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Tuition, An Episode of The TV Program, The Inside Story, Produced

This case involves a complaint filed with the MTRCB against ABS-CBN for airing an episode of "The Inside Story" without submitting it for review. The episode depicted female university students engaging in prostitution. The university complained the program besmirched its reputation. The MTRCB found in favor of the complaint. On appeal, ABS-CBN argued the program was protected under freedom of expression. The court ultimately ruled the MTRCB has the authority to review all television programs prior to broadcast, including news and public affairs programs. The court relied on a previous case establishing religious programs were not exempt from review despite protections for religious freedom.

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177 views2 pages

Tuition, An Episode of The TV Program, The Inside Story, Produced

This case involves a complaint filed with the MTRCB against ABS-CBN for airing an episode of "The Inside Story" without submitting it for review. The episode depicted female university students engaging in prostitution. The university complained the program besmirched its reputation. The MTRCB found in favor of the complaint. On appeal, ABS-CBN argued the program was protected under freedom of expression. The court ultimately ruled the MTRCB has the authority to review all television programs prior to broadcast, including news and public affairs programs. The court relied on a previous case establishing religious programs were not exempt from review despite protections for religious freedom.

Uploaded by

j_a__aguilar
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Style of the Case: MTRCB v.

ABS-CBN Broadcasting Corporation Facts and Procedural History:

1) October 15, 1991, at 10:45 in the evening, ABS-CBN aired Prosti-

tuition, an episode of the TV program, The Inside Story, produced and hosted by Loren Legarda.

2) It depicted female students moonlighting as prostitutes to be able to pay for their tuition. Student prostitutes, pimps, customers, and faculty members, were interviewed. The Philippine Womens University was named as the school of some of the students involved, and the facade of PWU Building at Taft Avenue, Manila served as the background of the episode. 3) The showing of the episode caused uproar in the PWU community. Dr. Leticia de Guzman, Chancellor and Trustee of PWU, and the PWU Parents and Teachers Association filed letter-complaints with MTRCB alleging that the episode besmirched the name of PWU and resulted in the harassment of some of its female students. 4) Acting on the letter-complaints, the MTRCB Legal Counsel initiated a formal complaint with the MTRCB Investigating Committee, alleging among others, that respondents:

a)
b)

did not submit The Inside Story to petitioner for its review and exhibited the same without its permission, thus, violating Section 7 of Presidential Decree No. 1986, and Section 3 Chapter 3, and Section 7, Chapter 4 of the MTRCB Rules and Regulations.

5) In their answer, ABS-CBN explained that 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 to impose restrictions upon the show

6) Decisions: a)Feb. 5, 1993 MTRCB Investigation Committee In favor of MTRCB b)Mar. 12, 1993 Appeal Feb. 5 decision affirmed c)Apr. 14, 1993 Motion for Reconsideration Denied ABS-CBN then filed a special civil action for certiorari with the RTC Branch 77, Q.C. It seeks to declare as unconstitutional sections 3(b), 3(c), 3(d), 4, 7, 11 of P.D. 1986, and Sections 3, 7, 28 of the MTRCB Rules and Regulations, and set aside Mar. 12 and Apr. 14 decisions. d)Nov. 18, 1997 RTC decided in favor of ABS-CBN

7)

Hence, this petition for certiorari.

Issues:

1) Whether or not the MTRCB has the power or

authority to review The Inside Story prior to its exhibition or broadcast by television.

Judgment: Petition is granted, assailed decision reversed.

Holding:
1)

Yes, it does.

Ratio:
1) Resurrection of decision in Iglesia ni Cristo v. Court of Appeals, wherein Iglesia

sought exception from review given that television programs under Sec. 3 (b) does not include religious programs which are protected under Section 5, Article 3 of the Constitution (The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed) The court ruled that religious programs are also television programs, and PD 1986 gives petitioner right to review all television programs. In the rule of statutory construction that 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. -> All television programs means all; news, religious, etc. Freedom of religion is given preferred status by the framers of our fundamental laws, past and present, yet despite this, the Iglesia case was not exempted from petitioners review power. ABS-CBN contends that they are protected by the constitutional provision on freedom of speech and of the press. There has been no declaration at all by the framers of the Constitution that freedom of expression and of the press has a preferred status.

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