Eastern Broadcasting Corp (DYRE) v. Dans Jr.

137 SCRA 628

L-59329
July 19, 1985
Facts: A petition was filed to reopen the Radio Station DYRE. DYRE was summarily closed on
grounds of national security. The radio station was allegedly used to incite people to sedition.
Petitioner, DYRE contends that they were denied due process. There was no hearing to establish
factual evidence for the closure. Furthermore, the closure of the radio station violates freedom of
expression. Before the court could even promulgate a decision upon the Issue raised, Petitioner,
through its president Mr. Rene Espina, filed a motion to withdraw the petition. The rights of the
station were sold to a new owner, Manuel Pastrana; who is no longer interested in pursuing the
case. Despite the case becoming moot and academic, (because there are no longer interested
parties, thus the dismissal of the case) the Supreme Court still finds that there is need to pass a
RESOLUTION for the guidance of inferior courts and administrative tribunals in matters as this
case.
Issue:
Whether or not due process was exercised in the case of DYRE.
Whether or not the closure of DYRE is a violation of the Constitutional Right of Freedom of
Expression.
Held: The court finds that the closure of the Radio Station in 1980 as null and void. The absence of
a hearing is a violation of Constitutional Rights. The primary requirements in administrative
proceedings are laid down in the case of Ang Tibay v. Court of Industrial Relation (69 Phil.635). The
Ang Tibay Doctrine should be followed before any broadcast station may be closed. The Ang Tibay
Doctrine provides the following requirements:
(1) The right to hearing, includes the right to present ones case and submit evidence presented.
(2) The tribunal must consider the evidence presented
(3) The decision must have something to support itself.
(4) Evidence must be substantial (reasonable evidence that is adequate to support conclusion)
(5) Decision must be based on the evidence presented at hearing
(6) The tribunal body must act on its own independent consideration of law and facts and not simply
accept subordinates views

(7) Court must render decision in such a manner that the proceeding can know the various issued
involved and reasons for decisions rendered.
The court stresses that while there is no controlling and precise definition of Due Process, it gives an
unavoidable standard that government actions must conform in order that deprivation of life, liberty
and property is valid.
The closure of the radio station is like wise a violation of the constitutional right of freedom of speech
and expression. The court stresses that all forms of media, whether print or broadcast are entitled to
this constitutional right. Although the government still has the right to be protected against
broadcasts which incite the listeners to violently overthrow it. The test for the limitation of freedom of
expression is the clear and present danger rule. If in the circumstances that the media is used in
such nature as to create this danger that will bring in such evils, then the law has the right to prevent
it. However, Radio and television may not be used to organize a rebellion or signal a start of
widespread uprising. The freedom to comment on public affairs is essential to the vitality of a
representative democracy. The people continues to have the right to be informed on public affairs
and broadcast media continues to have the pervasive influence to the people being the most
accessible form of media. Therefore, broadcast stations deserve the the special protection given to
all forms of media by the due process and freedom of expression clauses of the Constitution