May 24, 2025
Honor thy film
Obiter Dictum

Honor thy film

Jan 25, 2016

by Lawrence Lesangke

 

There were many questions that have aroused the public regarding the disqualification of Honor thy father from the Best Picture’s category during the

honor thyfilmMetro Manila Film Festival Awards 2015. Both sides of the coin were heard uring the investigation probe; the contention of the MMFF was that the movie

Honor Thy Father broke the MMFF rule that “An entry film shall not have been, in any way, commercially exhibited here and/or abroad.” If the said rule

was squarely violated, then why is it disqualified only for the Best Picture Category and not all of the categories lined up in the MMFF? this question

was raised by the Producer of Honor thy Father. The rule is ambiguous since it does not specify the proper sanctions to be imposed in case there were

transgressions of the rule. When did they come up with the idea of imposing  such slight penalty since it was not incorporated under the rules? Applying the

hornbook principle of inclusion unios est exclusion alterius which is a rule of interpretation that states that including one excludes another, said penalty and

ground is not expressly provided, hence, there is no room for it to be given or imposed. What is the legal basis in disqualifying the movie aside from their

reason that it was because of non-compliance of the MMFF Rules? The most important question is if they (the team of Honor thy Father) were Honor_Thy_Father_posterafforded with

due process in imposing the disqualification? What were the remedies available to those films disqualified by the MMFF? Can they appeal said

decision? The interpretation of the rule by the MMFF committee under section 4 of the MMFF rules is ambiguous and an ordinary layman could not even

understand the point at issue. In imposing the lightest penalty as they reasoned out during the probe, what were the parameters in imposing said

lightest penalty? Was that decided based from their previous precedents? Motu propio decided by them? How about reconsideration? More importantly

the prescriptive period in informing the ground for disqualification and since when it came to the knowledge of the people behind the subject movie. Some

say there were loopholes regarding the rules, what were these loopholes? Do these loopholes already exist prior to the screening of Honor thy Father? And

finally, was the decision arbitrary? This is not to make a side between the contending parties but this were only observations that need immediate attention.

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