Facts: On December 1 and 3, 1983, pursuing an Anti-Smut Campaign initiated by the Mayor of the City of Manila, Ramon D. Bagatsing, elements of the Special Anti-Narcotics Group, Auxilliary Services Bureau, Western Police District, INP of the Metropolitan Police Force of Manila, seized and confiscated from dealers, distributors, newsstand owners and peddlers along Manila sidewalks, magazines, publications and other reading materials believed to be obscene, pornographic and indecent and later burned the seized materials in public at the University belt along C.M. Recto Avenue, Manila, in the presence of Mayor Bagatsing and several officers and members of various student organizations. Among the publications seized, and later burned, was "Pinoy Playboy" magazines published and co-edited by plaintiff Leo Pita.
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Showing posts with label freedom of expression. Show all posts
Showing posts with label freedom of expression. Show all posts
Pita v CA 178 SCRA 362 (1989)
case digest, Philippine law, jurisprudence, SCRA
bill of rights,
case digest,
constitutional law,
freedom of expression,
Pita v CA 178 SCRA 362 (1989)
Reyes v Bagatsing 125 SCRA 553 (1983)
Facts: Petitioner sought a permit from the City of Manila to hold a peaceful march and rally on October 26, 1983 from 2:00 to 5:00 in the afternoon, starting from the Luneta to the gates of the United States Embassy. Once there, and in an open space of public property, a short program would be held. The march would be attended by the local and foreign participants of such conference. That would be followed by the handing over of a petition based on the resolution adopted at the closing session of the Anti-Bases Coalition. There was likewise an assurance in the petition that in the exercise of the constitutional rights to free speech and assembly, all the necessary steps would be taken by it "to ensure a peaceful march and rally. However the request was denied. Reference was made to persistent intelligence reports affirming the plans of subversive/criminal elements to infiltrate or disrupt any assembly or congregations where a large number of people is expected to attend. Respondent suggested that a permit may be issued if it is to be held at the Rizal Coliseum or any other enclosed area where the safety of the participants themselves and the general public may be ensured. An oral argument was heard and the mandatory injunction was granted on the ground that there was no showing of the existence of a clear and present danger of a substantive evil that could justify the denial of a permit. However Justice Aquino dissented that the rally is violative of Ordinance No. 7295 of the City of Manila prohibiting the holding of rallies within a radius of five hundred (500) feet from any foreign mission or chancery and for other purposes. Hence the Court resolves.
case digest, Philippine law, jurisprudence, SCRA
bill of rights,
case digest,
constitutional law,
freedom of expression,
Reyes v Bagatsing 125 SCRA 553 (1983)
Ayer Production PTY Ltd. V Capulong (1988)
F: Pivate respondent Juan Ponce Enrile filed an action in the RTC of Makati to enjoin the petitioners from producing the movie "The Four Day Revolution," a documentary of the EDSA Revolution in 1986 on the ground that it violated his right to privacy. Petitioners contended that the movie would not involve his private life not that of his family. But the trial court issued a writ of preliminary injunction and ordered petitioners to desist from making the movie making reference whatsoever to Ponce Enrile. This, this action for certiorari.
case digest, Philippine law, jurisprudence, SCRA
Ayer Production PTY Ltd. V Capulong (1988),
bill of rights,
case digest,
constitutional law,
freedom of expression
US v Bustos 37 PHIL 731 (1909)
Facts: In the latter part of 1915, numerous citizens of the Province of Pampanga assembled, and prepared and signed a petition to the Executive Secretary(privileged communication) through the law office of Crossfield and O'Brien, and five individuals signed affidavits, charging Roman Punsalan, justice of the peace of Macabebe and Masantol, Pampanga, with malfeasance in office and asking for his removal. The specific charges against the justice of the peace include the solicitation of money from persons who have pending cases before the judge. Now, Punsalan alleged that accused published a writing which was false, scandalous, malicious, defamatory, and libelous against him.
Issue: Whether or Not accused is entitled to constitutional protection by virtue of his right to free speech and free press.
Issue: Whether or Not accused is entitled to constitutional protection by virtue of his right to free speech and free press.
case digest, Philippine law, jurisprudence, SCRA
bill of rights,
case digest,
constitutional law,
freedom of expression,
US v Bustos 37 PHIL 731 (1909)
Iglesia ni Cristo v CA 259 SCRA 529 (1996)
F: This is a petition for review on the decision of the CA affirming action of respondent Board of Review For Moving Pictures and Television that x-rated the TV Program "Ang Iglesia ni Cristo" classifying it not for public viewing on grounds that they offend and constitute an attack against other religions which is expressly prohibited by law. Respondent contends the Board acted without jurisdiction and in grave abuse of discretion by requiring them to submit VTR tapes and x-rating them and suppression of freedom of expression. Trial court rendered judgment ordering the Board to give petitioner the permit for their TV program while ordering petitioners to refrain from attacking and offending other religious sectors from their program. In their motion for reconsideration the petitioner prays for the deletion of the order of the court to make them subject to the requirement of submitting the VTR tapes of their programs for review prior to showing on television. Such motion was granted. Respondent board appealed before the CA which reversed the decision of the lower court affirming the jurisdiction and power of the board to review the TV program. In their petition for review on certiorari, petitioner assails the jurisdiction of the Board over reviewing of their TV program and its grave abuse of discretion of its power to review if they are indeed vested with such.
case digest, Philippine law, jurisprudence, SCRA
bill of rights,
case digest,
constitutional law,
freedom of expression,
Iglesia ni Cristo v CA 259 SCRA 529 (1996)
Adiong v Comelec 207 SCRA 712 (1992)
Facts: On January 13, 1992, the COMELEC promulgated Resolution No. 2347 pursuant to its powers granted by the Constitution, the Omnibus Election Code, Republic Acts Nos. 6646 and 7166 and other election laws.
Section 15(a) of the resolution provides: Sec. 15. Lawful Election Propaganda. — The following are lawful election propaganda: (a) Pamphlets, leaflets, cards, decals, stickers, handwritten or printed letters, or other written or printed materials not more than eight and one-half (8-1/2) inches in width and fourteen (14) inches in length. Provided, That decals and stickers may be posted only in any of the authorized posting areas provided in paragraph (f) of Section 21 hereof.
Section 15(a) of the resolution provides: Sec. 15. Lawful Election Propaganda. — The following are lawful election propaganda: (a) Pamphlets, leaflets, cards, decals, stickers, handwritten or printed letters, or other written or printed materials not more than eight and one-half (8-1/2) inches in width and fourteen (14) inches in length. Provided, That decals and stickers may be posted only in any of the authorized posting areas provided in paragraph (f) of Section 21 hereof.
case digest, Philippine law, jurisprudence, SCRA
Adiong v Comelec 207 SCRA 712 (1992),
bill of rights,
case digest,
constitutional law,
freedom of expression
PBM Employees Asso. v PBM 51 SCRA 189 (1973)
Facts: Petitioners informed the respondent employers of their schedule for a mass demonstration in protest for the alleged abuses of the Pasig police. Respondent invoke that the demonstration is a violation of their CBA agreement however petitioners contend it is an exercise of their freedom to peaceable assembly to seek redress of their grievances against the abusive Pasig police and not a strike against their employer. Respondent dismissed the petitioners and the court sustained their demonstration is one of bargaining in bad faith.
case digest, Philippine law, jurisprudence, SCRA
case digest,
constitutional law,
freedom of expression,
freedom to assembly and petition,
PBM Employees Asso. v PBM 51 SCRA 189 (1973)
Borjal v Court of Appeals 301 SCRA 1 January 14, 1999
Facts: A civil action for damages based on libel was filed before the court against Borjal and Soliven for writing and publishing articles that are allegedly derogatory and offensive against Francisco Wenceslao, attacking among others the solicitation letters he send to support a conference to be launch concerning resolving matters on transportation crisis that is tainted with anomalous activities. Wenceslao however was never named in any of the articles nor was the conference he was organizing. The lower court ordered petitioners to indemnify the private respondent for damages which was affirmed by the Court of Appeals. A petition for review was filed before the SC contending that private respondent was not sufficiently identified to be the subject of the published articles.
Issue: Whether or not there are sufficient grounds to constitute guilt of petitioners for libel.
case digest, Philippine law, jurisprudence, SCRA
Borjal v Court of Appeals 301 SCRA 1,
case digest,
constitutional law,
freedom of expression,
privileged communication
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