B2-ATACADOR, CRISTIAN GREGOR E.

Case Digest 14 (October 1, 2022 Session)

G.R. No. 165636 I April 29, 2009 I ELISEO F. SORIANO, Petitioner, vs.MA.
CONSOLIZA P. LAGUARDIA, in her capacity as Chairperson of the Movie and
Television Review and Classification Board, et al
On State Policy on Youth
FACTS:
On August 10, 2004, at around 10:00 p.m., petitioner, as host of the program Ang Dating Daan,
aired on UNTV 37, made obscene remarks against INC. Two days after, before the MTRCB,
separate but almost identical affidavit-complaints were lodged by Jessie L. Galapon and seven
other private respondents, all members of the Iglesia ni Cristo (INC), against petitioner in
connection with the above broadcast. Respondent Michael M. Sandoval, who felt directly
alluded to in petitioner’s remark, was then a minister of INC and a regular host of the TV
program Ang Tamang Daan.
ISSUE:
Whether Soriano‘s statements during the televised ―Ang Dating Daan part of the religious
discourse and within the protection of Section 5, Art. III of the Constitution, to wit: No law shall
be made respecting an establishment of religion, or prohibiting the free exercise thereof.
RULES AND APPLICATION
No. Under the circumstances obtaining in this case, therefore, and considering the adverse effect
of petitioner’s utterances on the viewers’ fundamental rights as well as petitioner’s clear
violation of his duty as a public trustee.
It cannot be properly asserted that petitioner’s suspension was an undue curtailment of his right
to free speech either as a prior restraint or as a subsequent punishment. In the case at bar,
petitioner used indecent and obscene language. In this setting, the assertion by petitioner of his
enjoyment of his freedom of speech is ranged against the duty of the government to protect and
promote the development and welfare of the youth.
The Constitution has, therefore, imposed the sacred obligation and responsibility on the State to
provide protection to the youth against illegal or improper activities which may prejudice their
general well-being. The Article on youth, approved on second reading by the Constitutional
Commission, explained that the State shall "extend social protection to minors against all forms
of neglect, cruelty, exploitation, immorality, and practices which may foster racial, religious or
other forms of discrimination
CONCLUSION:
The SC affirmed the decision of the MTRCB in Adm. Case No. 01-04 dated September 27, 2004
is hereby AFFIRMED with the MODIFICATION of limiting the suspension to the program Ang
Dating Daan.
The court imposed a penalty of THREE (3) MONTHS SUSPENSION on the television program,
Ang Dating Daan, subject of the instant petition. Costs against petitioner.