Title
Source: Supreme Court
Viva Productions, Inc. vs. Court of Appeals
Case
G.R. No. 123881
Decision Date
Mar 13, 1997
A high-profile case involving the Vizconde Massacre, where a movie about the NBI's star witness led to legal disputes over forum shopping, jurisdiction, and prior restraint on free speech.

Case Summary (G.R. No. 123881)

Factual Background

The NBI charged Webb and others with rape with homicide based on Jessica Alfaro’s sworn statement. Viva Productions contracted Alfaro for a biographical film scheduled to premiere on September 11, 1995, and publicly exhibit from September 13. Webb asserted that promoting or exhibiting the film would violate the sub judice rule and infringe his rights as an accused.

Trial Court Orders

RTC Parañaque, upon Webb’s contempt petition and after viewing the film, issued a Cease and Desist Order (September 8, 1995) barring the premiere, public exhibition, and marketing of the movie. Concurrently, Webb obtained an ex parte temporary restraining order from RTC Makati enjoining the film’s promotion and exhibition nationwide.

Court of Appeals Decision

Viva Productions sought relief via certiorari in the Court of Appeals without first moving for reconsideration in the trial courts. The CA consolidated the petitions and, on December 13, 1995, dismissed them, sustaining the RTC orders.

Legal Issues Presented

  1. Whether RTC Parañaque unreasonably curtailed Freedom of Expression absent a clear and present danger.
  2. Whether RTC Makati validly exercised jurisdiction over an injunction action identical to the contempt proceedings in RTC Parañaque.
  3. Whether Webb committed forum shopping by filing duplicative actions in two coordinate courts.

Forum Shopping Analysis

The Supreme Court found that Webb’s civil injunction case in Makati and his contempt petition in Parañaque sought the same preliminary relief—preventing the film’s exhibition under the sub judice rule—thus constituting willful forum shopping in violation of Administrative Circulars No. 28-91 and 04-94. Although the contempt proceeding (criminal contempt) and the injunction with damages (civil) are formally distinct, the identical objective and relief rendered the Makati action a subterfuge. RTC Makati abused its discretion by not deferring to RTC Parañaque, consolidating the cases, or suspending proceedings to avoid conflicting orders.

Sub Judice Rule and Jurisdiction

Once RTC Parañaque acquired jurisdiction over the contempt petition and the sub judice issue, it precluded concurrent jurisdiction by other courts on that same question. Permitting both courts to adjudicate the identical issue risked conflicting injunctions and disorderly administration of justice.

Free Expression Consideration

Having resolved the case on forum shopping grounds, the Court did not reach whether the prior restraint met the “cle

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