CORONA VS UNITED HARBOUR PILOT GR NO 127980

Held:

CASE DIGEST

THERE IS NO DISPUTE THAT PILOTAGE AS A APROFESSION

FACTS: : IN ISSUING ADMINISTRATIVE ORDER NO. 04-92

HAS TAKEN ON THE NATURE OF A PROPERTY RIGHT. IT IS

Immediately apparent from a reading of respondents'

(PPA-AO NO. 04-92), LIMITING THE TERM OF

READILY APPARENT THAT PPA-AO NO. 04-92 UNDULY

comment and memorandum is the fact that they had

APPOINTMENT OF HARBOR PILOTS TO ONE YEAR SUBJECT

RESTRICTS THE RIGHT OF HARBOR PILOTS TO ENJOY

never conducted proceedings of any sort to determine

TO YEARLY RENEWAL OR CANCELLATION

THEIR PROFESSION BEFORE THEIR COMPULSORY

whether or not petitioners-students had indeed led or

ON AUGUST 12, 1992, RESPONDENTS UNITED HARBOUR

RETIREMENT

participated in activities within the university premises,

PILOTS ASSOCIATION AND THE MANILA PILOTS

ASSOCIATION, THROUGH CAPT. ALBERTO C. COMPAS,
QUESTIONED PPA-AO NO. 04-92
ON DECEMBER 23, 1992, THE OP ISSUED AN ORDER
DIRECTING THE PPA TO HOLD IN ABEYANCE THE
IMPLEMENTATION OF PPA-AO NO. 04-92ON
MARCH 17, 1993, THE OP, THROUGH THEN ASSISTANT
EXECUTIVE SECRETARY FOR LEGAL AFFAIRS RENATO C.
CORONA, DISMISSED THE APPEAL/PETITION AND LIFTED
THE RESTRAINING ORDER ISSUED EARLIER
RESPONDENTS FILED A PETITION FOR CERTIORARI,
PROHIBITION AND INJUNCTION WITH PRAYER FOR THE
ISSUANCE OF A TEMPORARY RESTRAINING ORDER AND
DAMAGES, BEFORE BRANCH 6 OF THE REGIONAL TRIAL
COURT
ISSUE: WON PPA-AO-04-92 IS CONSTITUTIONAL
HELD: THE COURT IS CONVINCED THAT PPA-AO NO. 04-92
WAS ISSUED IN STARK DISREGARD OF RESPONDENTS'
RIGHT AGAINST DEPRIVATION OF PROPERTY WITHOUT
DUE PROCESS OF LAW. THE SUPREME COURT SAID THAT
IN ORDER TO FALL WITHIN THE AEGIS OF THIS
PROVISION, TWO CONDITIONS MUST CONCUR, NAMELY,
THAT THERE IS A DEPRIVATION AND THAT SUCH
DEPRIVATION IS DONE WITHOUT PROPER OBSERVANCE
OF DUE PROCESS. AS A GENERAL RULE, NOTICE AND
HEARING, AS THE FUNDAMENTAL REQUIREMENTS OF
PROCEDURAL DUE PROCESS, ARE ESSENTIAL ONLY WHEN
AN ADMINISTRATIVE BODY EXERCISES ITS QUASI-JUDICIAL
FUNCTION. IN THE PERFORMANCE OF ITS EXECUTIVE OR
LEGISLATIVE FUNCTIONS, SUCH AS ISSUING RULES AND
REGULATIONS, AN ADMINISTRATIVE BODY NEED NOT
COMPLY WITH THE REQUIREMENTS OF NOTICE AND
HEARING

conducted without prior permit from school authorities,

that disturbed or disrupted classes therein or perpetrated

Diosdado Guzman vs. National University

acts of vandalism, coercion and intimidation, slander,

Facts:

noise barrage and other acts showing disdain for and

Petitioners Diosdado Guzman, Ulysses Urbiztondo and

Ariel

Ramacula,

students

of

respondent

National

University, seek relief from what they described as their

school's "continued and persistent refusal to allow them
to enrol."
In their petition on August 7, 1984 for extraordinary legal
and equitable remedies with prayer for preliminary
mandatory injunction, they alleged that they were denied
due to the fact that they were active participation in
peaceful mass actions within the premises of the
University.
The respondents on the other hand claimed that the
petitioners failure to enroll for the first semester of the
school year 1984-1985 is due to their own fault and not

defiance of University authority. The pending civil case for

damages and a criminal case for malicious mischief
against petitioner Guzman, cannot, without more, furnish
sufficient warrant for his expulsion or debarment from reenrollment. Also, apparent is the omission of respondents
to cite this Court to any duly published rule of theirs by
which students may be expelled or refused re-enrollment
for poor scholastic standing.
To satisfy the demands of procedural due process, the
following requisites must be met:
1.

the students must be informed in writing of the

nature and cause of any accusation against them;

2.

they shag have the right to answer the charges

against them, with the assistance of counsel, if desired;

because of their alleged exercise of their constitutional

3.

and human rights. As regards to Guzman, his academic

them;

showing was poor due to his activities in leading boycotts

4.

of classes. They said that Guzman is facing criminal

their own behalf; and

charges for malicious mischief before the Metropolitan

5.

Trial Court of Manila in connection with the destruction of

investigating committee or official designated by the

properties of respondent University.

school authorities to hear and decide the case.

The petitioners have failures in their records, and are not

of good scholastic standing.
Issue:

they shall be informed of the evidence against

they shall have the right to adduce evidence in

the evidence must be duly considered by the

RULING:
The petition was granted wherein the respondents are
directed to allow the petitioners (students) to re-enrol
without prejudice to any disciplinary proceedings.

Whether or Not there is violation of the due process

clause.
ESTRADA v SANDIGANBAYAN

Facts:

of certainty for the statute to be upheld, not absolute

Private respondent International School, Inc. (School),

precision or mathematical exactitude. On the other hand,

pursuant to PD 732, is a domestic educational institution

Petitioner Joseph Estrada who was prosecuted to An Act

over breadth doctrine decrees that governmental purpose

established primarily for dependents of foreign diplomatic

Defining and Penalizing the Crime of Plunder, assailed

may

sweep

personnel and other temporary residents. The decree

that law is so defectively fashioned that it crosses that

unnecessarily broadly and thereby invade the area of

authorizes the School to employ its own teaching and

thin but distinct line which divides the valid from the

protected freedoms. Doctrine of strict scrutiny holds that

management personnel selected by it either locally or

constitutionally infirm.

a facial challenge is allowed to be made to vague statute

abroad, from Philippine or other nationalities, such

and to one which is overbroad because of possible chilling

personnel being exempt from otherwise applicable laws

His contentions are mainly based on the effects of the

effect upon protected speech. Furthermore, in the area of

and regulations attending their employment, except laws

said law that it suffers from the vice of vagueness; it

criminal law, the law cannot take chances as in the area

that have been or will be enacted for the protection of

dispenses with the "reasonable doubt" standard in

of free speech. A facial challenge to legislative acts is the

employees. School hires both foreign and local teachers

criminal prosecutions; and it abolishes the element of

most difficult challenge to mount successfully since the

as members of its faculty, classifying the same into two:

mens rea in crimes already punishable under The Revised

challenger must establish that no set of circumstances

(1) foreign-hires and (2) local-hires.

Penal Code saying that it violates the fundamental rights

exists.

of the accused.

developed for facial challenge of a statute in free speech

The School grants foreign-hires certain benefits not

cases. With respect to such statue, the established rule is

accorded local-hires. Foreign-hires are also paid a salary

rate 25% more than local-hires.

The focal point of

not

be

achieved

Doctrines

by

mentioned

means

are

which

analytical

tools

the case is the alleged

that one to who application of a statute is constitutional

vagueness of the law in the terms it uses. Particularly,

will not be heard to attack the statute on the ground that

this terms are: combination, series and unwarranted.

impliedly it might also be taken as applying to other

When negotiations for a new CBA were held on June 1995,

Because of this, the petitioner uses the facial challenge

persons or other situations in which its application might

petitioner ISAE, a legitimate labor union and the collective

on the validity of the mentioned law.

be unconstitutional. On its face invalidation of statues

bargaining representative of all faculty members of the

results in striking them down entirely on the ground that

School, contested the difference in salary rates between

they might be applied to parties not before the Court

foreign and local-hires. This issue, as well as the question

whose activities are constitutionally protected. It is

of whether foreign-hires should be included in the

Whether or Not the petitioner possesses the locus standi

evident that the purported ambiguity of the Plunder Law

appropriate bargaining unit, eventually caused a deadlock

to attack the validity of the law using the facial challenge.

is more imagined than real. The crime of plunder as a

between the parties.

Issue:

malum in se is deemed to have been resolve in the

Held:

Congress decision to include it among the heinous crime

ISAE filed a notice of strike. Due to the failure to reach a

punishable by reclusion perpetua to death. Supreme

compromise in the NCMB, the matter reached the DOLE

On how the law uses the terms combination and series

Court holds the plunder law constitutional and petition is

which favored the School. Hence this petition.

does

dismissed for lacking merit.

not

constitute

vagueness.

The

petitioners

contention that it would not give a fair warning and

sufficient notice of what the law seeks to penalize cannot
be

plausibly

argued.

Void-for-vagueness

doctrine

is

ISSUE:

manifestly misplaced under the petitioners reliance since

ordinary intelligence can understand what conduct is

G.R. No. 128845, June 1, 2000

prohibited by the statute. It can only be invoked against

Whether the foreign-hires should be included in

bargaining unit of local- hires.

that specie of legislation that is utterly vague on its face,

wherein clarification by a saving clause or construction
cannot be invoked. Said doctrine may not invoked in this
case since the statute is clear and free from ambiguity.
Vagueness doctrine merely requires a reasonable degree

FACTS:
RULING:

NO. The Constitution, Article XIII, Section 3, specifically

combination which will best assure to all employees the

general, Dumlao invoked equal protection in the eye of

provides that labor is entitled to humane conditions of

exercise of their collective bargaining rights.

the law.

workplace the factory, the office or the field but

In the case at bar, it does not appear that foreign-hires

ISSUE: Whether or not the there is cause of action.

include as well the manner by which employers treat their

have indicated their intention to be grouped together with

employees.

local-hires for purposes of collective bargaining. The

HELD: The SC pointed out the procedural lapses of this

work. These conditions are not restricted to the physical

collective bargaining history in the School also shows that

case for this case would never have been merged.

Discrimination, particularly in terms of wages, is frowned

these groups were always treated separately. Foreign-

Dumlaos cause is different from Igots. They have

upon by the Labor Code. Article 248 declares it an unfair

hires have limited tenure; local-hires enjoy security of

separate issues. Further, this case does not meet all the

labor practice for an employer to discriminate in regard to

tenure. Although foreign-hires perform similar functions

requisites so that itd be eligible for judicial review. There

wages in order to encourage or discourage membership

under the same working conditions as the local-hires,

are standards that have to be followed in the exercise of

in any labor organization.

foreign-hires are accorded certain benefits not granted to

the function of judicial review, namely: (1) the existence

local-hires such as housing, transportation, shipping

of an appropriate case; (2) an interest personal and

The Constitution enjoins the State to protect the rights of

costs, taxes and home leave travel allowances. These

substantial

workers and promote their welfare, In Section 18, Article II

benefits are reasonably related to their status as foreign-

question; (3) the plea that the function be exercised at

of the constitution mandates to afford labor full

hires, and justify the exclusion of the former from the

the earliest opportunity; and (4) the necessity that the

protection. The State has the right and duty to regulate

latter. To include foreign-hires in a bargaining unit with

constitutional question be passed upon in order to decide

the relations between labor and capital. These relations

local-hires would not assure either group the exercise of

the case. In this case, only the 3 rd requisite was met. The

are not merely contractual but are so impressed with

their respective collective bargaining rights.

SC ruled however that the provision barring persons

public interest that labor contracts, collective bargaining

agreements included, must yield to the common good.

the

party

raising

the

constitutional

charged for crimes may not run for public office and that
WHEREFORE, the petition is GIVEN DUE COURSE. The

the

petition is hereby GRANTED IN PART.

preliminary investigation would already disqualify them

However, foreign-hires do not belong to the same

bargaining unit as the local-hires.

by

filing

of

complaints

against

them

and

after

from office as null and void.

Equal Protection Eligibility to Office after Being 65
The assertion that Sec 4 of BP 52 is contrary to the

A bargaining unit is a group of employees of a given

Dumlao was the former governor of Nueva Vizcaya. He

safeguard of equal protection is neither well taken. The

employer, comprised of all or less than all of the entire

has retired from his office and he has been receiving

constitutional guarantee of equal protection of the laws is

body of employees, consistent with equity to the

retirement benefits therefrom. He filed for reelection to

subject to rational classification. If the groupings are

employer indicate to be the best suited to serve the

the same office for the 1980 local elections. On the other

based on reasonable and real differentiations, one class

reciprocal rights and duties of the parties under the

hand, BP 52 was passed (par 1 thereof) providing

can be treated and regulated differently from another

collective bargaining provisions of the law.

disqualification for the likes of Dumlao. Dumlao assailed

class. For purposes of public service, employees 65 years

the BP averring

hence

of age, have been validly classified differently from

The factors in determining the appropriate collective

unconstitutional. His petition was joined by Atty. Igot and

younger employees. Employees attaining that age are

bargaining unit are (1) the will of the employees (Globe

Salapantan Jr. These two however have different issues.

subject to compulsory retirement, while those of younger

Doctrine); (2) affinity and unity of the employees

The suits of Igot and Salapantan are more of a taxpayers

ages are not so compulsorily retirable.

interest, such as substantial similarity of work and duties,

suit assailing the other provisions of BP 52 regarding the

or similarity of compensation and working conditions

term of office of the elected officials, the length of the

In respect of election to provincial, city, or municipal

(Substantial Mutual Interests Rule); (3) prior collective

campaign and the provision barring persons charged for

positions, to require that candidates should not be more

bargaining history; and (4) similarity of employment

crimes may not run for public office and that the filing of

than 65 years of age at the time they assume office, if

status. The basic test of an asserted bargaining units

complaints

applicable to everyone, might or might not be a

acceptability is whether or not it is fundamentally the

investigation would already disqualify them from office. In

that it is

against

them

class

and

legislation

after

preliminary

reasonable

classification

although,

as

the

Solicitor

General has intimated, a good policy of the law should be

to promote the emergence of younger blood in our

years before the pensioners death, the dependent

Whether or not due process was exercised in the case of

political elective echelons. On the other hand, it might be

spouse would still not receive survivorship pension if the

DYRE.

that persons more than 65 years old may also be good

marriage took place within 3 years before the pensioner

elective local officials.

qualified for pension. The object of prohibition is vague.

Whether or not the closure of DYRE is a violation of the

There is no reasonable connection between the means

Constitutional Right of Freedom of Expression.

Retirement from government service may or may not be

employed and the purpose intended.

a reasonable disqualification for elective local officials. For

Held: The court finds that the closure of the Radio

one thing, there can also be retirees from government

Station in 1980 as null and void. The absence of a hearing

service at ages, say below 65. It may neither be

is a violation of Constitutional Rights. The primary

reasonable to disqualify retirees, aged 65, for a 65-year

requirements in administrative proceedings are laid down

old retiree could be a good local official just like one, aged

in the case of Ang Tibay v. Court of Industrial Relation (69

65, who is not a retiree.

Phil.635). The Ang Tibay Doctrine should be followed

before any broadcast station may be closed. The Ang

But, in the case of a 65-year old elective local official

Tibay Doctrine provides the following requirements:

(Dumalo), who has retired from a provincial, city or

municipal office, there is reason to disqualify him from

(1) The right to hearing, includes the right to present

running for the same office from which he had retired, as

Eastern Broadcasting Corp (DYRE) v. Dans Jr.

provided for in the challenged provision.

137 SCRA 628

L-59329

ones case and submit evidence presented.

(2) The tribunal must consider the evidence presented

July 19, 1985

(3) The decision must have something to support itself.
GSIS v. MONTESCLAROS

Facts: A petition was filed to reopen the Radio Station

DYRE. DYRE was summarily closed on grounds of

(4) Evidence must be substantial (reasonable evidence

FACTS: Milagros assail unconstitutionality of section 18 PD

national security. The radio station was allegedly used to

that is adequate to support conclusion)

1146 being violative of due process and equal protection

incite people to sedition. Petitioner, DYRE contends that

clause. When her husband died, she filed in GSIS for claim

they were denied due process. There was no hearing to

(5) Decision must be based on the evidence presented at

for survivorship pension. GSIS denied claim, it said

establish factual evidence for the closure. Furthermore,

hearing

surviving spouse has no right of survivorship pension if

the closure of the radio station violates freedom of

the surviving spouse contracted the marriage with the

expression. Before the court could even promulgate a

(6) The tribunal body must act on its own independent

pensioner within three years before the pensioner

decision upon the Issue raised, Petitioner, through its

consideration of law and facts and not simply accept

qualified for the pension.

president Mr. Rene Espina, filed a motion to withdraw the

subordinates views

petition. The rights of the station were sold to a new

HELD: There is denial of due process when it outrightly

owner, Manuel Pastrana; who is no longer interested in

(7) Court must render decision in such a manner that the

denies the claim for survivorship. There is outright

pursuing the case. Despite the case becoming moot and

proceeding can know the various issued involved and

confiscation of benefits due the surviving spouse without

academic, (because there are no longer interested

reasons for decisions rendered.

giving her an opportunity to be heard. There is also

parties, thus the dismissal of the case) the Supreme Court

violation of equal protection. A proviso requiring certain

still finds that there is need to pass a RESOLUTION for

The court stresses that while there is no controlling and

number of years of togetherness in marriage before the

the

precise definition of Due Process, it gives an unavoidable

employees death is valid to prevent sham marriages

tribunals in matters as this case.

guidance

the dependent spouse married the pensioner more than 3

inferior

courts

and

administrative

standard that government actions must conform in order

that deprivation of life, liberty and property is valid.

contracted for monetary gains. Here, it is 3 years before

pensioner qualified for the pension. Under this, even if

of

Issue:

The closure of the radio station is like wise a violation of

figure and even otherwise is involved in a public issue.

the constitutional right of freedom of speech and

Issue: Whether or not there are sufficient grounds to

The court held

that

expression. The court stresses that all forms of media,

constitute guilt of petitioners for libel.

constitutionally

guaranteed

whether

print

or

broadcast

are

entitled

to

this

freedom
and

of

expression

protected

with

is
the

reminder among media members to practice highest

constitutional right. Although the government still has the

Held: In order to maintain a libel suit, it is essential that

ethical standards in the exercise thereof.

right to be protected against broadcasts which incite the

the victim be identifiable although it is not necessary that

----------------------------------------------------------------------

listeners to violently overthrow it. The test for the

he be named. It is also not sufficient that the offended

-------------------------------------

limitation of freedom of expression is the clear and

party recognized himself as the person attacked or

A privileged communication may be either:

present danger rule. If in the circumstances that the

defamed, but it must be shown that at least a third

media is used in such nature as to create this danger that

person could identify him as the object of the libelous

1. Absolutely privileged communication

will bring in such evils, then the law has the right to

publication. These requisites have not been complied with

which are not actionable even if the author has acted in

prevent it. However, Radio and television may not be

in the case at bar. The element of identifiability was not

bad faith. An example is found in Sec. 11, Art.VI, of the

used to organize a rebellion or signal a start of

met since it was Wenceslaso who revealed he was the

1987 Constitution which exempts a member of Congress

widespread uprising. The freedom to comment on public

organizer of said conference and had he not done so the

from liability for any speech or debate in the Congress or

affairs is essential to the vitality of a representative

public would not have known.

in any Committee thereof.

those

democracy. The people continues to have the right to be

informed on public affairs and broadcast media continues

The concept of privileged communications is implicit in

2.

to have the pervasive influence to the people being the

the freedom

privileged

containing defamatory imputations are not actionable

most accessible form of media. Therefore, broadcast

communications must be protective of public opinion. Fair

unless found to have been made without good intention

stations deserve the the special protection given to all

commentaries on matters of public interest are privileged

justifiable

forms of media by the due process and freedom of

and constitute a valid defense in an action for libel or

communications" and "fair and true report without any

expression clauses of the Constitution.

slander. The doctrine of fair comment means that

comments or remarks."

of

the

press and

that

Qualifiedly

privileged

motive.

To

this

communications those

genre

belong

"private

while in general every discreditable imputation publicly

made is deemed false, because every man is presumed
innocent until his guilt is judicially proved, and every false
Borjal v Court of Appeals 301 SCRA 1 January 14, 1999
Facts: A civil action for damages based on libel was filed
before the court against Borjal and Soliven for writing and
publishing articles that are allegedly derogatory and
offensive against Francisco Wenceslao, attacking among
others the solicitation letters he send to support a
conference to be launch concerning resolving matters on
transportation crisis that is tainted with anomalous
activities. Wenceslao however was never named in any of
the articles nor was the conference he was organizing.
The lower court ordered petitioners to indemnify the
private respondent for damages which was affirmed by
the Court of Appeals. A petition for review was filed
before the SC contending that private respondent was not
sufficiently identified to be the subject of the published
articles.

imputation is deemed malicious, nevertheless, when the

PITA VS. COURT OF APPEALS [178 SCRA 362; G.R.

discreditable imputation is directed against a public

NO.80806; 5 OCT 1989]

person in his public capacity, it is not necessarily

actionable. In order that such discreditable imputation to

Facts: On December 1 and 3, 1983, pursuing an Anti-

a public official may be actionable, it must either be a

Smut Campaign initiated by the Mayor of the City

false allegation of fact or a comment based on a false

of Manila,

supposition. If the comment is an expression of opinion,

Special Anti-Narcotics Group, Auxilliary Services Bureau,

based on established facts, then it is immaterial that the

Western Police District, INP of the Metropolitan Police

opinion happens to be mistaken, as long as it might

Force of Manila, seized and confiscated from dealers,

reasonably be inferred from the facts.

distributors, newsstand owners and peddlers along Manila

Ramon

D.

Bagatsing,

sidewalks, magazines,publications and

elements

other

of the

reading

The questioned article dealt with matters of public

materials believed to be obscene, pornographic and

interest as the declared objective of the conference, the

indecent and later burned the seized materials in public

composition of its members and participants, and the

at the University belt along C.M. Recto Avenue, Manila, in

manner by which it was intended to be funded no doubt

the presence of Mayor Bagatsing and several officers and

lend to its activities as being genuinely imbued with

members

public interest. Respondent is also deemed to be a public

of

various

student

organizations.

Among the publications seized, and later burned, was

common sense of men as an indecency. Ultimately

MTRCB

"Pinoy Playboy"magazines published and co-edited by

"whether a picture is obscene or indecent must depend

GR

plaintiff

upon the circumstances of the case and that the question

FACTS:

Leo

Pita.

is to be decided by the "judgment of the aggregate sense

Plaintiff filed a case for injunction with prayer for issuance

of the community reached by it." The government

of

Mayor

authorities in the instant case have not shown the

Bagatsing and Narcisco Cabrera, as superintendent of

required proof to justify a ban and to warrant confiscation

Western Police District of the City ofManila, seeking to

of the literature First of all, they were not possessed of a

enjoin said defendants and their agents from confiscating

lawful court order: (1) finding the said materials to be

plaintiffs magazines or

or

pornography, and (2) authorizing them to carry out a

circulation thereof claiming that the magazine is a

search and seizure, by way of a search warrant. The court

decent, artistic and educational magazine which is not

provides that the authorities must apply for the issuance

per se obscene, and that the publication is protected by

of a search warrant from a judge, if in their opinion an

the Constitutional guarantees of freedom of speech and

obscenity

the

writ

of preliminary injunction

from

against

preventing

the

sale

seizure

is

in

order

and

that;

of the press. Plaintiff also filed an Urgent Motion for

issuance

of

indiscriminate

a temporary

materials sought to be seized are obscene and pose a

clear and present danger of an evil substantive enough to

the petition for preliminary injunction. The Court granted

warrant

the temporary restraining order. The case was set for trial

2. The judge must determine whether or not the same are

upon the lapse of the TRO. RTC ruled that the seizure was

indeed obscene. The question is to be resolved on a case-

valid.

to-case basis and on the judges sound discretion;

affirmed

and

by

burning

1. The authorities must convince the court that the

of

was

confiscation

order against

plaintiff's "Pinoy Playboy"Magazines, pending hearing on

This

seizure,

restraining

the

CA.

Issue: Whether or Not the seizure violative of the

freedom

of

expression

of

the

petitioner.

Held: Freedom of the press is not without restraint as the

state has the right to protect society from pornographic
literature that is offensive to public morals, as indeed we
have laws punishing the author, publishers and sellers of
obscene publications. However, It is easier said than done
to say, that if the pictures here in question were used not
exactly for art's sake but rather for commercial purposes,
the pictures are not entitled to any constitutional
protection. Using the Kottinger rule: the test of obscenity
is "whether the tendency of the matter charged as
obscene, is to deprave or corrupt those whose minds are
open to such immoral influences and into whose hands a
publication or other article charged as being obscene may
fall." Another is whether it shocks the ordinary and

State

interference

and

action;

v.

ABS-CBN
No.

and
155282

Loren

Legarda
(2005)

An episode of The Inside Story entitled Prosti-tuition,

constitutionality is not necessary to the determination of

lawyers of PLDT, Mr. Eliseo Alampay, to ascertain if the

the case itself.

decision had been written, in whole or in part, by the

produced by Loren Legarda was aired by ABS-CBN

latter. Yerkes proffered the conclusion that the Gutierrez

depicting female students moonlighting as prostitutes to

decision looks, reads and sounds like the writing of the

enable them to pay for their tuition fees. Philippine

IN RE Emil (Emiliano) P. JURADO Ex Rel.: Philippine

PLDTs counsel, Thus, he speaks of the Magnificent

Womens University (PWU) was named as the school of

Long Distance Telephone Company (PLDT)

Seven, by merely referring to undisclosed regional trial

some of the students involved. MTRCB alleged that the

Posted on June 20, 2013 by winnieclaire

court judges in Makati; the Magnificent Seven in the

episode

besmirched

the

name

of

the

PWU

and

respondents did not submit The Inside Story to MTRCB

S
tandard

for review and exhibited the same without its permission,

Supreme Court, as some undesignated justices who

supposedly vote as one; the Dirty Dozen, as
unidentified trial judges in Makati and three other cities.

violating Sec. 7 of PD 1986, Sec. 3, Chapter III and Sec. 7,

Facts: Jurado, a journalist who writes in a newspaper of

He adverts to an anonymous group of justices and judges

Chapter

general circulation, the Manila Standard. He describes

for whom a bank allegedly hosted a party; and six

IV

of

MTRCB

Rules

and

Regulations.

himself as a columnist, who incidentally happens to be a

unnamed justices of this Court who reportedly spent a

MTRCB declared that all subsequent programs of the The

lawyer,, had been writing about alleged improperties

prepaid vacation in Hong Kong with their families.

Inside Story and all other programs of the ABS-CBN Ch. 2

and irregularities in the judiciary over several months

of the same category shall be submitted to the Board of

(from about October, 1992 to March, 1993). Other

The Chief Justice issued an administrative order Creating

Review and Approval before showing. On appeal, RTC

journalists had also been making reports or comments on

an Ad Hoc Committee to Investigate Reports of Corruption

ruled that Sections 3 (c) (d), 4, 7 and 11 of P. D. No. 1986

the same subject. At the same time, anonymous

in the Judiciary, to investigate the said reports of

and Sections 3, 7 and 28 (a) of the MTRCB Rules and

communications were being extensively circulated, by

corruption in the judiciary. A letter affidavit was also

Regulations are unconstitutional for violating the freedom

hand and through the mail, about alleged venality and

received from the public utility, denying the allegations in

of expression and of the press guaranteed by the

corruption in the courts. And all these were being

Jurados column. The Supreme Court then issued a

Constitution

repeatedly and insistently adverted to by certain sectors

resolution ordering that the matter dealt with in the letter

of society. Events Directly Giving Rise to the Proceeding

and affidavit of the public utility company be docketed

at Bar.

and acted upon as an official Court proceeding for the

ISSUE : Whether or not there is compliance with the legal

requisites for judicial inquiry so as to proceed with the
issue

on

constitutionality.

determination of whether or not the allegations made by

The seed of the proceeding at bar was sown by the

Jurado are true.

decision promulgated by this Court on August 27, 1992,

RULING: NO. There is no need to resolve whether certain

in the so-called controversial case of Philippine Long

HELD: Jurados actuations, in the context in which they

provisions of PD 1986 and MTRCB Rules and Regulations

Distance Telephone Company v. Eastern Telephone

were done, demonstrate gross irresponsibility, and

contravene the Constitution. No question involving the

Philippines, Inc. (ETPI), G.R. No, 94374. In that decision

indifference to factual accuracy and the injury that he

constitutionality or validity of a law or governmental act

the Court was sharply divided; the vote was 9 to 4, in

might cause to the name and reputation of those of

may be heard and decided by the court unless there is

favor of the petitioner PLDT. Mr. Justice Hugo E. Gutierrez,

whom he wrote. They constitute contempt of court,

compliance with the legal requisites for judicial inquiry: 1)

Jr., wrote the opinion for the majority.

directly tending as they do to degrade or abase the

proper party 2)actual case or controversy 3) question

In connection with this case, G.R. No. 94374, the

administration of justice and the judges engaged in that

raised at the earliest possible opportunity and 4) that the

Philippine Daily Inquirer and one or two other

function. By doing them, he has placed himself beyond

decision on the constitutional or legal question must be

newspapers published, on January 28, 1993, a report of

the circle of reputable, decent and responsible journalists

necessary to the determination of the case itself. The

the purported affidavit of a Mr. David Miles Yerkes, an

who live by their Code or the Golden Rule and who

fourth requisite is wanting. MTRCB did not disapprove or

alleged expert in linguistics. This gentleman, it appears,

strive at all times to maintain the prestige and nobility of

ban the showing of the program nor did it cancel

had been commissioned by one of the parties in the case,

their calling.

respondents permit. The latter was merely penalized for

Eastern Telephone Philippines, Inc. (ETPI), to examine and

their failure to submit the program to MTRCB for its

analyze the decision of Justice Gutierrez in relation to a

Although honest utterances, even if inaccurate, may

review

few of his prior ponencias and the writings of one of the

further the fruitful exercise of the right of free speech, it

and

approval.

Therefore,

the

issue

of

does not follow that the lie, knowingly and deliberately

prohibit the reckless disregard of private reputation by

Miriam College Foundation, Inc. v CA 348 SCRA 265

published about a public official, should enjoy a like

publishing or circulating defamatory statements without

December 15, 2000

immunity. The knowingly false statement and the false

any bona fide effort to ascertain the truth thereof.

statement made with reckless disregard of the truth, do

Facts: The members of the editorial board of the Miriam

not enjoy constitutional protection.

College Foundations school paper were subjected to

disciplinary sanction by the College Discipline Committee

The Civil Code, in its Article 19 lays down the norm for the
proper exercise of any right, constitutional or otherwise,

after letters of complaint were filed before the Board

Reyes v Bagatsing

following the publication of the school paper that contains

viz.: ARTICLE 19. Every person must, in the exercise of

obscene, vulgar, and sexually explicit contents. Prior to

his rights and in the performance of his duties, act with

the disciplinary sanction to the defendants they were

justice, give everyone his due, and observe honesty and

Retired Justice Reyes in behalf of the members of the

required to submit a written statement to answer the

good faith. The provision is reflective of the universally

Anti-Bases Coalition sought a permit to rally from Luneta

complaints against them to the Discipline Committee but

accepted precept of abuse of rights, one of the most

Park until the front gate of the US embassy which is less

the defendants, instead of doing so wrote to the

dominant principles which must be deemed always

than two blocks apart. The permit has been denied by

Committee to transfer the case to the DECS which they

implied in any system of law.

then Manila mayor Bagatsing. The mayor claimed that

alleged to have the jurisdiction over the issue. Pushing

there have been intelligence reports that indicated that

through with the investigation ex parte the Committee

Requirement to exercise bona fide care in ascertaining

the rally would be infiltrated by lawless elements. He also

found the defendants guilty and imposed upon them

the truth of the statements when publishing statements

issued City Ordinance No. 7295 to prohibit the staging of

disciplinary sanctions. Defendants filed before the court

which are clearly defamatory to identifiable judges or

rallies within the 500 meter radius of the US embassy.

for prohibition with preliminary injunction on said decision

other public officials.

Bagatsing pointed out that it was his intention to provide

of the Committee questioning the jurisdiction of said

Judges, by becoming such, are rightly regarded as

protection to the US embassy from such lawless elements

Discipline Board over the defendants.

voluntarily subjecting themselves to norms of conduct

in pursuant to Art 22 of the Vienna Convention on

which embody more stringent standards of honesty,

Diplomatic Relations. And that under our constitution we

Issue: WON the Discipline Board of Miriam College has

integrity, and competence than are commonly required

adhere to generally accepted principles of international

jurisdiction over the defendants.

from private persons. Nevertheless, persons who seek or

law.

accept appointment to the Judiciary cannot reasonably be

being violated by the mayors ordinance.

ISSUE: Whether or not a constitutional right is

regarded as having forfeited any right to private honor

Held: The court resolved the issue before it by looking

through

the

power

of

DECS

and

the

Disciplinary

and reputation. For to so rule will be to discourage all

HELD: Indeed, the receiving state is tasked for the

Committee in imposing sanctions upon the defendants.

save those who feel no need to maintain their self-respect

protection of foreign diplomats from any lawless element.

Section 5 (2), Article XIV of the Constitution guarantees

from becoming judges. The public interest involved in

And indeed the Vienna Convention is a restatement of the

all institutions of higher learning academic freedom. This

freedom of speech and the individual interest of judges

generally accepted principles of international law. But the

institutional academic freedom includes the right of the

(and for that matter, all other public officials) in the

same cannot be invoked as defense to the primacy of the

school or college to decide for itself, its aims and

maintenance of private honor and reputation need to be

Philippine Constitution which upholds and guarantees the

objectives, and how best to attain them free from outside

accommodated one to the other. And the point of

rights to free speech and peacable assembly. At the same

coercion

adjustment or accommodation between these two

time, the City Ordinance issued by respondent mayor

overriding public welfare calls for some restraint. Such

legitimate interests is precisely found in the norm which

cannot be invoked if the application thereof would collide

duty gives the institution the right to discipline its

requires those who, invoking freedom of speech, publish

with a constitutionally guaranteed right/s.

students and inculcate upon them good values, ideals

or

interference

save

possibly

when

the

statements which are clearly defamatory to identifiable

and attitude. The right of students to free speech in

judges or other public officials to exercise bona fide care

school is not always absolute. The court upheld the right

in ascertaining the truth of the statements they publish.

of students for the freedom of expression but it does not

The norm does not require that a journalist guarantee the

rule out disciplinary actions of the school on the conduct

truth of what he says or publishes. But the norm does

of their students. Further, Sec. 7 of the of the Campus

Journalism Act provides that the school cannot suspend

power to suspend or expel. It is a necessary corollary to

higher learning guaranteed by the Constitution. The court

or expel a student solely on the basis of the articles they

the enforcement of rules and regulations and the

held that Miriam College has the authority to hear and

write EXCEPT when such article materially disrupts class

maintenance

decide the cases filed against respondent students.

work

of

environment conducive tolearning. That power, like the

the rights of others. Therefore the court ruled that the

power to suspend or expel, is an inherent part of the

power of the school to investigate is an adjunct of its

academic

of

involve

substantial

disorder

or invasion

of

safe

freedom

and

of

orderly

educational

institutions

of