a lesson for those engaged in any way in the proliferation of pornography or obscenity in this country. The Court is not unmindful of the concerns of petitioners but their supposed property rights must be balanced with the welfare of the public in general.
