Was Destiliria Limtuaco acting in an ethical manner? Justify your answer.

Principles Of Marketing
17th Edition
ISBN:9780134492513
Author:Kotler, Philip, Armstrong, Gary (gary M.)
Publisher:Kotler, Philip, Armstrong, Gary (gary M.)
Chapter1: Marketing: Creating Customer Value And Engagement
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Destileria Limtuaco, makers of the controversial Napoleon Quince brandy yesterday said they are now working for the disbarment of the lawyers who had filed a case against it before the Department of Justice over the "Nakatikim ka na ba ng kinse años?"ads.

"We were all fooled. Lawyers don’t do that. They aren’t supposed to foment the filing of fabricated cases," said Bonifacio Alentajan, lawyer for Destileria Limtuaco.

At a press conference in Quezon City yesterday, Alentajan said there is nothing in the brandy’s adevertising materials, especially in the billboards and posters, which show that Destileria Limtuaco is promoting child abuse and child prostitution.

"It (advertisement) does not suggest child prostitution or child trafficking. Those who see it that way either has a distorted sense of sight or has psychosis. They might have mistaken the (brandy) bottle with that of the body of a 15-year old girl. It is clear that the tagline refers to a brandy. There is no reference to a young girl here," Alentajan said.

Last Friday, lawyers Katrina Legarda, Eric Mallonga and Minerva Ambrosio along with child rights activists Maria Isabel Ongpin, and Ray Salvosa filed a case before the Department of Justice against officials of the Destileria Limtuaco and the SLG (Singson Lascano Group) advertising agency. They said the kinse años advertisement allegedly violated the law against the abuse and exploitation of children or Republic Act 7610 and the law against obscenity as contained in Article 201 of the Revised Penal Code.

In their joint affidavit, the complainants said the advertisements "offers a child to the public in an indecent, suggestive, obscene, and pornographic manner."

They added that the obscene advertisements deprave, corrupt and shock the ordinary and common sense of men.

Named respondents were Destileria Limtuaco directors and officers Julius Limpe, Betty Limpe Ngo, Lily Limpe, Olivia Limpe-Aw, Bessie Joy Limpe, Pastor G. Bustos, and Lourdes Galang as well as the officers of Convoy Marketing Corp., Limtuacos affiliate.

SLG ad agency officers Romy Singson and Jake Tadena were also included in the charge sheet.

The complainants added that the billboards were also accompanied by obnoxious, depraved, and vulgar ads over radio. In the radio commercial, a wife confronts her husband about his affair with a 15-year-old. She later forgives him after learning that the 15-year-old is actually a brandy.

Alentajan dismissed the case filed by the lawyers and child rights activists and the protest action taken by Gabriela as harassment.

"We will answer this. This is pure and simple harassment. We can charge them (Gabriela members) for perjury later and then have their lawyers disbarred," Alentajan said.

He also expressed confidence that the Department of Justice will dismiss the case lodged against Destiliria Limtuaco and SLG.
 
For its part, Gabriela said it would not stop in its protest campaign until all Napoleon Quince brandy billboards are taken down.

"We are not the only ones saying that the advertisement is offensive. There are many mothers and fathers who say that the advertisement is offensive. When you say 15-year-old, it usually connotes a person, said Gabriela secretary general Malu Jarabe.

Jarabe added that lawyers of Gabiela are now coordinating with the other complainants for the filing of a case against Destileria Limtuaco to be parallel with the one filed by Legarda before the DOJ.

"This will now be a fight to be carried on all fronts. We are now encouraging other sectors to voice out their opposition to the advertisement, said Jarabe.

Earlier Destileria Limtuaco, through their lawyer, lodged a P5-million civil case against the Advertising Board of the Philippines (AdBoard) after it ordered the pullout of the Napoleon Quince advertising materials, including radio plugs and billboards.

In filing the case, Destileria Limtuaco said the AdBoard and its executive director, Oscar Valenzuela, usurped and continue to usurp functions of the Department of Trade and Industry, the Movie and Television Review and Classification Board and the National Telecommunications Commission when it ordered the pullout of the said advertising materials.
 
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Was Destiliria Limtuaco acting in an ethical manner? Justify your answer.
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