Media Law SUMANGA, MONICA CLARA M.

Destruction from Necessity

The Fundamental Powers of the State and the Bill of Rights A right to self-defense and preservation
Employed by anyone (can be done by anyone)
Fundamental Powers: For the benefit of a private person
Without need for payment or just compensation
Eminent domain
Taxation
What is just compensation?
Police power
It is the full and fair equivalent of the property from the
Why are they fundamental or inherent? private owner by expropriator;
It must be fair and it depends upon the circumstances
They exist because the state exist
Formula: JC = VP CB + CD
The power exist independent of the constitution (the
JC = Just Compensation
constitution is not the basis for the existence of the
power CB = Consequential Benefits
CD = Consequential Damages
The state need these powers to exist and function
VP = Value of Property
Eminent Domain
Eminent is the power of the state to take private Should the just compensation be payable in cash?
property for public use after payment of just
As a general rule yes, however in our history, only one
compensation
was allowed to not pay in cash due to lack of cash
Art. 3 Sec. 9 private property shall not be taken for
(See Association of Small Land Owners of the
public use without just compensation
Philippines v. Secretary of Agrarian Reform
Conditions:
Taxation
Taking of private property
Taxation is the inherent power of the state to exact
When is private property taken?
proportional contributions from the people for some
Elements of Taking public purposes

The expropriator must enter a private property Taxes

Entry must be for more than a momentary period
Entry must be under warrant or color of legal authority Enforced proportional contributions from persons and
Property must be devoted to public use of injuriously property levied by the state by virtue of its sovereignty
affected for the support of the government for public needs
Utilization of property must be in such a way as to Other kinds of taxes:
oust the owner and deprive him of beneficial
Sales tax
enjoyment of the property
Documentary stamp tax
See United States v Causby
Makati (Local government tax)
Property tax
Who exercises the power of eminent domain?
Estate tax (inheritance tax)
Congress 2316 withholding tax

Not required to pay taxes:
Valid Delegation:
The President of the Philippines
Minimum wage earners
Local Government Units
Jobless
Public Corporations (NHA)
Quasi-public corporations (PNR) private entities that Why do we pay taxes?
perform government functions
Necessity Theory because its needed
What is the concept of public use? Benefits-protection Theory doctrine of symbolic
relationship
Whatever may be beneficially employed for the
general welfare satisfied the requirement Limitations to the power to tax
See Pascual v Secretary of Public Works and Inherent limitations imposed on the power by the
Highways power itself

Exceptions:
- For educational purposes
- Territoriality (carpark example)
Constitutional limitations imposed by the constitution
itself
Tax Treaties kapag nakapag bayad na ang citizen ko ng tax
sayo, nakapag bayad na rin siya sa akin
Concepts of Taxation:
Uniformity (geographical uniformity) kapag sa QC
nagtax ng 5% sa isang bote ng beer, dapat sa buong
QC yun
Progressive System the higher the income, the
higher the tax
Purposes of Taxation:
Primary to raise revenue
Secondary sin taxes to promote health/welfare of
the people
You tax people for the benefit of the general public
Primary holder of the power: Congress
Valid delegations: (1) President (2) LGUs
Police Power
It is an attribute that promotes the common good
It is the power to enact laws within constitutional
limits, to promote order, safety, health, morals and for
the general welfare of the society
Who exercises the power?
Congress
Valid delegations: (1) President (2) Administrative
Bodies (3) LGUs
How do we determine whether the exercise is valid?
(a) lawful subject interest of the people
(b) lawful means (1) is the subject a lawful subject? (2)
is the means used to regulate the subject lawful
means?
See White Light Corporation v. City of Manila (Motel Case)
The Supreme Court may not be correct but it is never wrong
Pascual, 2015
Bill of Rights
Bill of Rights exists to limit the exercise of governmental
powers
Rights v. Privileges v. Obligation
Obligation judicial necessity to give, to do or not to do, which
includes not to give.
Privilege not all people are given; you can do it or you cannot
do it
Right in its most basic, these are the rules which allows
citizes to do certain things
Kinds of Rights:
Natural Rights those rights that belong to man; right to live
(you dont need a law)
Human Rights rights which inheres in persons from the fact
of their humanity; by virtue of being human
Civil Rights those rights that belong to every citizen; right to
property, marriage, equal protection of the laws; was given to
you because you are part of the state
Human Rights therefore is Natural Rights plus Civil Rights
Political Rights right to participate, directly or indirectly in
establishment or administration of government, the right of
suffrage, the right to hold public office, the right of petition, etc.
Other rights:
Economic rights, social rights, cultural rights
What is the source of the right?
Natural (right to live) v. Constitutional (with constitutional
provision) v. Statutory (not natural nor constitutional; animal
rights)
Operation of the bill of rights is limited to the intrusion
of the government and not intrusion of a private
individual
See People v. Domatay (umamin sa abscbn reporter so he
cannot be protected by the law)
Bill of Rights protect life, liberty and property
Due Process Clause and the Equal Protection Guarantee
Due Process Clause
Constitutional Provision
Art. 3 Sec. 1 No person shall be deprived of life,
liberty and property without due process of law
Characterization:
There shall be a law prescribed in harmony with the
general powers of legislative
It shall be reasonable in operation
GAA General Appropriations Act*
It shall be enforced according to the methods of
procedure prescribed and
It shall be applicable alike to all citizens as of the state
or to all of a class
 (1) Parricide kamag-anak, ancestors, asawa,
Historically, the clause refers to the procedural fairness descendants
(2) Infanticide bata not more than 3 days old
Due Process Right a law that hears before it condemns
(3) Murder aggravating circumstances, planadong pag-
patay
Classifications:
(4) Homicide wala lang, pinatay mo lang siya
(1) Judicial Due Process (5) Death by Tumultuous Affray

The following must exist para walang violation: Due Process Clause

An impartial tribunal (it is objective, hindi bias, for or Judicial Due Process
against a person (Judge Paulo, Rafa example)
a) an impartial tribunal
Jurisdiction* that is lawfully acquired (*power of the
b) jurisdiction that is lawfully acquired
court to hear, try and decide cases)

Administrative Due Process

Kinds of Cases:
a) the right to a hearing
(1) Civil Case usually money or property, annulment,
b) the tribunal must consider the evidence presented
ejectment, specific performance
c) the decision must have something to support itself
(2) Criminal Case once you violate the penal law
d) the evidence must be substantial
Notice and opportunity to be heard; you must be e) the decision must be based on the evidence
notified, uy may hearing today presented
Judgement rendered after lawful hearing f) the tribunal must act on its own independent
consideration of the law and facts and not merely
Jurisdiction over the plaintiff accept the views of the subordination
kapangyarihan ng korte para mag-demanda g) the body should render its decision in such a manner
acquires this upon the filing of the complaint that the parties to the proceeding can know the
various issues involved and the reason for the
Jurisdiction over the defendant decision rendered

acquires this upon: (1) voluntary appearance (2) Substantial Evidence amount of evidence that a reasonable
compulsory processes mind may accept to support a conclusion (does not require
absolutism
Jurisdiction over the res (pinagaagawan)
Kinds of Due Processes
acquires this upon actual/constructive delivery to the
court a) Procedural Due Process (steps)

Jurisdiction over the issues Judicial

Administrative
acquires this upon filing of the complaint and answer
b) Substantial Due Process (substantive)
Jurisdiction over the subject matter
this serves as a restriction on the governments law
determined by law and rule making powers
st
example: ejectment (1 level courts) serves as protection against governmental
arbitrariness
Criminal Case it inquires whether the government has sufficient
justification for depriving a person of life, liberty and
Types of Jurisdiction
property
a) Jurisdiction over the subject matter
b) Jurisdiction over the accused can be obtained Substantive Due Process
through: (1) voluntary surrender (2) compulsory
Facial Challenges
processes
c) Jurisdiction over the territory kung saan nangyari void of vagueness doctrine
ang crime overbreadth doctrine

Kinds of pag-patay but not really: As Applied Challenge

Facial Challenge challenge to a statute in which the plaintiff
alleges that the legislation Is always unconstitutional and
therefore void.
As Applied Challenge alleges that a particular application of a
statute is unconstitutional
Chilling Effect refers to the inhibition or discouragement of
the legitimate exercise of a constitutional right by the potential
or threatened prosecution under or application of a law or
sanction. (right to speech)
GR (General Rule) : bawal ang epal
FC (Facial Challenge) : pasan ko ang daigdig
AP (as applied) : ang akin ay akin lamang
(Ang pwede mo lang i-question ay yung mga makaka-affect
sayo)
Strict Scrutiny Standard
standard of review, the focus is on the presence of
something rather than substantial governmental
interest and on the absence of less restrictive means
for achieving that interest
compelling government interest
Tools under Facial Challenge
(1) Void for Vagueness Test a law is vague when it
lacks comprehensive standards that men of common
intelligence must necessarily guess its common
meaning and differ to its application
The law is invalid because:
a. it violates the due process clause for failure to accord
persons fair notice of what conduct is to be avoided
b. it leaves law enforcers an unbridled discretion in
carrying out its provisions
see Reno v. ACLU
(2) The Overbreadth Doctrine the doctrine decrees that
a governmental purpose may not be achieved by
means which sweep unnecessarily broadly and
thereby invade the area of protected freedom
See David v. Arroyo
Issue: whether or not the overbreadth doctrine can be used to
challenge the validity of PP1017? no, the overbreadth
doctrine is not applicable
Test to determine governmental interference to guaranteed
freedoms:
a. Clear and Present Danger Rule the advocacy of
ideas cannot constitutionally be abridged unless there
is a clear and present danger. Question (1) proximity
(2) degree
b. Dangerous Tendency Rule there is a rational
tendency to create the danger apprehended be it far
or remote, thus government regulation would then be
allowed
c. Balancing of Interest Test which of the two
conflicting interests demand greater protection under
the particular circumstances presented:
when the particular conduct is regulated to the interest
of public order
and the regulation results in an indirect, conditional
and partial abridgement of speech
d. Reasonable Connection Test there is a reasonable
connection between the means used and the
legitimate governmental interest sought to be abused
Equal Protection Clause
Concept:
All persons or things similarly situated should be treated alike
both as to rights conferred and responsibilities imposed
Constitutional Basis: Art 3, Sec. 1 nor shall any person be
denied the equal protection of the laws
Elements:
1. Substantial Distinction there is a classification,
groupings, classes
2. Germane to the purpose of the law
3. Not limited to existing condition
4. Apply equally to all members of the same class
*germane relevant
groupings must be relevant to the purpose of the law
groupings must be transcend, not only today but in
the future
the distinction must not be temporary
Does the law allow discrimination? Yes, as long as the 4
elements are present
Copyright
Rights of the owner of the copyright:
1. Economic Rights 50 years after death
2. Moral Rights attributed to the owner forever
- 4 elements of copyright infringement
- Exceptions to copyright infringement
How substantial is substantial? when values are affected
Special Laws
Shield Law
R.A. no. 1477
Prohibits revelation of the source of any news report
or information unless the court or house of committed
 congress finds that such revelation is demanded by
the security of the state
1994 Congressman Edelmiro Amante authored a
bill to require media practitioners to reveal the source
of their news reports
No case on the shield law as of 2006 except the
Jurado case [ he refused to disclose info ]
Copyright
Statutory protection of an artists work giving the
creator or holder of the copyright the right to regulate
the publication, multiplication or use of the material for
a certain period of time
A legal right is given to the owner to determine how
the work is used and to obtain economic benefits from
the work
The holder of the copyright can authorize or prevent:
1. Reproduction of the work or substantial portion of the
work (most important because it will dictate how the
public will have access to it
2. Transformation of the work (dramatization, translation
or adaptation)
3. First public distribution of the original and first copy
4. Rental Rights
5. Public display of the original or copy
Copyright/Economic Right
The use of intellectual property or creations should
basically promote the creators personal and
economic gain;
Social Function of Copyright
2 objectives:
Encouraging of individuals to intellectual labor by
assuring them of just rewards
Securing to society the longest benefits of their
products
The Conflict between Copyright and Free Speech
Atty. Alex Ferdinand Fider freedom of speech stands on a
higher plane than the right or creators over their intellectual
creations
Copyright is merely a state policy in the 1987 constitution
Idea-expression Dichotomy copyright protects the form in
whch a work is expressed but does not protect the underlying
ideas or information in the work
Registration and Deposit with the Government
1972 (P.D. no. 49) registration was done for filing a
suit for damages
1998 IPC (Intellectual Property Code) registration
para maka-iwas sa fees
Under the present state of law, copyright for a work is
acquired by an intellectual creator from the moment of
creation even in the absence of registration and
deposit
Registration and deposit of 2 complete copies of the
work with the National Library within 3 weeks at first
public dissemination/performance of the work is just to
avoid penalty, for non-compliance and in order to
recover damages in an infringement suit (P.D. 49 is
amended)
Deposit is not being required for the existence of the
copyright because copyright exist from the moment of
creation.
Registration of Copyrights: National Library or
Supreme Court Library
Patents, Trademarks, Tradenames = Intellectual
Property Office (IPO)
Patent Right secured by a patent usually meaning a right to
the exclusive manufacture and sale of an invention or patented
article.
Trademark mark that distinguish your product from other
products
Tradename name that will distinguish your product from other
product
Service Mark distinguishes a particular service from other
services (not a product)
How Copyright is acquired
Sec. 2 of P.D. 49 the rights granted under this
Decree shall, from the moment of creation, subsist
with respect to any of the following classes of works
Sec. 172.2 of 1998 IPC works are protected by the
sole fact of their creation
Creation the presentation of a new conception or
idea in artistic embodiment
Implementing Offices and Remedies for Infringement
Implementing Offices:
Natl Library
SC Library
Remedies for Infringement
Administrative/Judicial IPO
Works Covered/Nature of Copyrights and Rights of Copyright
Owner
Sec. 172 of IPC enumerates 15 literary and artistic
works that enjoy copyright from the moment of
creation
 Literary Works original intellectual creations in Decompilation
literary/artistic domain issued from the moment of
their creation The reproduction of the code and translation of forms
of the computer program to achieve the inter-
1. books, articles, writings operability of an independently created computer
2. periodicals and newspapers program
3. lectures 4 factors that must be considered:
4. letters
5. dramatic compositions Purpose and character of use, whether commercial of
non-profit educational
6. musical compositions
7. works of art Nature of copyrighted work
8. illustrations related to science The amount and substantiality of the portion used
9. drawings The effect of the use upon the potential market for or
10. photographic works value of the copyrighted work
11. audiovisual works
Loss of Copyright
12. pictorial illustrations
13. computer programs During the life of the author and 50 years after his
14. other literary works, scientific and artistic death (duration)

*****Copyright is a formal intellectual property Freedom of Expression

1. press
Intellectual Property an expression of an idea in the form of
2. speech
information (any product at the mind interest)
3. right to assembly
It is comprised of: 4. right to petition

1. Industrial Property inventions, utility models, Why is it guaranteed?

industrial designs
a. patent 1. to search for the truth you need dialogue, constant
b. trademarks criticism and questioning; without these freedoms,
c. tradenames there can only be one perspective
d. service marks 2. for democracy to work these freedoms are the main
reason for democracy
2. Copyright 3. form of self-realization to find out who you are as a
person
Laws on Copyright
Limitations:
Spanish law on intellectual property
US Copyright law 1. Prior Restraint
An act to protect intellectual property (Act No. 3134)
RA no. 336 Civil Code of The Philippines di mo pa sinasabi, bawal na agad
P.D. no. 49 declared by Marcos official governmental restrictions on the press or other
forms of expression in advance of actual publication
R.A. 8293 present law on copyright
or dissemination
IPC (R.A. 8293)
2. Subsequent Punishment
IP was the subject of global scrutiny
WTO agreement agreement on Trade Related Opposite of Prior Restraint
aspects of Intellectual Property Rights (TRIPS) [did Na-exercise mo na yung freedom (Babst example)
not consider the impact of new technologies]
Exceptions:
Fair Use and Decompilation
In times of war
Fair Use Requirement of decency
Obscene and Nude expression
Sec 185.1 provides that fair use of copyrighted work Defamatory words (libelous)
for criticism, comment, news reporting, teaching Fighting words
including multiple copies for classroom use,
scholarship, research and similar purposes are not Speech
infringement of copyright.
 Same standards used for press
Level of protection varies
More premium to political than commercial
Right to Assembly and Petition

Public Assembly Act

The constitutional right of the people peaceably to

assemble and petition the government for redress of
grievances is essential and vital to the strength and
stability of the State. To this end, the State shall
ensure the free exercise of such right without
prejudice to the rights of others to life, liberty and
equal protection of the law.

Permit

Grant
3 days granted
Deny must have: (1) reasons (2) clear and present
danger rule (3) alternative place

Exceptions:

Rally in a freedom park

Private property
State universities/colleges

Philippine Sedition Law conduct based for unabiding the

government