sic itur ad astra

      Freedom of Expression  | Constitutional Law Facts: Comelec Resolution No. 98-14191  approved a restraining order against ABS-CBN and other groups  prohibiting them from conducting an exit survey during the national elections. The information suggested that ABS-CBN's exit survey could conflict with the official Comelec count and Namfrel's unofficial quick count.  The court granted a Temporary Restraining Order prayed by ABS-CBN, suspending the implementation of the resolution. Media outlets conducted the exit polls without encountering any issues. Issue: WoN the Comelec can ban the holding of exit polls and the dissemination  of their results through mass media. Held:   The freedoms of speech and of the press should all the more be upheld when what is sought to be curtailed is the dissemination of information meant. to add meaning to the equally vital right of suffrage.   When faced with borderline situations in which the ...

               Liberty of Abode  | Constitutional Law Facts: Ferdinand E. Marcos, who was deposed from the presidency in 1986 and forced into exile. Corazon C. Aquino became the President under a revolutionary government.  The country faced economic devastation due to accumulated foreign debt and alleged plunder by Marcos and his cronies. Efforts at economic recovery and the recovery of ill-gotten wealth have been challenging. Now, with Marcos on his deathbed, he wishes to return to the Philippines, but Aquino opposes it due to the potential consequences for national stability and the fragile economy. The petition seeks a mandamus and prohibition to order the issuance of travel documents to Marcos and his family and to prevent the implementation of Aquino's decision to bar their return. Issue: WoN in the exercise of the powers granted by the Constitution, the President may prohibit the Marcoses from returning to the Philippines. Held:...

               Freedom of Expression  | Constitutional Law Police confiscated  allegedly obscene  magazines. Facts: The petitioner, publisher of "Pinoy Playboy" magazine, is seeking a review of the decision that dismissed his complaint for injunctive relief. The case arose from an anti-smut campaign led by the Mayor of Manila in December 1983, during which obscene and pornographic materials were seized and burned. Among the confiscated materials were issues of "Pinoy Playboy" magazine published by the petitioner. The petitioner filed a case seeking to enjoin the confiscation and prevent the restriction of the magazine's sale and circulation, arguing that it was protected by constitutional guarantees of freedom of speech and of the press. The trial court initially granted a temporary restraining order, but later denied the motion for a writ of preliminary injunction and dismissed the case. The petitioner appealed the decision to the ...

              Freedom of Expression  | Constitutional Law Facts: In August 1961, Manuel Lagunzad began producing a movie called "The Moises Padilla Story" based on a copyrighted book by Atty. Ernesto Rodriguez, Jr. Lagunzad purchased the rights to the book and planned to premiere the movie before the November 1961 elections. The film depicted the life of Moises Padilla, a murdered mayoralty candidate, and included portrayals of his mother, Maria Soto Vda. de Gonzales, and girlfriend "Auring." However, in October 1961, Padilla's half-sister, Mrs. Nelly Amante, representing her mother,  objected to the movie and requested changes.  Issue: WoN the  CA, in upholding the right to privacy of respondent as defined in Art. 26 of the New Civil Code over the right of petitioner to film the public life of a public figure, infringed upon the constitutional right of petitioner to free speech and free press. Held:  We find no merit in p...

             Freedom of Expression, Early Nomination  | Constitutional Law Law prohibits early nomination of candidates and limits period of  election campaign. Facts: R.A. No. 4880 provides: "It shall be unlawful for any political party, political committee, or political group to nominate candidates for any elective public office voted for at large earlier than one hundred and fifty days immediately preceding an election, and for any other elective public office earlier than ninety days immediately preceding an election." Petitioners claim that "the enforcement of said Republic Act No. 4880 in question [would] prejudice [their] basic rights..., such as their freedom of speech, their freedom of assembly and their right to form associations or societies for purpose not contrary to law, guaranteed under the Philippine Constitution," and that therefore said act is unconstitutional. Issue: WoN the  R.A. No. 4880  is unconstitutional. He...

            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 expressio...

           Freedom of Expression, Exit Polls | Constitutional Law Facts: A Petition for Certiorari was filed under Rule 65 of the Rules of Court, challenging the Commission on Elections (COMELEC) en banc Resolution No. 98-14191 dated April 21, 1998. The resolution approved a restraining order against ABS-CBN and other groups from conducting an exit survey during the national elections. Comelec issued the resolution based on information from a reliable source that ABS-CBN had planned to conduct an exit survey that could conflict with the official Comelec count and the unofficial quick count of the National Movement for Free Elections (NAMFREL). The court granted a Temporary Restraining Order, halting the implementation of the resolution. Despite this, the exit polls were eventually conducted by the media without any issues. Issue: WoN the Comelec can ban the holding of exit polls and the dissemination of their results through mass media. Held: Granted. Tempo...