Freedom of Expression - Team Buhay v Team Patay (RH
controversy involving speech of the
- Speech, expression, press church) - Expression - Archdiocese is not a political party, o Artworks, paintings, movies, COMELEC cannot exercise sculptures, jurisdiction over them o Verbal and Nonverbal speech - Church is allowed to express its own opinion about certain matters close Disini v Sec. of Justice to the teachings of the church - Cybercrime law - As applied doctrine 1-UTAK v v COMELEC o A penal law may be subject - PUVs to facial challenge, if the - w/n COMELEC can regulate the use injured party is able to cite a of Decals and Tarps on privately provision in the penal law is owned properties? injurious to the rights of the o Movables and immovables party. - COMELEC can regulate areas which have been identified as common Osmena v Comelec postering area - Access to media and use of public - In designated areas where common utilities during the election period posters can be hung by all political candidates, COMELEC can regulate SWS v COMELEC the size. But for private vehicles, SC - Publication of survey results states that we can hang whatever - Content neutral v Content Based speech In Re letter of UP Faculty of the alleged - Content neutral plagiarism of Del Castillo o What when where - Admin cases against members of the - Content based court are confidential in nature o Biased, opinions, - This matter involves an alleged lapse - Public Disclosure of individuals or of a member of the court entities which subscribed/ - They would never allow a public commissioned the survey hearing because it might diminish public confidence in the institution GMA Network et al. v COMELEC - Limiting the airtime of political IBP v Atienza candidates to an aggregate of 120 minutes Bayan Muna v Ermita - GMA- 120 minutes per network - Valid Delegation of powers nalang - Completeness Test o SC upheld this petition - Sufficient Standards Test - CPR Diocese of Bacolod v COMELEC o Calibrated, Pre-emptive Response. - BP 880 – allowed people to peacably assemble. (Maximum Tolerance) o SC: no such think as Calibrated, Pre-emptive Response. Struck down by SC
Pharmaceutical Healthcare v Duque
- Ultra vires on the part of duque to have issued his memo, that there should be a total ban about advertisements on substitute or formula milk. The milk code only calls for the use of breast milk