A year after the 2004 elections, the opposition was planning to release an audiotape

of a mobile phone conversation between President GMA and a high-ranking official

of the COMELEC, suggesting that the President had instructed the COMELEC official
to manipulate the election results in the Presidents favor. Later, DOJ Secretary Raul
Gonzales warned reporters that those who had copies of the CD could be held liable
under the Anti-Wiretapping Act. The next day, he ordered the NBI to go after media
organizations found to have caused the spread, the playing and the printing of the
contents of the said tape. The NTC also issued a press release warning all radio and
television stations that airing of such tapes shall be a cause for the suspension,
revocation and/or cancellation of the licenses or authorizations issued to them.
Petitioner Francisco Chavez alleged that the acts of respondents DOJ Secretary Raul
Gonzales and National Telecommunications Commission (NTC) are violations of the
freedom of expression and of the press.
Were the rights to freedom of expression and of the press violated?
YES. Said rights were violated applying the clear and present danger test. The
challenged acts need to be subjected to the clear and present danger rule, as they
are content-based restrictions. The acts of NTC and DOJ Secretary focused solely on
but one object a specific content the alleged taped conversations between the
President and a COMELEC official. Undoubtedly, these did not merely provide
regulations as to the time, place or manner of the dissemination of speech or
expression. Respondents evidence falls short of satisfying the clear and present
danger test. Hence, the Court upheld the exercise of free speech and free press.