Case Summary (G.R. No. 155282)
Petitioner
MTRCB, through its Legal Counsel and Investigating Committee, alleged that ABS-CBN and Loren Legarda violated their duty to secure prior review and approval of the program under Presidential Decree No. 1986 and the Board’s implementing rules.
Respondents
ABS-CBN Broadcasting Corporation and Loren Legarda maintained that The Inside Story is a public affairs program, news documentary, and socio-political editorial protected by the Constitution’s guarantee of freedom of expression and of the press. They argued that it falls outside the scope of MTRCB’s prior‐review power.
Key Dates
• October 15, 1991 – Airing of the contested episode.
• February 5, 1993 – MTRCB Investigating Committee decision imposing a ₱20,000 fine and ordering future submissions.
• March 12, 1993 – MTRCB Chairman’s decision affirming the fine.
• April 14, 1993 – Denial of MTRCB motion for reconsideration.
• November 18, 1997 – RTC Branch 77 decision annulling MTRCB orders and enjoining enforcement.
• August 26, 2002 – Denial of MTRCB motion for reconsideration before the RTC.
• January 17, 2005 – Supreme Court decision under review.
Applicable Law
1987 Constitution • Article III, Section 4 (freedom of speech, of expression, or of the press)PD No. 1986 • Sections 3(b), 3(c), 3(d), 4, 7, and 11 (granting MTRCB power to screen, review, approve, disapprove, censor, prohibit, and penalize unauthorized exhibition of all motion pictures and television programs)MTRCB Rules (1993) • Sections 3, 7, and 28(a) requiring prior review and imposing administrative penalties
Facts
ABS-CBN aired an episode showing female students engaging in prostitution to fund tuition. PWU officials lodged letters of complaint with MTRCB, alleging defamation and harassment. MTRCB’s Legal Counsel initiated formal proceedings, charging failure to submit the program for review and unauthorized exhibition.
Procedural History
The MTRCB Investigating Committee fined respondents ₱20,000 and mandated prior review of The Inside Story and similar programs. The Board Chairman affirmed. Respondents sought certiorari relief before the RTC, challenging the constitutionality of the relevant PD No. 1986 provisions and MTRCB rules, and obtaining nullification of the MTRCB decisions and a permanent injunction.
Issues Presented
Whether MTRCB possesses statutory authority to review and require prior approval of The Inside Story, classified as a public affairs program, and whether its enforcement constitutes an unconstitutional prior restraint on freedom of expression and of the press.
Contentions of the Petitioner MTRCB
- PD No. 1986 and implementing rules clearly encompass “all television programs,” including public affairs, news documentaries, and socio-political editorials.
- Television content is more widely accessible than print and merits comparable regulation.
- Requiring submission does not amount to impermissible prior restraint.
- The reviewed provisions do not violate constitutional guarantees.
Contentions of Respondents
- The Inside Story is akin to a newspaper editorial, protected by Article III, Section 4 of the Constitution, and outside the MTRCB’s purview.
- The statutory scheme effects an unconstitutional prior restraint on press freedom.
Statutory Scope of MTRCB Review Power
Section 3(b) of PD No. 1986 vests the Board with the power to “screen, review and examine all television programs.” Absent an express exception, the term “all” encompasses every category of television content, without qualification.
Application of Statutory Construction
Invoking the maxim ubi lex non distinguit, courts may not judicially carve exceptions beyond those specified by the legislature. The Supreme Court relied on Iglesia ni Cristo v. CA, which held that even religious programs are subject to MTRCB review, underscoring that the statute’s unqualified term “all television programs” admits no implied exclusions.
Constitutional Claims and Exceptions
Respondents’ reliance on the freedom of expression and of the press does not confer a “preferred status” equivalent to freedom of religion, which the Court had already declined to exempt in Iglesia ni Cristo. The only statutory exemptions are government-produced programs and newsreels under Section 7 of PD No. 1986.
Scope of “Newsreel” Under PD 1986 and Rules
“Newsreels” are defined as straight news reporting of ac
...continue readingCase Syllabus (G.R. No. 155282)
Facts
- On October 15, 1991 at 10:45 p.m., ABS-CBN aired “Prosti-tuition,” an episode of the public affairs program “The Inside Story” produced and hosted by Loren Legarda.
- The episode depicted female students engaging in prostitution to pay tuition, featuring interviews with student-prostitutes, pimps, customers, and some faculty members.
- The façade of the Philippine Women’s University (PWU) building was prominently shown, and PWU was identified as the school of some of the students involved.
- The broadcast prompted letter-complaints from PWU’s Chancellor Dr. Leticia P. de Guzman and the PWU Parents and Teachers Association, alleging defamation of the university’s name and harassment of its students.
MTRCB Administrative Proceedings
- The MTRCB Legal Counsel filed a formal complaint before the MTRCB Investigating Committee, alleging that ABS-CBN and Legarda violated Section 7 of PD No. 1986 and Sections 3 and 7 of the MTRCB Rules by airing “The Inside Story” without prior submission and approval.
- Respondents contended that the program was a public affairs news documentary and socio-political editorial protected by constitutional freedom of expression and press, hence beyond MTRCB’s prior-review power.
- On February 5, 1993, the Investigating Committee ordered respondents to pay ₱20,000 for non-submission, and required all future episodes of “The Inside Story” and similar programs to be submitted for MTRCB review.
- The MTRCB Chair affirmed this decision on March 12, 1993; a motion for reconsideration was denied on April 14, 1993.
RTC Proceedings and Ruling
- Respondents filed a certiorari action with RTC Branch 77, Quezon City, challenging the constitutionality of various provisions of PD No. 1986 and the MTRCB Rules, or alternatively seeking exclusion of “The Inside Story” from their coverage.
- On November 18, 1997, the RTC:
• Annulled a