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Constitutional Law Case Digest Matrix Set 6 – Stef Macapagal

FREEDOM OF EXPRESSION

Title Facts Issue/s Ruling Doctrine


Bayan v. Ermita Bayan, KMU, and several W/N the requirement of a permit NO. BP 880 is not an absolute In cases involving liberty, the
GR Nos. 169838, 169848, individuals, after holding rallies before holding a rally curtails the ban of public assemblies but a scales of justice should weigh
169881 in different occasions, were right to peacefully assemble and restriction that simply regulates heavily against the government
25 April 2006 violently dispersed by policemen petition the government for the time, place, and manner of and in favor of the poor, the
Azcuna, J. implementing Batas Pambansa redress of grievances. the assemblies. Furthermore, the oppressed, the marginalized, and
No. 880 and the policy of permit can only be denied on the dispossessed, and the weak.
“Calibrated Pre-emptive ground of clear and present Indeed, laws and actions that
Response” being followed to danger to public order, public restrict fundamental rights come
implement the said BP. These safety, public convenience, to the courts with a heavy
groups and individuals seek to public morals, or public health. presumption against their
stop violent dispersals of rallies This is a recognized exception to validity. These laws and actions
under the “no permit, no rally” the exercise of the right even are subjected to heightened
and the CPR policies. under the Universal Declaration scrutiny.
of Human Rights and the
International Covenant on Civil Maximum tolerance means the
and Political Rights. However, highest degree of restraint that
because the rule on the the military, police, and other
establishment of freedom parks peace keeping authorities shall
was not followed, the court observe during a public assembly
declared that after 30 days from or in the dispersal of the same.
the finality of the decision, no
prior permit may be required for
the exercise of holding public
assemblies in any public park or
plaza of a city or municipality
until that city or municipality
shall have complied with the
institution of a freedom park. For
without such alternative forum,
to deny the permit would in
effect be to deny the right.
Advance notices should,
however, be given to authorities
to ensure proper coordination
and orderly proceedings.

W/N BP 880 is vague and/or NO. The law is very clear and is
overbroad. nowhere vague in its provisions.
“Public” does not have to be
defined. Its ordinary meaning is
well-known. Not every
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Constitutional Law Case Digest Matrix Set 6 – Stef Macapagal

expression of opinion is a public


assembly. The law refers to
“rally, demonstration, march,
parade, procession, or any other
form of mass or concerted action
held in a public place.” So it does
not cover any and all kinds of
gatherings. Neither is the law
overbroad. It regulates the
exercise of the right to peaceful
assembly and petition only to the
extent needed to avoid a clear
and present danger of the
substantive evils Congress has
the right to prevent.

W/N BP 880 constitutes prior NO. The content of the speech is


restraint/censorship. not relevant to the regulation.

W/N the CPR causes a chilling YES. In view of the maximum


effect on the exercise by the tolerance mandated by BP 880,
people of the right to peaceably CPR serves no valid purpose if it
assemble. means the same thing as
maximum tolerance and is illegal
if it means something else. The
CPR has no place in our legal
firmament and must be struck
down as a darkness that shrouds
freedom. It merely confuses our
people and is used by the police
agents to justify abuses.
MTRCB v. ABS-CBN In 1991, ABSCBN aired “Prosti- W/N “The Inside Story” should YES. The MTRCB has the There has been no declaration at
GR No. 155282 tuition,” an episode of the TV be subject to prior review and power to screen, review, and all by the framers of the
17 January 2005 program “The Inside Story,” approval before showing. examine all television programs, Constitution that freedom of
Sandoval-Gutierrez, J. depicting some female students under PD 1986. The only expression and the press has a
from PWU moonlighting as exceptions from the MTRCB’s preferred status.
prostitutes to enable them to pay power of review are those
for their tuition fees. When the expressly mentioned in Section 7
episode was shown with the of the said law.
façade of the PWU building
serving as the background of the W/N the MTRCB’s power to NO. MTRCB did not disapprove
episode, an uproar was caused in review televisions programs or ban the showing of the
the said school’s campus. PWU amounts to prior restraint. program. Neither did it cancel
filed letter-complaints with the ABSCBN’s permit. It was
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Constitutional Law Case Digest Matrix Set 6 – Stef Macapagal

MTRCB, alleging that the merely penalized for its failure to


episode besmirched the name of submit to MTRCB “The Inside
PWU and resulted in the Story” for review and approval.
harassment of some of its female
students.

The MTRCB then fined


ABSCBN P20k for not
submitting the program for prior
review. It was then decreed that
all subsequent programs of “The
Inside Story” and all other
ABSCBN programs should be
submitted to the MTRCB for
review and approval before
showing.

The RTC reversed the MTRCB.


Borjal v. CA Borjal, the President of W/N the “Jaywalker” articles YES. Privileged communications The doctrine of fair comment
GR No. 126466 PhilSTAR Daily, Inc., and constituted privileged must be protective of public means that while in general every
14 January 1999 Soliven, the publisher and communications as to exempt the opinion. Fair commentaries on discreditable imputation publicly
Bellosillo, J. chairman of the Editorial Board author from liability. matters of public interest are made is deemed false, because
of Philippine Star, were sued by privileged and constitute a valid every man is presumed innocent
Francisco Wenceslao for defense in an action for libel or until his guilt is judicially
allegedly alluding to him in the slander. There is no denying that proved, and every false
“Jaywalker” column, wherein he the questioned articles dealt with imputation is deemed malicious,
was portrayed as an extortionist matters of public interest, as the nevertheless, when the
by using the conference for the conference that Wenceslao was discreditable imputation is
revamp of transportation laws as allegedly soliciting funds for had directed against a public person
a means of getting money from the object to reinvent and in his public capacity, it is not
unwitting businessmen. reshape the transportation laws necessarily actionable. In order
Wenceslao filed a complaint with of the country. As such, it cannot that such discreditable
the National Press Club for but invite close scrutiny by the imputation to a public official be
unethical conduct, and with the media obliged to inform the actionable, it must either be a
courts for libel. The criminal public of the legitimacy of the false allegation of fact or a
case for libel was dismissed by purpose of the activity and of the comment based on a false
the Assistant Prosecutor, which qualifications and integrity of the supposition. If the comment is an
was sustained by the DOJ and by personalities behind it. expression of opinion, based on
the Office of the President. established facts, then it is
W/N Wenceslao is a public YES. A public figure is a person immaterial that the opinion
Undeterred, Wenceslao filed a figure. who, by his accomplishments, happens to be mistaken, as long
civil case against Borjal and fame, mode of living, or by as it might reasonably be inferred
Soliven based on the libel subject adopting a profession or calling from the facts.
of the criminal complaints. The which gives the public a
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Constitutional Law Case Digest Matrix Set 6 – Stef Macapagal

trial court ruled in Wenceslao’s legitimate interest in his doings, The privileged character of a
favor. The CA affirmed. his affairs and his character, has communication destroys the
become a “public personage.” It presumption of malice. Mere
includes anyone who has arrived error, inaccuracy, or even falsity
at a position where the public alone does not prove actual
attention is focused upon him as malice. Errors or misstatements
a person. As Executive Director are inevitable in any scheme of
and Spokesman of the said truly free expression and debate.
conference, Wenceslao Consistent with good faith and
consequently assumed the status reasonable care, the press should
of a public figure. not be held to account, to a point
of suppression, for honest
W/N Borjal acted with malice in NO. Borjal was moved by a mistakes or imperfections in the
the publication of the articles. sense of civic duty and prodded choice of language. There must
by his responsibility as a be some room for misstatement
newspaperman to expose and of fact as well as for
denounce what he perceived to misjudgment. Only by giving
be a public deception. Surely, we them much leeway and tolerance
cannot begrudge him for that. To can they courageously and
be considered malicious, the effectively function as critical
libelous statements must be agencies in our democracy.
shown to have been written or
published with the knowledge A privileged communication may
that they are false or in reckless be either absolutely privileged or
disregard of whether they are qualifiedly privileged.
false or not. The articles in the Absolutely privileged
instant case can hardly be said to communications are those which
have been written with are not actionable even if the
knowledge that these are false or author has acted in bad faith. An
in reckless disregard of what is example is found in Sec. 11, Art.
false or not. They were based on VI of the 1987 Constitution
reasonable grounds formed after which exempts a member of
the columnist conducted several Congress from liability for any
personal interviews and after speech or debate in the Congress
considering the varied or any Committee thereof. Upon
documentary evidence provided the other hand, qualifiedly
him by his sources. privileged communications
containing defamatory
imputations are not actionable
unless found to have been made
without good intention or
justifiable motive. To this genre
belong “private communications”
and “fair and true report without
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Constitutional Law Case Digest Matrix Set 6 – Stef Macapagal

any comments or remarks.”


ABSCBN v. COMELEC COMELEC passed a resolution W/N the freedoms of speech and YES. The freedoms of speech Doctrinally, the Court has always
GR No. 133486 issuing a restraining order on of the press also protect the and of the press should be upheld ruled in favor of the freedom of
28 January 2000 ABSCBN from conducting exit holding of exit polls and the when what is sought to be expression, and any restriction is
Panganiban, J. polls after the 1998 elections, dissemination of data derived curtailed is the dissemination of treated an exemption. Any act
upon the belief that such project therefrom. information meant to add that restrains speech should be
might conflict with the official meaning to the equally vital right greeted with furrowed brows. A
COMELEC count, as well as the of suffrage. When faced with government regulation is
unofficial quick count of the borderline situations in which the sufficiently justified if:
Namfrel. ABSCBN prayed for a freedom of a candidate to speak 1. It is within the
TRO against the COMELEC or the freedom of the electorate constitutional power of
resolution, which was granted by to know is invoked against the government;
the court. The exit polls were actions allegedly made to assure 2. It furthers an important
then actually conducted and clean and free elections, this or substantial
reported by the media without Court shall lean in favor of government interest;
any difficulty or problem. freedom. For in the ultimate 3. The government
analysis, the freedom of the interest is unrelated to
citizen and the State’s power to the suppression of free
regulate should not be expression;
antagonistic. There can be no 4. The incidental
free and honest elections if, in restriction on alleged
the efforts to maintain them, the First Amendment
freedom to speak and the right to freedoms is no greater
know are unduly curtailed. than is essential to the
furtherance of that
W/N the COMELEC’s absolute NO. The assailed COMELEC interest.
ban on exit polling is valid. resolution is too broad, since its
application without qualification Even though the government’s
as to whether the polling is purposes are legitimate and
disruptive or not. Concededly, substantial, they cannot be
the Omnibus Election Code pursued by means that broadly
prohibits disruptive behavior stifle fundamental personal
around the voting centers. There liberties, when the end can be
is no showing, however, that exit more narrowly achieved.
polls or the means to interview
voters cause chaos in voting
centers. Neither has any evidence
been presented proving that the
presence of exit poll reporters
near an election precinct tends to
create disorder or confuse the
voters.

Dissent: Kapunan, J.
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Constitutional Law Case Digest Matrix Set 6 – Stef Macapagal

The clear-and-present danger test


is not a sovereign remedy for all
free speech problems. It was
originally formulated for the
criminal law and only later
appropriated for free speech
cases. To apply the said test to
regulatory measures would be
like using a sledgehammer to
drive a nail when a regular
hammer is all that is needed.
Osmena v. COMELEC Emilio Osmena and Pablo W/N the ad ban is constitutional. YES. There is actually no
GR No. 132231 Garcia, candidates for public suppression of political ads but
31 March 1998 office in the 1998 elections, seek only a regulation of time and
Mendoza, J. to invalidate provision of RA manner of advertising. The term
6646 (Electoral Reform Law of political “ad ban” is actually
1987), which prohibits mass misleading, as although the
media from selling or giving free provision prohibits the sale or
of charge print space or air time donation of print space and air
for campaign or other political time to political candidates, it
purposes, except to the mandates the COMELEC to
COMELEC. They contend that procure and itself allocate to the
the ban has not only failed to candidates space and time in the
level the playing field, but media. In this case, there is no
actually worked to the grave total ban on political ads, much
disadvantage of the poor less restriction on the content of
candidates by depriving them of the speech.
a medium which they can afford
to pay while their affluent rivals
can always resort to other means
of reaching voters.

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