I begin with some observations on the petition itself filed by former Solicitor General Francisco

Chavez, brought forth in his capacity "as a citizen, taxpayer and a law practitioner" against the DOJ
Secretary and the NTC. At a crucial point during the deliberations on this case, much of the focus
within the Court was on the aspect of the case concerning the NTC, to the exclusion of the aspect
concerning the DOJ Secretary. However, the petition itself only minimally dwells on the powers of
the National Telecommunications Commission (NTC).

The petition was filed on 21 June 2005, less than a month after the so-called Hello Garci tapes
(Garci tapes) hit the newstands. The petition narrates that a few days after reports on
the Garci tapes became public, respondent DOJ Secretary "threatened that everyone found to be in
possession of the controversial audio tape, as well as those broadcasting it or printing its contents,
were liable for violation of the Anti-Wiretapping Law," 1 and subsequently he ordered the National
Bureau of Investigation (NBI) "to go after media organizations found to have caused the spread, the
playing and the printing of the contents" of the said tape.