Case Digest: MTRCB v. ABS-CBN (2005)

 

MTRCB v. ABS-CBN (2005)

Facts.

1. Movie and Television Review and Classification Board (MTRCB), petitioner; ABS-CBN Broadcasting Corporation and Loren Legarda, respondents
2. On October 15, 1991 at 10:45 p.m, ABS-CBN aired “Prosti-tuition” an episode of the TV program “The Inside Story” produced and hosted by Loren Legarda. It depicted female students moonlighting as prostitutes to enable them to pay for their tuition fees. In the course of the program, student prostitutes, pimps, customers, and some faculty members were interviewed. The Philippine Women’s University (PWU) was named as the school of some of the students involved and the facade of the PWU building at Taft Avenue, Manila conspicuously served as the background of the episode.
3. Its showing caused uproar in the PWU community. Dr. Leticia P. de Guzman, chancellor and trustee of the PWU, and the Parents and Teachers Association filed letter complaints with petitioner MTRCB. Both complainants alleged that the episode besmirched the name of the 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 (1) did not submit “The Inside Story” to petitioner for its review and (2) exhibited the same without its permission, thus, violating Section 7 of Presidential Decree 1986 and Section 3, Chapter III and Section 7, Chapter IV of the MTRCB Rules and Regulations.
5. In turn, the respondents explained that the “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. Accordingly, petitioner has no power, authority and jurisdiction to impose any form of prior restraint upon respondents.
6. On 5 February 1993, The MTRCB Investigating Committee rendered a Decision, ordering the respondents to pay a sum of Php 20,000.00 for the non-submission of the program. On appeal, the chairman of the MTRCB issued a Decision dated March 12, 1993 affirming the ruling of its investigating committee. Respondents filed a motion but was denied in a Resolution dated April 14, 1993.
7. Respondents then filed a special civil action for certiorari with the Regional Trial Court (RTC) Branch 77, Quezon City.
8. The Regional Trial Court rendered a Decision in favor of the respondents.
9. Petitioner filed a motion for reconsideration but was denied. Hence, this petition for review on certiorari.

Issue.

Whether or not the MTRCB has the power or authority to review “The Inside Story” prior to its exhibition or broadcast by television.

Held.

Yes.

Why?

1.       INC vs Court of Appeals = Board has power to reviews ALL TV programs

2.       Freedom of press, expression has no preferred status.

3.       It is not a newsreel. Newsreels are straight news reporting.

4.       No prior restraint, just fines.

5.       RTC ruling cannot be sustained bc question of constitutionality. (refer below)

Consequently, we cannot sustain the RTC’s ruling that Sections 3 (c) (d), 4, 7 and 11 of P. D. No. 1986 and Sections 3, 7 and 28 (a) of the MTRCB Rules and Regulations are unconstitutional. It is settled that 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, namely: (1) that the question must be raised by the proper party; (2) that there must be an actual case or controversy; (3) that the question must be raised at the earliest possible opportunity; and, (4) that the decision on the constitutional or legal question must be necessary to the determination of the case itself

Ruling.

Instant petition is granted. Assailed RTC Decision dated Nov. 18, 1997 and Order dated Aug. 26 2002 are hereby reversed. Decision dated March 12, 1993 of petitioner MTRCB is affirmed. Costs against respondents.

 Supplementing facts.

1. 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.

Legal terms.

1. Certiorari - a writ or order by which a higher court reviews a decision of a lower court
2. Inter alia - Latin for “among other things”
3. Merit - refers to a claim which has a valid basis, setting forth sufficient facts from which the court could find a valid claim of deprivation of a legal right.
4. ubi lex non distinguit nec distinguere debemus - "where the law does not distinguish, nor the interpreter must distinguish”
5. Preferred - possessing or accorded a priority, advantage, or privilege
6. Instant petition - although the instant petition is styled as a petition for certiorari, in essence, it seeks the declaration by this Court of the unconstitutionality or illegality of the questioned ordinance and executive order. It, thus, partakes of the nature of a petition for declaratory relief over which this Court has only appellate, not original, jurisdiction.
7. Supra - A Latin term meaning "above". A word often used in legal writing to refer the reader to a portion that comes in earlier part of the document, case, or book.

Footnotes.

1. Section 7 of P.D. no. 1986 -  "SECTION 7. Unauthorized showing or exhibition. – It shall be unlawful for any person or entity to exhibit or cause to be exhibited in any moviehouse, theater or public place or television within the Philippines any motion picture, television program or publicity material, including trailers, and stills for lobby displays in connection with motion pictures, not duly authorized by the owner or is assignee and passed by the BOARD; or to print or cause to be printed on any motion picture to be exhibited in any theater or public place or by television a label or notice showing the same to have been officially passed by the BOARD when the same has not been previously authorized, except motion pictures, television programs or publicity material imprinted or exhibited by the Philippine Government and/or its departments and agencies, and newsreels."
2. Section 3 of P.D. no. 1986 - "SECTION 3. Matters subject to review – All motion pictures, television programs and publicity materials, as defined in Chapter 1 hereof, whether these be for theatrical or non-theatrical distribution, for television broadcast or general viewing, imported or produced in the Philippines, and in the latter case, whether they be for local viewing or for export, shall be subject to review by the BOARD before they are exported, imported, copied, distributed, sold, leased, exhibited or broadcast by television;"
3. Section 7, Chapter IV of the MTRCB Rules and Regulations - "SECTION 7. REQUIREMENT OF PRIOR REVIEW – No motion picture, television program or related publicity material shall be imported, exported, produced, copied, distributed, sold, leased, exhibited or broadcast by television without prior permit issued by the BOARD after review of the motion picture, television program or publicity material."
4.  b) To screen, review and examine all motion pictures as herein defined, television programs, including publicity materials such as advertisements, trailers and stills, whether such motion pictures and publicity materials be for theatrical or non-theatrical distribution, for television broadcast or for general viewing, imported or produced in the Philippines, and in the latter case, whether they be for local viewing or for export;
5. c) To approve or disapprove, delete objectionable portions from and/or prohibit the importation, exportation, production, copying, distribution, sale, lease, exhibition and/or television broadcast of the motion pictures, television programs and publicity materials subject of the preceding paragraph, which, in the judgment of the board applying contemporary Filipino cultural values as standard, are objectionable for being immoral, indecent, contrary to law and/or good customs, injurious to the prestige of the Republic of the Philippines or its people, or with a dangerous tendency to encourage the commission of violence or of a wrong or crime, such as but not limited to:
6. d) To supervise, regulate, and grant, deny or cancel, permits for the importation, exportation, production, copying, distribution, sale, lease, exhibition, and/or television broadcast of all motion pictures, television programs and publicity materials, to the end that no such pictures, programs and materials as are determined by the BOARD to be objectionable in accordance with paragraph (c) hereof shall be imported, exported, produced, copied, reproduced, distributed, sold, leased, exhibited and/or broadcast by television;
7. Section 4 of P.D. 1986 - "SECTION 4. Decision. – The decision of the BOARD either approving or disapproving for exhibition in the Philippines a motion picture, television program, still and other pictorial advertisement submitted to it for examination and review must be rendered within a period of ten (10) days which shall be counted from the date of receipt by the BOARD of an application for the purpose, together with motion picture, television program, still or other pictorial advertisement to be reviewed.
8. Section 11 of P.D. 1986 - "SECTION 11. Penalty. – Any person who violates the provisions of this Decree and/or the implementing rules and regulations issued by the BOARD, shall, upon conviction, be punished by a mandatory penalty of three (3) months and one day to one (1) year imprisonment plus a fine of not less than fifty thousand pesos. The penalty shall apply whether the person shall have committed the violation either as principal, accomplice or accessory. If the offender is an alien, he shall be deported immediately. The license to operate the moviehouse, theater, or television station shall also be revoked. Should the offense be committed by a juridical person, the chairman, the president, secretary, treasurer, or the partner responsible therefore, shall be the persons penalized."