NORIE T.

BAYTIC

ELISEO F. SORIANO vs. MA. CONSOLIZA P. LAGUARDIA

G.R. No. 164785 April 29, 2009

FACTS:

On August 10, 2004, petitioner made some obscene remarks against Iglesia Ni Cristo on air in
his program Ang Dating Daan at UNTV 37. Jessie L. Galapon and seven other private
respondents, all members of the Iglesia Ni Cristo (INC) filed before the MTRCB a separate but
almost identical affidavit-complaints against Soriano.

MTRCB ruled that respondent Soriano liable for his utterances and thereby imposing on him a
penalty of three (3) months suspension from his program. Petitioner then filed a petition for
certiorari and prohibition with prayer for injunctive relief. Petitioner’s contention that his
statement is an exercise of his religious freedom.

ISSUE:

Whether or not petitioner’s statement in his program is indecent or obscene speech.

HELD:

YES, The Supreme Court ruled that petitioners statement can be treated as obscene and not
entitled to protection under the umbrella of freedom of speech, in which the TV program that is
rated G or for general viewership, and in a time slot that would likely reach even the eyes and
ears of children that the average child may not have the adult’s grasp of figures of speech, and
may lack the understanding that language may be colorful, and words may convey more than the
literal meaning. Undeniably the subject speech is very suggestive of a female sexual organ and
its function as such.

Plain and simple insults directed at another person cannot be elevated to the status of religious
speech. Even petitioners attempts to place his words in context show that he was moved by anger
and the need to seek retribution, not by any religious conviction.  SC cannot accept that
petitioner made his statements in defense of his reputation and religion, as they constitute no
intelligible defense or refutation of the alleged lies being spread by a rival religious group.