Title
GMA Network, Inc. vs. Movie and Television Review and Classification Board
Case
G.R. No. 148579
Decision Date
Feb 5, 2007
GMA Network suspended for airing "Muro Ami: The Making" without MTRCB permit. SC upheld MTRCB jurisdiction but voided suspension, citing unenforceable circular.

Case Digest (G.R. No. 148579)
Expanded Legal Reasoning Model

Facts:

  • Background of the Parties and Subject Matter
    • Petitioner GMA Network, Inc. operates UHF television station EMC Channel 27.
    • Respondent Movie and Television Review and Classification Board (MTRCB) regulates television programs under PD 1986.
  • Suspension Order and Procedural History
    • On January 7, 2000, MTRCB issued an order suspending EMC Channel 27 for seven days for airing “Muro Ami: The Making” without a permit, pursuant to Section 7 of PD 1986 and Memorandum Circular No. 98-17.
    • Petitioner moved for reconsideration and filed a letter-protest, both of which were effectively denied; it complied with the suspension from January 11, 2000.
    • Petitioner filed a certiorari petition with the Court of Appeals (CA), which on June 18, 2001 dismissed the petition and affirmed the suspension order in toto.
    • Petitioner elevated the case to this Court via a petition for review under Rule 45.

Issues:

  • Authority of MTRCB to Review “Muro Ami: The Making” Prior to Broadcast
    • Whether MTRCB’s statutory mandate under PD 1986 includes prior review of the subject program.
  • Enforceability of Memorandum Circular No. 98-17
    • Whether Memorandum Circular No. 98-17, as the basis for the suspension order, was validly promulgated and binding on petitioner.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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