Sandra Patricia M. Palileo AB MC #1 PRIOR RESTRAINT/SUBSEQUENT PUNISHMENT CHAVEZ VS.

. GONZALES Facts: As a consequence of the public release of copies of the Hello Garci compact disc audiotapes involving a wiretapped mobile phone conversation between then-President Gloria Arroyo and Comelec Commissioner Virgilio Garcillano, respondent DOJ Secretary Gonzales warned reporters that those who had copies of the CD and those broadcasting or publishing its contents could be held liable under the Anti-Wiretapping Act. He also stated that persons possessing or airing said tapes were committing a continuing offense, subject to arrest by anybody. Finally, he stated that he had ordered the NBI to go after media organizations found to have caused the spread, the playing and the printing of the contents of a tape. Meanwhile, respondent NTC warned TV and radio stations that their broadcast/airing of such false information and/or willful misrepresentation shall be a just cause for the suspension, revocation and/or cancellation of the licenses or authorizations issued to the said

media establishments. Petitioner Chavez filed a petition under Rule 65 against respondents Secretary Gonzales and the NTC directly with the Supreme Court. Issues: (1) Will a purported violation of law such as the Anti-Wiretapping Law justify straitjacketing the exercise of freedom of speech and of the press? (2) Did the mere press statements of respondents DOJ Secretary and the NTC constitute a form of content-based prior restraint that has transgressed the Constitution? Held: (1) No, a purported violation of law such as the Anti-Wiretapping Law will not justify straitjacketing the exercise of freedom of speech and of the press. A governmental action that restricts freedom of speech or of the press based on content is given the strictest scrutiny, with the government having the burden of overcoming the presumed unconstitutionality by the clear and present danger rule. This rule applies equally to all kinds of media, including broadcast media. Respondents, who have the burden to show that these acts do not abridge freedom of speech and of the press, failed to hurdle the clear and present danger test. For this failure of the respondents alone to offer proof to satisfy the clear and present danger

test, the Court has no option but to uphold the exercise of free speech and free press. There is no showing that the feared violation of the antiwiretapping law clearly endangers the national security of the State. (2) Yes, the mere press statements of respondents DOJ Secretary and the NTC constituted a form of content-based prior restraint that has transgressed the Constitution. It is not decisive that the press statements made by respondents were not reduced in or followed up with formal orders or circulars. It is sufficient that the press statements were made by respondents while in the exercise of their official functions. Any act done, such as a speech uttered, for and on behalf of the government in an official capacity is covered by the rule on prior restraint. The concept of an act does not limit itself to acts already converted to a formal order or official circular. Otherwise, the non formalization of an act into an official order or circular will result in the easy circumvention of the prohibition on prior restraint. NEWSOUNDS vs. DY Facts: Bombo Radyo operates several radio stations under the AM and FM band throughout the Philippines. These stations are operated by

corporations organized and incorporated by Bombo Radyo, one of which is petitioner Newsounds Broadcasting Network, Inc. (Newsounds). In 1996, Newsounds commenced relocation of its broadcasting stations on a property located in Cauayan City in Isabela. The property is owned by CBS Development Corporation (CDC), an affiliate corporation under the Bombo Radyo network which holds title over the properties. On 28 June 1996, CDC was issued by the then municipal government of Cauayan a building a mayors permit authorizing the construction of a commercial establishment on the property. However, on 15 January 2002, petitioners were denied of their application for the renewal of the mayors permit. The city government however denied their application. Petitioners were again denied of their renewal of mayors permit for the years 2003 and 2004. On 17 February 2004, the legal officers of Cauayan city , arrived at

the property of petitioners and closed the radio stations. Petitioners proceeded to file a petition with the Commission on Elections (COMELEC) seeking enforcement of the Omnibus Election Code, which prohibited the closure of radio stations during the then-pendency of the election period. On 23 March 2004, the COMELEC issued an order directing the parties to maintain the status prevailing before 17 February 2004, thus allowing the operation of the radio stations, and petitioners proceeded to operate the stations the following day. Within hours, respondent Mayor Ceasar Dy issued a Closure Order dated 24 March 2004, stating therein that since petitioners did not have the requisite permits before 17 February 2004, the status quo meant that the stations were not in fact allowed to operate. Through the intervention of the COMELEC, petitioners were able to resume operation of the stations. On 16 May 2004, the COMELEC directed the maintenance of the status quo

until 9 June 2004, the date of the end of the election period. Petitioners were thus able to continue operations until 10 June 2004, the day when respondents yet again closed the radio stations. This closure proved to be more permanent. On 15 April 2004, petitioners filed a petition for mandamus, with the RTC of Cauayan City. The petition was accompanied by an application for the issuance of temporary restraining order and writ of preliminary prohibitory injunction, both provisional reliefs being denied by the RTC. Due to the aforementioned closure of the radio stations on 10 June 2004, petitioners filed with the RTC a Motion for the Issuance of a Writ of Preliminary Mandatory Injunction dated 15 June 2004, praying that said writ be issued to allow petitioners to resume operations of the radio stations. No hearing would be conducted on the motion, nor would it be formally ruled on by the RTC. On 14 September 2004, the RTC rendered a Decision denying the

petition for mandamus. The Decision made no reference to the application for a writ of preliminary mandatory injunction. Petitioners filed an MR, citing the trial courts failure to hear and act on the motion for preliminary mandatory injunction as a violation of the right to due process. RTC denied MR. Petitioners initiated two separate actions with the Court of Appeals following the rulings of the RTC. On 13 December 2004, they filed a Petition for Certiorari under Rule 65, imputing grave abuse of discretion on the part of the RTC for denying their application for preliminary mandatory injunction. On the same day, petitioners also filed a Notice of Appeal with the RTC, this time in connection with the denial of their petition for mandamus. Petitioners maintain that the lower court acted with grave abuse of discretion when it impliedly denied their motion for the issuance of a writ of preliminary mandatory injunction without any hearing. Issue: erred Whether the in denying lower courts petitioners

application for preliminary mandatory injunction Held: Yes, petition is granted. Section 5 of Rule 58 prescribes a mandatory hearing and prior notice to the party or person sought to be enjoined if preliminary injunction should be granted. It imposes no similar requirement if such provisional relief were to be denied. We in fact agree with the Court of Appeals that "if on the face of the pleadings, the applicant for preliminary injunction is not entitled thereto, courts may outrightly deny the motion without conducting a hearing for the purpose." The Court is disinclined to impose a mandatory hearing requirement on applications for injunction even if on its face, injunctive relief is palpably without merit or impossible to grant. We do not wish though to dwell on this point, as there is an even more fundamental point to consider. Even as we decline to agree to a general that the denial of an application for injunction requires a prior hearing, we believe in this case that petitioners deserved not only a

hearing on their motion, but the very writ itself.

Soriano vs. La Guardia Facts: On August 10, 2004, at around 10:00 p.m., petitioner, as host of the program Ang Dating Daan, aired on UNTV 37, made obscene remarks against INC. Two days after, before the MTRCB, separate but almost identical affidavit-complaints were lodged by Jessie L. Galapon and seven other private respondents, all members of the Iglesia ni Cristo (INC), against petitioner in connection with the above broadcast. Respondent Michael M. Sandoval, who felt directly alluded to in petitioners remark, was then a minister of INC and a regular host of the TV program Ang Tamang Daan. Issue: Are Sorianos statements during the televised Ang Dating Daan part of the religious discourse and within the protection of Section 5, Art.III? Held: No. Under the circumstances obtaining in this case, therefore, and considering the adverse effect of petitioners utterances on the

viewers fundamental rights as well as petitioners clear violation of his duty as a public trustee, the MTRCB properly suspended him from appearing in Ang Dating Daan for three months. Furthermore, it cannot be properly asserted that petitioners suspension was an undue curtailment of his right to free speech either as a prior restraint or as a subsequent punishment. Aside from the reasons given above (re the paramountcy of viewers rights, the public trusteeship character of a broadcasters role and the power of the State to regulate broadcast media), a requirement that indecent language be avoided has its primary effect on the form, rather than the content, of serious communication. There are few, if any, thoughts that cannot be expressed by the use of less offensive language.

accreditation as a party-list organization to public respondent. However, due to moral grounds, the latter denied the said petition. To buttress their denial, COMELEC cited certain biblical and quranic passages in their decision. It also stated that since their ways are immoral and contrary to public policy, they are considered nuissance. In fact, their acts are even punishable under the Revised Penal Code in its Article 201. A motion for reconsideration being denied, Petitioner filed this instant Petition on Certiorari under Rule 65 of the ROC. Ang Ladlad argued that the denial of accreditation, insofar as it justified the exclusion by using religious dogma, violated the constitutional guarantees against the establishment of religion. Petitioner also claimed that the Assailed Resolutions contravened its constitutional rights to privacy, freedom of speech and assembly, and equal protection of laws, as well as constituted violations of the Philippines international obligations against discrimination based on sexual orientation. In its Comment, the COMELEC reiterated that petitioner does not have a concrete and genuine national political agenda to benefit the nation and that the petition was validly dismissed on moral grounds. It also

argued for the first time that the LGBT sector is not among the sectors enumerated by the Constitution and RA 7941, and that petitioner made untruthful statements in its petition when it alleged its national existence contrary to actual verification reports by COMELECs field personnel. Issue: WON Respondent violated the Non-establishment clause of the Constitution; WON Respondent erred in denying Petitioners application on moral and legal grounds. Held: Respondent mistakenly opines that our ruling in Ang Bagong Bayani stands for the proposition that only those sectors specifically enumerated in the law or related to said sectors (labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals) may be registered under the party-list system. As we explicitly ruled in Ang Bagong Bayani-OFW Labor Party v. Commission on Elections, the enumeration of marginalized and under-represented sectors is not exclusive. The crucial element is not whether a sector is specifically enumerated, but whether a particular organization complies with the requirements of the Constitution and RA 7941.

ANG LADLAD VS. COMELEC Facts: Petitioner is a national organization which represents the lesbians, gays, bisexuals, and transgenders. It filed a petition for

Our Constitution provides in Article III, Section 5 that [n]o law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. At bottom, what our non-establishment clause calls for is government neutrality in religious matters. Clearly, governmental reliance on religious justification is inconsistent with this policy of neutrality. We thus find that it was grave violation of the nonestablishment clause for the COMELEC to utilize the Bible and the Koran to justify the exclusion of Ang Ladlad. Be it noted that government action must have a secular purpose. Respondent has failed to explain what societal ills are sought to be prevented, or why special protection is required for the youth. Neither has the COMELEC condescended to justify its position that petitioners admission into the party-list system would be so harmful as to irreparably damage the moral fabric of society. We also find the COMELECs reference to purported violations of our penal and civil laws flimsy, at best; disingenuous, at worst. Article 694 of the Civil Code defines a nuisance as any act, omission, establishment, condition of property, or anything else which shocks, defies, or disregards decency or morality, the remedies for which are a

prosecution under the Revised Penal Code or any local ordinance, a civil action, or abatement without judicial proceedings. A violation of Article 201 of the Revised Penal Code, on the other hand, requires proof beyond reasonable doubt to support a criminal conviction. It hardly needs to be emphasized that mere allegation of violation of laws is not proof, and a mere blanket invocation of public morals cannot replace the institution of civil or criminal proceedings and a judicial determination of liability or culpability. As such, we hold that moral disapproval, without more, is not a sufficient governmental interest to justify exclusion of homosexuals from participation in the party-list system. The denial of Ang Ladlads registration on purely moral grounds amounts more to a statement of dislike and disapproval of homosexuals, rather than a tool to further any substantial public interest. NPC VS. COMELEC Facts: Petitioners in these cases consist of representatives of the mass media which are prevented from selling or donating space and time for political advertisements; two (2) individuals who are candidates for office (one for national and the other

for provincial office) in the coming May 1992 elections; and taxpayers and voters who claim that their right to be informed of election Issue and of credentials of the candidates is being curtailed. It is principally argued by petitioners that Section 11 (b) of Republic Act No. 66461 invades and violates the constitutional guarantees comprising freedom of expression. Petitioners maintain that the prohibition imposed by Section 11 (b) amounts to censorship, because it selects and singles out for suppression and repression with criminal sanctions, only publications of a particular content, namely, media-based election or political propaganda during the election period of 1992. It is asserted that the prohibition is in derogation of media's role, function and duty to provide adequate channels of public information and public opinion relevant to election Issue. Further, petitioners contend that Section 11 (b) abridges the freedom of speech of candidates, and that the suppression of media-based campaign or political propaganda except those appearing in the Comelec space of the newspapers and on Comelec time of radio and television broadcasts, would bring about a substantial reduction in the quantity or volume of information concerning candidates and Issue in the election thereby

curtailing and limiting the right of voters to information and opinion. Issue: Whether or Not Section 11 (b) of Republic Act No. 6646 constitutional. Held: Yes. It seems a modest proposition that the provision of the Bill of Rights which enshrines freedom of speech, freedom of expression and freedom of the press has to be taken in conjunction with Article IX (C) (4) which may be seen to be a special provision applicable during a specific limited period i.e., "during the election period." In our own society, equality of opportunity to proffer oneself for public office, without regard to the level of financial resources that one may have at one's disposal, is clearly an important value. One of the basic state policies given constitutional rank by Article II, Section 26 of the Constitution is the egalitarian demand that "the State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law." The essential question is whether or not the assailed legislative or administrative provisions constitute a permissible exercise of the power of supervision or regulation of the operations of communication and information enterprises during an election period,

or whether such act has gone beyond permissible supervision or regulation of media operations so as to constitute unconstitutional repression of freedom of speech and freedom of the press. The Court considers that Section 11 (b) has not gone outside the permissible bounds of supervision or regulation of media operations during election periods. Section 11 (b) is limited in the duration of its applicability and enforceability. By virtue of the operation of Article IX (C) (4) of the Constitution, Section 11 (b) is limited in its applicability in time to election periods. Section 11 (b) does not purport in any way to restrict the reporting by newspapers or radio or television stations of news or newsworthy events relating to candidates, their qualifications, political parties and programs of government. Moreover, Section 11 (b) does not reach commentaries and expressions of belief or opinion by reporters or broadcasters or editors or commentators or columnists in respect of candidates, their qualifications, and programs and so forth, so long at least as such comments, opinions and beliefs are not in fact advertisements for particular candidates covertly paid for. In sum, Section 11 (b) is not to be read as reaching any report or commentary other coverage that, in

responsible media, is not paid for by candidates for political office. Section 11 (b) as designed to cover only paid political advertisements of particular candidates. The limiting impact of Section 11 (b) upon the right to free speech of the candidates themselves is not unduly repressive or unreasonable KAPUNAN VS. DE VILLA Facts: prohibition and/or habeas corpus, petitioners, who were implicated in the unsuccessful coup d'etat of August 28, 1987 and relieved of their duties in the Philippine Military Academy (PMA), seek the issuance of the writs of certiorari and prohibition (1) to set aside, as null and void, the "pre-trial investigation" report finding a prima facie case against them and recommending their trial for mutiny and conduct unbecoming an officer and the denial of their motion for reconsideration, and (2) to enjoin respondent General Court Martial No. 8 from further proceeding in the case of "People v. Lt. Col. Eduardo Kapunan, et al." Further, petitioner Kapunan seeks the issuance of a writ of habeas corpus to procure his release from confinement. In the

aftermath of the failed August 28, 1987 coup d'etat where cadets of the Philippine Military Academy reportedly openly supported the plotters and issued statements to that effect. PMA Board of Officers to investigate the alleged involvement of officers and cadets of the PMA [Rollo, p. 187]. A fact-finding investigation was conducted by the PMA Board from September 1 to 11, 1987 and on September 23, 1987 it submitted its findings to the AFP Chief of Staff. Charge sheets were filed against petitioners for mutiny and conduct unbecoming an officer and a "pre-trial investigation" was conducted by respondent Maj. Baldonado. Kapunan was allegedly summoned to the General Headquarters of the AFP for a dialogue, but upon his arrival thereat on September 4, 1987 he was ordered confined under "house arrest" by then Chief of Staff Gen. Fidel Ramos. On February 19, 1988, the arrest of petitioner Kapunan, together with three (3) others, was ordered by respondent Chief of Staff De Villa in connection with the killing of Atty. Rolando Olalia and Leonore Alay-ay

Issue: Whether or not the house arrest or confinement of Kapunan is illegal Ruling: the Court Resolved to DISMISS the Petition. The Court finds that petitioner Kapunan's continued confinement is not tainted with illegality. Among the grounds for the disallowance of the writ of habeas corpus is that the applicant has been charged with or convicted of in offense [Sec. 4, Rule 102, Rules of Court]. In the instant case, petitioner Kapunan had been charged with mutiny, a serious offense punishable by death or such other punishment as a court-martial may direct. There is a legal cause of his confinement. Art. 70. Arrest or confinement.Any person subject to military law charged with crime or with a serious offense under these Articles shall be placed in confinement or in arrest, as circumstances may require; but when charged with a minor offense only, such person shall not ordinarily be placed in confinement. Any person placed in arrest under the provisions of this article shall thereby be restricted to his barracks, quarters, or tent, unless such limits shall be enlarged by proper authority. ...

It cannot be gainsaid that certain liberties of persons in the military service, including the freedom of speech, may be circumscribed by rules of military discipline. Thus, to a certain degree, individual rights may be curtailed, because the effectiveness of the military in fulfilling its duties under the law depends to a large extent on the maintenance of discipline within its ranks. BLO V. COMELEC Facts: COMELEC promulgated Resolution No. 2347 which provides that decals and stickers may be posted only in any of the authorized posting areas, prohibiting posting in "mobile" places, public or private. Petitioner Blo Umpar Adiong, a senatorial candidate in the May 11, 1992 elections now assails the Resolution. In addition, the petitioner believes that with the ban on radio, television and print political advertisements, he, being a neophyte in the field of politics stands to suffer grave and irreparable injury with this prohibition. Issue: Whether COMELECs unconstitutional. or Not the prohibition

Held: The prohibition unduly infringes on the citizen's fundamental right of free speech. The preferred freedom of expression calls all the more for the utmost respect when what may be curtailed is the dissemination of information to make more meaningful the equally vital right of suffrage. The so-called balancing of interests individual freedom on one hand and substantial public interests on the other is made even more difficult in election campaign cases because the Constitution also gives specific authority to the Commission on Elections to supervise the conduct of free, honest, and orderly elections. When faced with border line situations where freedom to speak by a candidate or party and freedom to know on the part of the electorate are invoked against actions intended for maintaining clean and free elections, the police, local officials and COMELEC, should lean in favor of freedom. The regulation of election campaign activity may not pass the test of validity if it is too general in its terms or not limited in time and scope in its application, if it restricts one's expression of belief in a

candidate or one's opinion of his or her qualifications, if it cuts off the flow of media reporting, and if the regulatory measure bears no clear and reasonable nexus with the constitutionally sanctioned objective. The posting of decals and stickers in mobile places like cars and other moving vehicles does not endanger any substantial government interest. There is no clear public interest threatened by such activity so as to justify the curtailment of the cherished citizen's right of free speech and expression. Under the clear and present danger rule not only must the danger be patently clear and pressingly present but the evil sought to be avoided must be so substantive as to justify a clamp over one's mouth or a writing instrument to be stilled. The regulation strikes at the freedom of an individual to express his preference and, by displaying it on his car, to convince others to agree with him. A sticker may be furnished by a candidate but once the car owner agrees to have it placed on his private vehicle, the expression becomes a statement by the owner, primarily his own and not

of anybody else. The restriction as to where the decals and stickers should be posted is so broad that it encompasses even the citizen's private property, which in this case is a privately-owned vehicle. In consequence of this prohibition, another cardinal rule prescribed by the Constitution would be violated. Section 1, Article III of the Bill of Rights provides that no person shall be deprived of his property without due process of law. The prohibition on posting of decals and stickers on "mobile" places whether public or private except in the authorized areas designated by the COMELEC becomes censorship. Gonzales v COMELEC Facts: RA 4880 which took effect on June 17, 1967, prohibiting the too early nomination of candidates and limiting the period of election campaign or partisan political activity was challenged on constitutional grounds. More precisely, the basic liberties of free speech and free press, freedom of assembly and freedom of association are invoked to nullify the act. Petitioner Cabigao

was, at the time of the filing the petition, an incumbent councilor in the 4th District of Manila and the Nacionalista Party official candidate for Vice-Mayor of Manila to which he was subsequently elected on November 11, 1967; petitioner Gonzales, on the other hand, is a private individual, a registered voter in the City of Manila and a political leader of his co-petitioner. There was the further allegation that the nomination of a candidate and the fixing of period of election campaign are matters of political expediency and convenience which only political parties can regulate or curtail by and among themselves through selfrestraint or mutual understanding or agreement and that the regulation and limitation of these political matters invoking the police power, in the absence of clear and present danger to the state, would render the constitutional rights of petitioners meaningless and without effect. Senator Lorenzo M. Taada was asked to appear as amicus curiae, and elucidated that Act No. 4880 could indeed be looked upon as a limitation on the preferred rights of speech and press, of assembly and of association. He did justify its

enactment however under the clear and present danger doctrine, there being the substantive evil of elections, whether for national or local officials, being debased and degraded by unrestricted campaigning, excess of partisanship and undue concentration in politics with the loss not only of efficiency in government but of lives as well. The Philippine Bar Association, the Civil Liberties Union, the U.P. Law Center and the U.P. Women Lawyers' Circle were requested to give their opinions. Respondents contend that the act was based on the police power of the state. Issue: Whether unconstitutional. or Not RA 4880

Held: Yes. As held in Cabansag v. Fernandez there are two tests that may supply an acceptable criterion for permissible restriction on freedom of speech. These are the clear and present danger rule and the 'dangerous tendency' rule. The first, means that the evil consequence of the comment or utterance must be extremely serious and the degree of imminence extremely high before the utterance can be punished. The danger to be guarded against is the

'substantive evil' sought to be prevented. It has the advantage of establishing according to the above decision a definite rule in constitutional law. It provides the criterion as to what words may be publicly established. The "dangerous tendency rule" is such that If the words uttered create a dangerous tendency which the state has a right to prevent, then such words are punishable. It is not necessary that some definite or immediate acts of force, violence, or unlawfulness be advocated. It is sufficient that such acts be advocated in general terms. Nor is it necessary that the language used be reasonably calculated to incite persons to acts of force, violence, or unlawfulness. It is sufficient if the natural tendency and probable effect of the utterance be to bring about the substantive evil which the legislative body seeks to prevent. The challenged statute could have been more narrowly drawn and the practices prohibited more precisely delineated to satisfy the constitutional requirements as to a valid limitation under the clear and present danger doctrine. As the

author Taada clearly explained, such provisions were deemed by the legislative body to be part and parcel of the necessary and appropriate response not merely to a clear and present danger but to the actual existence of a grave and substantive evil of excessive partisanship, dishonesty and corruption as well as violence that of late has invariably marred election campaigns and partisan political activities in this country. The very idea of a government, republican in form, implies a right on the part of its citizens to meet peaceably for consultation in respect to public affairs and to petition for redress of grievances. As in the case of freedom of expression, this right is not to be limited, much less denied, except on a showing of a clear and present danger of a substantive evil that Congress has a right to prevent. The prohibition of any speeches, announcements or commentaries, or the holding of interviews for or against the election of any party or candidate for public office and the prohibition of the publication or distribution of campaign literature or materials, against the solicitation of

votes whether directly or indirectly, or the undertaking of any campaign literature or propaganda for or against any candidate or party is repugnant to a constitutional command. LAGUNZAD VS. SOTO/GONZALES (?) Facts: The present controversy stems from a "Licensing Agreement" entered into by and between petitioner Manuel M. Lagunzad and private respondent Maria Soto Vda. de Gonzales. Petitioner Manuel Lagunzad, a newspaperman, began the production of a movie entitled "The Moises Padilla Story" under the name of his own business outfit, the "MML Productions." It was based mainly on the copyrighted but unpublished book of Atty. Ernesto Rodriguez, Jr., entitled "The Long Dark Night in Negros" subtitled "The Moises Padilla Story," 1 the rights to which petitioner had purchased from Atty. Rodriguez in the amount of P2,000.00. Although the emphasis of the movie was on the public life of Moises Padilla, there were portions which dealt with his private and family life including the portrayal in some scenes, of his mother, Maria

Soto Vda. de Gonzales, private respondent herein, and of one "Auring" as his girl friend. Mrs. Amante, for and in behalf of her mother, private respondent, demanded in writing for certain changes, corrections and deletions in the movie. Petitioner takes the position that he was pressured into signing the Agreement because of private respondent's demand, through Mrs. Amante, for payment for the "exploitation" of the life story of Moises Padilla, otherwise, she would "call a press conference declaring the whole picture as a fake, fraud and a hoax and would denounce the whole thing in the press, radio, television and that they were going to Court to stop the picture. Issue: Whether or not the Licensing agreement infringes his right to freedom of speech and the press Ruling: Petition for Review is denied and the judgment appealed from hereby affirmed. Costs against petitioner . While it is true that petitioner had purchased the rights to the book entitled "The Moises Padilla Story," that did not dispense with the need for prior consent and authority

from the deceased heirs to portray publicly episodes in said deceased's life and in that of his mother and the members of his family. As held in Schuyler v. Curtis, 14 "a privilege may be given the surviving relatives of a deceased person to protect his memory, but the privilege exists for the benefit of the living, to protect their feelings and to prevent a violation of their own rights in the character and memory of the deceased." Petitioner's averment that private respondent did not have any property right over the life of Moises Padilla since the latter was a public figure, is neither well taken. Being a public figure ipso facto does not automatically destroy in toto a person's right to privacy. The right to invade a person's privacy to disseminate public information does not extend to a fictional or novelized representation of a person, no matter how public a figure he or she may be. . A contract is valid even though one of the parties entered into it against his own wish and desires, or even against his better judgment. neither do we find merit in petitioner's contention that the Licensing

Agreement infringes on the constitutional right of freedom of speech and of the press, in that, as a citizen and as a newspaperman, he had the right to express his thoughts in film on the public life of Moises Padilla without prior restraint. The right of freedom of expression, indeed, occupies a preferred position in the "hierarchy of civil liberties. Another criterion for permissible limitation on freedom of speech and of the press, which includes such vehicles of the mass media as radio, television and the movies, is the "balancing-of-interests test. the interests observable are the right to privacy asserted by respondent and the right of -freedom of expression invoked by petitioner. the Licensing Agreement entered into by petitioner, the validity of such agreement will have to be upheld particularly because the limits of freedom of expression are reached when expression touches upon matters of essentially private concern. ZALDIVAR VS. GONZALES Facts: The case stemmed from the resolution of the Supreme Court stopping the respondent from investigating graft cases involving

Antique Gov. Enrique Zaldivar. The Court ruled that since the adoption of the 1987 Constitution, respondents powers as Tanodbayan have been superseded by the creation of the Office of the Ombudsman, he however becomes the Special Prosecutor of the State, and can only conduct an investigation and file cases only when so authorized by the Ombudsman. A motion for reconsideration was filed by the respondent wherein he included statements which were unrelated in the Issue raised in the Court. This include: (a)That he had been approached twice by a leading member of the court and he was asked to 'go slow on Zaldivar and 'not to be too hard on him; (b) That he "was approached and asked to refrain from investigating the COA report on illegal disbursements in the Supreme Court because 'it will embarass the Court;" and (c) that in several instances, the undersigned respondent was called over the phone by a leading member of the Court and was asked to dismiss the cases against two Members of the Court." Statements of the respondent saying that the SCs order '"heightens the people's apprehension over the

justice system in this country, especially because the people have been thinking that only the small fly can get it while big fishes go scotfree was publicized in leading newspapers. Now, the Court Resolved to require respondent to explain in writing why he should not be punished for contempt of court for making such public statements reported in the media. Respondent then sought to get some members of the Court to inhibit themselves in the resolution of the Zaldivar case for alleged bias and prejudice against him. A little later, he in effect asked the whole Court to inhibit itself from passing upon the Issue involved in proceeding and to pass on responsibility for this matter to the Integrated Bar of the Philippines, upon the ground that respondent cannot expect due process from this Court, that the Court has become incapable of judging him impartially and fairly. The Court found respondent guilty of contempt of court and indefinitely suspended from the practice of law. Now, he assails said conviction, invoking his freedom of speech. Counsel for respondent urges that it

is error "for this Court to apply the "visible tendency" rule rather than the "clear and present danger" rule in disciplinary and contempt charges." Issue: Whether or Not there was a violation of the freedom of speech/expression. Held: There was no violation. The Court did not purport to announce a new doctrine of "visible tendency," it was simply paraphrasing Section 3 (d) of Rule 71 of the Revised Rules of Court which penalizes a variety of contumacious conduct including: "any improper conduct tending, directly or indirectly, to impede, obstruct or degrade the administration of justice." Under either the "clear and present danger" test or the "balancing-ofinterest test," the Court held that the statements made by respondent Gonzalez are of such a nature and were made in such a manner and under such circumstances, as to transcend the permissible limits of free speech. What is here at stake is the authority of the Supreme Court to confront and prevent a "substantive evil" consisting not only of the obstruction of a free and fair hearing

of a particular case but also the avoidance of the broader evil of the degradation of the judicial system of a country and the destruction of the standards of professional conduct required from members of the bar and officers of the courts, which has some implications to the society. #2 INDIVIDUAL LIABILITY INC VS. CA Facts: Petitioner has a television program entitled "Ang Iglesia ni Cristo" aired on Channel 2 every Saturday and on Channel 13 every Sunday. The program presents and propagates petitioner's religious beliefs, doctrines and practices often times in comparative studies with other religions. Petitioner submitted to the respondent Board of Review for Moving Pictures and Television the VTR tapes of its TV program Series Nos. 116, 119, 121 and 128. The Board classified the series as "X" or not for public viewing on the ground that they "offend and constitute an attack against other religions which is expressly prohibited by law." On November 28, 1992, it appealed to the Office of the President the classification of its TV Series No. 128 which allowed it through a letter of former Executive Secretary Edelmiro A. Amante, Sr., addressed for

Henrietta S. Mendez reversing the decision of the respondent Board. According to the letter the episode in is protected by the constitutional guarantee of free speech and expression and no indication that the episode poses any clear and present danger. Petitioner also filed Civil Case. Petitioner alleged that the respondent Board acted without jurisdiction or with grave abuse of discretion in requiring petitioner to submit the VTR tapes of its TV program and in x-rating them. It cited its TV Program Series Nos. 115, 119, 121 and 128. In their Answer, respondent Board invoked its power under PD No. 19861 in relation to Article 201 of the Revised Penal Code. The Iglesia ni Cristo insists on the literal translation of the bible and says that our (Catholic) veneration of the Virgin Mary is not to be condoned because nowhere it is found in the bible. The board contended that it outrages Catholic and Protestant's beliefs. RTC ruled in favor of petitioners. CA however reversed it hence this petition. Issue: Whether or Not the "ang iglesia ni cristo" program is not constitutionally protected as a form of religious exercise and expression. Held: Yes. Any act that restrains speech is accompanied with presumption of invalidity. It is the

burden of the respondent Board to overthrow this presumption. If it fails to discharge this burden, its act of censorship will be struck down. This is true in this case. So-called "attacks" are mere criticisms of some of the deeply held dogmas and tenets of other religions. RTCs ruling clearly suppresses petitioner's freedom of speech and interferes with its right to free exercise of religion. attack is different from offend any race or religion. The respondent Board may disagree with the criticisms of other religions by petitioner but that gives it no excuse to interdict such criticisms, however, unclean they may be. Under our constitutional scheme, it is not the task of the State to favor any religion by protecting it against an attack by another religion. Religious dogmas and beliefs are often at war and to preserve peace among their followers, especially the fanatics, the establishment clause of freedom of religion prohibits the State from leaning towards any religion. Respondent board cannot censor the speech of petitioner Iglesia ni Cristo simply because it attacks other religions, even if said religion happens to be the most numerous church in our country. The basis of freedom of religion is freedom of thought and it is best served by encouraging the marketplace of dueling ideas. It is only where it is unavoidably

necessary to prevent an immediate and grave danger to the security and welfare of the community that infringement of religious freedom may be justified, and only to the smallest extent necessary to avoid the danger. There is no showing whatsoever of the type of harm the tapes will bring about especially the gravity and imminence of the threatened harm. Prior restraint on speech, including religious speech, cannot be justified by hypothetical fears but only by the showing of a substantive and imminent evil. It is inappropriate to apply the clear and present danger test to the case at bar because the issue involves the content of speech and not the time, place or manner of speech. Allegedly, unless the speech is first allowed, its impact cannot be measured, and the causal connection between the speech and the evil apprehended cannot be established. The determination of the question as to whether or not such vilification, exaggeration or fabrication falls within or lies outside the boundaries of protected speech or expression is a judicial function which cannot be arrogated by an administrative body such as a Board of Censors." A system of prior restraint may only be validly administered by judges and not left to administrative agencies.

Reyes Vs. Bagatsing Facts: Petitioner sought a permit from the City of Manila to hold a peaceful march and rally on October 26, 1983 from 2:00 to 5:00 in the afternoon, starting from the Luneta to the gates of the United States Embassy. Once there, and in an open space of public property, a short program would be held. The march would be attended by the local and foreign participants of such conference. That would be followed by the handing over of a petition based on the resolution adopted at the closing session of the Anti-Bases Coalition. There was likewise an assurance in the petition that in the exercise of the constitutional rights to free speech and assembly, all the necessary steps would be taken by it "to ensure a peaceful march and rally. However the request was denied. Reference was made to persistent intelligence reports affirming the plans of subversive/criminal elements to infiltrate or disrupt any assembly or congregations where a large number of people is expected to attend. Respondent suggested that a permit may be issued if it is to be held at the

Rizal Coliseum or any other enclosed area where the safety of the participants themselves and the general public may be ensured. An oral argument was heard and the mandatory injunction was granted on the ground that there was no showing of the existence of a clear and present danger of a substantive evil that could justify the denial of a permit. However Justice Aquino dissented that the rally is violative of Ordinance No. 7295 of the City of Manila prohibiting the holding of rallies within a radius of five hundred (500) feet from any foreign mission or chancery and for other purposes. Hence the Court resolves. Issue: Whether or Not the freedom of expression and the right to peaceably assemble violated. Held: Yes. The invocation of the right to freedom of peaceable assembly carries with it the implication that the right to free speech has likewise been disregarded. It is settled law that as to public places, especially so as to parks and streets, there is freedom of access. Nor is their use dependent on who is the applicant for the permit, whether an individual or a group. There can be no legal objection,

absent the existence of a clear and present danger of a substantive evil, on the choice of Luneta as the place where the peace rally would start. Time immemorial Luneta has been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the public places has from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. With regard to the ordinance, there was no showing that there was violation and even if it could be shown that such a condition is satisfied it does not follow that respondent could legally act the way he did. The validity of his denial of the permit sought could still be challenged. A summary of the application for permit for rally: The applicants for a permit to hold an assembly should inform the licensing authority of the date, the public place where and the time when it will take place. If it were a private place, only the consent of the owner or the one entitled to its legal possession is required. Such

application should be filed well ahead in time to enable the public official concerned to appraise whether there may be valid objections to the grant of the permit or to its grant but at another public place. It is an indispensable condition to such refusal or modification that the clear and present danger test be the standard for the decision reached. Notice is given to applicants for the denial. Cabansag vs Fernandez Facts: This is a contempt proceeding. Apolonio Cabansag and his lawyers Roberto V. Merrera were found guilty and sentenced the first to pay a fine of P20 and the last two P50 each with the warning that a repetition of the of offense will next time be heavily dealt with. Apolonio Cabansag filed on January 13, 1947 in the Court of First Instance of Pangasinan a complaint seeking the ejectment of Geminiana Fernandez, et al. from a parcel of land. the court, presided over by Judge Villamor upon petition of both parties, ordered the stenographers who took down the notes during the previous hearings to transcribe them within 15 days upon payment of their fees, and the hearing was postponed

until the transcript of said notes had been submitted. Notwithstanding the failure of the stenographers to transcribe their notes, the hearing was set. , Judge Pasicolan presiding, issued an order suggesting to the parties to arrange with the stenographers who took down the notes to transcribe their respective notes and that the case would be set for hearing after the submission of the transcript. From December 9, 1952 to August 12, 1954, no further step was taken either by the court or any of the contending parties in the case. . , President Magsaysay assumed office, he issued Executive Order No. I creating the Presidential Complaints and Action Commission (PCAC), Apolonio Cabansag, apparently irked and disappointed by the delay in the disposition of his case, wrote the PCAC, a letter copy which he furnished the Secretary of Justice and the Executive Judge of the Court of First Instance of Pangasinan. Atty. Manuel Fernandez, counsel for defendants, filed a motion before Judge Morfe praying that Apolonio Cabansag be declared in contempt of court for an alleged scurrilous remark he made in his letter to the PCAC to the effect that

he, Cabansag, has long been deprived of his land "thru the careful maneuvers of a tactical lawyer", to which counsel for Cabansag replied with a counter-charge praying that Atty. Fernandez be in turn declared in contempt because of certain contemptuous remarks made by him in his pleading. Judge Morfe dismissed both charges but ordered Cabansag to show cause in writing within 10 days why he should not be held liable for contempt for sending the above letter to the PCAC which tended to degrade the court in the eyes of the President and the people. Cabansag filed his answer stating that he did not have the idea to besmirch the dignity or belittle the respect due the court nor was he actuated with malice when he addressed the letter to the PCAC. order requiring also said attorneys to show cause why they should not likewise be held for contempt for having committed acts which tend to impede, obstruct or degrade the administration of justice Issue: whether or not the Cabansag should be held in contempt for his remarks.

Ruling: the decision appealed from is reversed, without pronouncement as to costs. the criticism refers, not to the court, but to opposing counsel whose tactical maneuvers" has allegedly caused the undue delay of the case. The grievance or complaint, if any, is addressed to the stenographers for their apparent indifference in transcribing their notes. The only disturbing effect of the letter which perhaps has been the motivating factor of the lodging of the contempt charge by the trial judge is the fact that the letter was sent to the Office of the President asking for help because of the precarious predicament of Cabansag. To be so the danger must cause a serious imminent threat to the administration of justice. Nor can we infer that such act has "a dangerous tendency" to belittle the court or undermine the administration of justice for the writer merely exercised his constitutional right to petition the government for redress of a legitimate grievance. The fact is that even the trial court itself has at the beginning entertained such impression when it found that the criticism was directed not against the court but against the

counsel of the opposite party, and that only on second thought did it change its mind when it developed that the act of Cabansag was prompted by the advice of his lawyers. Cabansag cannot certainly be blamed for entertaining the belief that the only way by which he could obtain redress of his grievance is to address his letter to the PCAC which after all is the office created by the late President to receive and hear all complaints against officials and employees of the government to facilitate which the assistance and cooperation of all the executive departments were enjoined VIVA VS. CA FACTS: In 1990, ABS-CBN and Viva executed a Film Exhibition Agreement whereby ABS-CBN was given the right of first refusal to the next twenty-four (24) Viva films for TV telecast under such terms as may be agreed upon by the parties hereto, provided, however, that such right shall be exercised by ABS-CBN from the actual offer in writing. Consequently, Viva, through defendant Del Rosario, offered ABSCBN, through its vice-president Charo Santos-Concio, a list of three(3) film

packages (36 titles) from which ABSCBN may exercise its right of first refusal under the afore-said agreement. ABS CBN rejected said list. On February 27, 1992, Del Rosario approached Ms. Concio, with a list consisting of 52 original movie titles, as well as 104 re-runs from which ABS-CBN may choose another 52 titles, or a total of 156 titles, proposing to sell to ABS-CBN airing rights over this package of 52 originals and 52 re-runs for P60,000,000.00. The package was rejected by ABS-CBN. On April 06, 1992, Del Rosario and Mr. Graciano Gozon of RBS discussed the terms and conditions of Vivas offer to sell the 104 films.

On April 07, 1992, defendant Del Rosario received through his secretary, a handwritten note from Ms. Concio which reads: Heres the draft of the contract. I hope you find everything in order, to which was attached a draft exhibition agreement, a counter-proposal covering 53 films for a consideration

of P35 million. The said counterproposal was however rejected by Vivas Board of Directors. On April 29, 1992, Viva granted RBS the exclusive right to air 104 Vivaproduced and/or acquired films including the fourteen (14) films subject of the present case. ABS-CBN then filed a a complaint for specific performance. RTC rendered a decision in favor of RBS and VIVA and against ABS-CBN, ruling that there was no meeting of minds on the price and terms of the offer. Furthermore, the right of first refusal under the 1990 Film Exhibition Agreement had previously been exercised per Ms. Concios letter to Del Rosario ticking off ten titles acceptable to them, which would have made the 1992 agreement an entirely new contract. The Court of Appeals affirmed the decision of the RTC. Hence, this petition. ISSUES 1. Whether or not there was no perfected contract between petitioner and private respondent 2. Whether or not ABS-CBN has already exercised its right of first refusal

HELD 1. The issue should be resolved against ABS-CBN. Contracts that are consensual in nature are perfected upon mere meeting of the minds. Once there is concurrence between the offer and the acceptance upon the subject matter, consideration, and terms of payment a contract is produced. The offer must be certain. To convert the offer into a contract, the acceptance must be absolute and must not qualify the terms of the offer; it must be plain, unequivocal, unconditional, and without variance of any sort from the proposal. A qualified acceptance, or one that involves a new proposal, constitutes a counter-offer and is a rejection of the original offer. Consequently, when something is desired which is not exactly what is proposed in the offer, such acceptance is not sufficient to generate consent because any modification or variation from the terms of the offer annuls the offer. Even if it be conceded arguendo that Del Rosario had accepted the counter-offer, the acceptance did not bind VIVA, as there was no proof whatsoever that Del Rosario had the specific authority to do so. That Del

Rosario did not have the authority to accept ABS-CBNs counter-offer was best evidenced by his submission of the draft contract to VIVAs Board of Directors for the latters approval. In any event, there was between Del Rosario and Lopez III no meeting of minds. 2. Yes. ABS-CBNs right of first refusal had already been exercised when Ms. Concio wrote to VIVA ticking off ten films. As observed by the trial court, the subsequent negotiation with ABS-CBN was for an entirely different package. Ms. Concio herself admitted on crossexamination to having used or exercised the right of first refusal. She stated that the list was not acceptable and was indeed not accepted by ABS-CBN. Del Rosario himself knew and understood that ABS-CBN has lost its rights of the first refusal when his list of 36 titles were rejected. Sources: http://karissafaye.blogspot.co m/2009/12/digests-article-iiisections-5-8.html

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