Case Digest: Chavez vs Gonzales 511 SCRA 441 (2008)

          Freedom of Expression, Prior Restraint | Constitutional Law


Facts:
On June 5, 2005, the Press Secretary announced that there were audiotapes of a conversation between President Gloria Macapagal Arroyo and a high-ranking official of the Commission on Elections (COMELEC), suggesting election manipulation. The Department of Justice (DOJ) Secretary warned that possession or dissemination of the tapes could be punishable under the Anti-Wiretapping Act. The DOJ ordered the National Bureau of Investigation (NBI) to investigate media organizations that aired the tapes, and the NTC issued a press release warning radio and television stations about the airing of unauthenticated tapes. The NTC later held a dialogue with the Kapisanan ng mga Brodkaster sa Pilipinas (KBP), emphasizing responsible exercise of press freedom. 

Issue:
WoN the NTC warning embodied in the press release constitutes an impermissible prior restraint on freedom of expression.

Held: 
In resolving this issue, we hold that it is not decisive that the press statements made by respondents were not reduced in or followed up with formal orders or circulars. It is sufficient that the press statements were made by respondents while in the exercise of their official functions. Undoubtedly, respondent Gonzales made his statements as Secretary of Justice, while the NTC issued its statement as the regulatory body of media. Any act done, such as a speech uttered, for and on behalf of the government in an official capacity is covered by the rule on prior restraint. The concept of an "act" does not limit itself to acts already converted to a formal order or official circular. Otherwise, the non formalization of an act into an official order or circular will result in the easy circumvention of the prohibition on prior restraint. 

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