MTRCB v.
ABS-CBN and Loren Legarda (2005) regulation cannot apply, (3) power to review tv programs does
Ponente: Sandoval-Gutierrez, J.
ABS-CBN aired “Prosti-tuition,” an episode of The Inside
Story produced and hosted by Loren Legarda. It depicted of
female students moonlighting as prostitutes to enable them to
pay for their tuition fees and interviewed student prostitutes,
pimps, customers and some faculty members. Philippine
Women’s University (PWU) was named as the school of some
of the students involved and the façade of PWU served as the
background of the episode. It caused uproar in the PWU
community. Dr. Leticia de Guzman (Chancellor and Trustee of
PWU) and PWU Parents and Teachers Association file letter
complaints with petitioner MTRCB, alleging that the episode
besmirched the name of the PWU and resulted in the
harassment of some of its female students.
MTRCB Legal Counsel initiated a formal complaint with the
MTRCB Investigating Committee alleging that respondents:
- did not submit The Inside Story to MTRCB for review
- exhibited the same without its permission, violating Sec. 7
of PD 1986 and Sec. 3, Chapter III and Sec. 7, Chapter IV
of MTRCB Rules and Regulations
Respondents: The Inside Story is a public affairs program,
news documentary and socio-political editorial, the airing of
which is protected by the constitutional provision on freedom of
expression and of the press. MTRCB has no power, authority
and jurisdiction to impose any form of prior restraint upon
respondents.
MTRCB Investigating Committee ordered respondents to pay
P20,000 for non-submission of the program and declared that
all subsequent programs of the The Inside Story and all other
programs of the ABSCBN Ch 2 of the same category shall be
submitted to the Board of Review and Approval before
showing. On appeal, the Chairman of MTRCB issued a
Decision affirming the ruling of the Investigating Committee.
Respondents filed a special civil action for certiorari with the
RTC and sought to:
- declare unconstitutional certain provisions of PD 1986
and MTRCB Rules and Regulations
- (alternative) exclude the The Inside Story from the
coverage of such provisions
- annul and set aside MTRCB Decision and Resolution
… because they constitute prior restraint on respondents’
exercise of freedom of expression and of the press, and those
provisions do not apply to the The Inside Story because it falls
under the category of “public affairs program, news
documentary or socio-political editorials” governed by
standards similar to those governing newspapers.
RTC decided in favor of ABSCBN:
- annulled Decision and Resolution of the MTRCB
- declared that assailed provisions do not cover The
Inside Story and other similar programs for being
public affairs programs which can be equated to
newspapers
Hence, this petition for review on certiorari by MTRCB.
Issue: WON the MTRCB has the power/authority to review the
“The Inside Story” prior to its exhibition or broadcast by
television.  YES
MTRCB/SG: (1) all tv programs including public affairs
programs, news documentaries or socio-political editorials are
subject to MTRCB’s power of review, (2) tv programs are more
accessible to the public than newspapers, thus liberal
not amount to prior restraint, (4) Sec. 3(b) of PD 1986 does not
violate respondents’ constitutional freedom of expression and
of the press.
SC: Rule in statutory construction: Ubi lex non distinguit nec
distinguere debemos (where the law does not make any
exception, courts may not except something therefrom, unless
there is compelling reason apparent in the law to justify it).
When the law says “all television programs,” the word “all”
covers all tv programs, whether religious, public affairs, news
documentary, etc. Since The Inside Story is a tv program, it is
within the jurisdiction of the MTRCB over which it has power of
review.
There also has been no declaration by the framers of the
Constitution that freedom of expression and of the press has a
preferred status. If the SC did not exempt religious programs
from the jurisdiction and review power of MTRCB, with more
reason, there is no justification to exempt therefrom The Inside
Story. The only exceptions are tv programs imprinted or
exhibited by the Philippine Government and/or its departments
and agencies, and newsreels.
WON The Inside Story falls under the category of Newsreels.
Respondents: Yes.
SC: NO. It is not defined in PD 1986 but Webster’s dictionary
defines it as short motion picture films portraying or dealing
with current events; mostly reenactments of events that had
already happened. The MTRCB Rules and Regulations define
it as straight news reporting, as distinguished from news
analyses, commentaries and opinions. The Inside Story is
more of a public affairs program, a variety of news treatment; a
cross between pure tv news and news-related commentaries,
etc. within MTRCB’s review power.
MTRCB did not disapprove or ban the showing of the
program nor did it cancel respondents’ permit. The latter was
merely penalized for their failure to submit the program to
MTRCB for its review and approval. Therefore, there is no
need to resolve whether certain provisions of PD 1986 and
MTRCB Rules and Regulations contravene the Constitution.
No question involving the constitutionality or validity of a law or
governmental act may be heard and decided by the court
unless there is compliance with the legal requisites for judicial
inquiry:
- proper party
- actual case or controversy
- question raised at the earliest possible opportunity
- the decision on the constitutional or legal question
must be necessary to the determination of the case
itself
Petition of MTRCB Granted. RTC Decision Reversed. MTRCB
Decision Affirmed.