Case Digest (G.R. No. 212670)
Facts:
Movie and Television Review and Classification Board (MTRCB) v. ABC Development Corp., doing business under the name and style Associated Broadcasting Company (TV5), G.R. No. 212670, July 06, 2022, First Division, Hernando, J., writing for the Court. Petitioner MTRCB challenged the Court of Appeals’ March 7, 2013 Decision and May 15, 2014 Resolution that set aside the MTRCB Hearing and Adjudication Committee’s May 30, 2012 decision in MTRCB ADM. CASE No. 008-2012. The MTRCB decision had found probable cause that hosts of TV5’s program T3 Kapatid Sagot Kita (the Tulfo brothers) violated Section 3(c) of Presidential Decree No. 1986 and imposed a three-month suspension, a P100,000 fine, and probationary/per-episode permit conditions after suspension.On May 7, 2012, the Tulfo brothers made profane and threatening remarks on air regarding an alleged mauling of their brother Ramon; MTRCB special agents reported the incident and the MTRCB Chief Legal Counsel recommended formal adjudication. TV5 directed the hosts to explain their conduct; the hosts apologized. On May 9, 2012 TV5 warned the hosts and—while noting possible termination—reduced its internal sanction to a three-episode suspension. On May 10, 2012, the MTRCB Hearing and Adjudication Committee issued a 20-day preventive suspension pending adjudication.
TV5 filed a Rule 65 petition (certiorari and prohibition) with the Court of Appeals on May 11, 2012 and later sought relief before the CA and then the CA granted a TRO and preliminary injunction in CA-G.R. SP No. 125005. The MTRCB proceeded and on May 30, 2012 issued the full sanction described above. TV5 filed a Rule 43 petition for review with the Court of Appeals asking the MTRCB Decision be set aside and secured a TRO; the CA, in its March 7, 2013 Decision, held that (among other things) the utterances were ordinary threats not unprotected “fighting words,” and that TV5’s self-regulation under its franchise (Republic Act No. 7831) made MTRCB’s...(Subscriber-Only)
Issues:
- Was the MTRCB’s determination that the Tulfo brothers’ utterances violated Section 3(c) of Presidential Decree No. 1986 valid?
- Were the sanctions imposed by the MTRCB (three-month suspension, P100,000 fine, and probation/per-episode permit) warranted despite TV5’s self-regulatory measures under its franchise (RA 7831), or did they amount to uncon...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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