Professional Documents
Culture Documents
COURT OF APPEALS
G.R. No. 119673, 26 July 1996
PUNO, J.:
FACTS: Petitioner-Iglesia ni Cristo, a duly organized religious organization, has a
television program called "Ang Iglesia ni Cristo" aired on Channel 2 and Channel 13
on Saturdays and Sundays respectively. The program presents and propagates the
petitioner's religious beliefs, doctrines and practices oftentimes in comparative
studies with other religions. Petitioner submitted to the Board of Review for Moving
Pictures and Television the VTR tapes of its TV program Series Nos. 116, 119, 121,
and 128. The Board classified the series as "X" or not for public viewing on the
ground that they "offend and constitute an attack against other religions which is
expressly prohibited by law." In its first course of action against the Board, INC
appealed to the Office of the President where it was favored and then again, before
the Quezon City RTC alleging that the respondent Board acted without jurisdiction
or with grave abuse of discretion in requiring petitioner to submit the VTR tapes of
its TV program and in X-rating them, wherein the court rules in INC’s favor but was
directed to refrain from attacking other religions. The Court of Appeals reversed the
same.
ISSUE: Whether or not the Board correctly applied Section 3 of P.D. 1986 in
prohibiting the public telecasting of the Iglesia program or “offended” a religion.
RULING: NO. The records show that the decision of the respondent-Board, affirmed
by the Court of Appeals, is completely bereft of findings of facts to justify the
conclusion that the subject video tapes constitute impermissible attacks against
another religion.
As a rule, it is incumbent upon the respondent-Board to prove the clear and present
danger test with the basis being “contemporary Filipino cultural values” in
determining whether the series is injurious to public welfare. The former, despite
having the authority to review the petitioner's program failed to justify its actions of
prohibiting the airing of the material. In fact, the tape in question was never
submitted to the Court for viewing. Neither was there a detailed description of its
objectionable contents in the assailed Decision of the Court of Appeals or Regional
Trial Court. Nor is there extant a detailed justification prepared by the Board on why
it banned the program - other than its bare conclusion that the material constituted
an attack against the Catholic and Protestant religions. In no wise can the "remarks"
in the voting slips presented before the trial court be considered sufficient justification
for banning the showing of any material. Hence, the petition is granted in favor of
INC.