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Transcript of Motion for Reconsideration: Live Coverage of the Am
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Republic of the Philippines
SUPREME COURTManila
IN RE: PETITION FOR RADIO AND
TELEVISION COVERAGE OF THE
MULTIPLE MURDER CASES
AGAINST MAGUINDANAO
GOVERNOR ZALDY AMPATUAN, ET.
AL. ,
x-----------------------------------------------------------x
LETTER OF HIS EXCELLENCY
BENIGNO C. AQUINO III,
PRESIDENT OF THE PHILIPPINES,
DATED 22 NOVEMBER 2010
A.M. No.10-11-5-SC
A.M. No. 10-11-7-SC
X----------------------------------------------------------------------------------------------------------------X
MOTION FOR RECONSIDERATION
Petitioners, through undersigned counsel, respectfully allege:
1.0 On 21 November 2012, undersigned counsel received a Notice from the Clerk of
Court En Banc, signed by Enriqueta E. Vidal, Clerk of Court, notifying the undersigned that the
Honorable Court issued a Resolution dated 23 October 2012, the dispositive portion of which
states:
WHEREFORE, premises considered, the Court resolves to:
1. DENY the Partial Motion for Reconsideration datedJune 29, 2011 of petitioners Editha Mirandilla andGlenna Logarta;
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2. PARTIALLY GRANT the Motion for Reconsiderationdated June 27, 2011 filed by accused Andal Ampatuan,
Jr. and to MODIFY this Courts Resolution dated June14, 2011, by disallowing the live media broadcast of the
trial in Criminal Case Nos. Q-09-162148-72, Q-
09162216-31, Q-10-162652-66, and Q-163766, subjectto the following guidelines on audio-visual recordingand streaming of the video coverage:
xxx xxx xxx
2.0 Petitioners reiterate their argument, among others, that theAquino andEstrada
policies reinstated in the assailed resolution violate the doctrine that proposed restrictions on
constitutional rights are to be narrowly construed, that outright prohibition cannot stand when
regulation is a viable alternative. Accordingly, petitioners hereby re-plead by reference all their
arguments in their Petition dated 19 November 2010 and reproduce them herein by incorporation
and reference.
GROUNDS FOR RECONSIDERATION
I. Compelling circumstances militate against blind adherence to stare decisis.II. The balancing-of-interests test applied in the resolution runs contra to the Courts
established rulings on freedom of speech, and in truth, the rights of the accused
and those of a free press, to information and to a public trial are not repugnant to
each other.
III. There are no factual bases to sustain the conclusion that live televised coveragewill unduly influence judges and witnesses.
IV. Regulation is to be preferred over outright prohibition; neither should prohibitionin the guise of regulation be preferred.
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DISCUSSION
COMPELLING CIRCUMSTANCES MILITATE AGAINST BLIND ADHERENCE TO STARE DECISIS.
xxx Supreme Court rulings are not written in stone so that they will
remain unerased and applicable for all times. The Supreme Court's
review of rulings and their binding effects is a continuing one so
that a ruling in one era may be declared by the Court at some
future time to be no longer true and should thus be abandoned and
changed.
-- separate opinion of Justice Arturo Brion,
De Castro v. Judicial and Bar Council
3.0 In its Resolution dated 14 June 2011, a unanimous Court1
voted to overturn a doctrine
first enunciated in 1991 inRe: Live TV and Radio Coverage of the Hearing of President
Corazon C. Aquinos Libel Case2
then reiterated in 2001 inRe: Request Radio-TV Coverage of
the Trial in the Sandiganbayan of the Plunder Cases Against the Former President Joseph E.
Estrada3
to the effect that live coverage by television and radio of courtroom proceedings are
absolutely prohibited. The resolution, penned by former Associate Justice Conchita Carpio-
Morales, held that
The rationale for an outright total prohibition wasshrouded, as it is now, inside the comfortable cocoon of a feared
speculation which no scientific study in the Philippine settingconfirms, and which fear, if any, may be dealt with by safeguards
and safety nets under existing rules and exacting regulations.
4.0 In this day and age, the Court ruled,
1With the exception of former Chief Justice Renato Corona, who was on official leave at the time, and Associate
Justice Arturo Brion, who was on sick leave.
2En Banc Resolution dated 22 October 1991, hereinafter referred to asAquino.
3A.M. No. 01-4-03-SC dated 29 June 2001, 360 SCRA 248, hereinafter referred to as Estrada.
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it is about time to craft a win-win situation that shall notcompromise rights in the criminal administration of justice,
sacrifice press freedom and allied rights, and interfere with theintegrity, dignity and solemnity of judicial proceedings.
Compliance with regulations, not curtailment of a right, provides a
workable solution to the concerns raised in these administrativematters, while, at the same time, maintaining the same underlyingprinciples upheld in the two previous cases.
5.0 In effect, it took two decades to overturn a prohibition, no doubt impelled by the
unique circumstances of the instant case, yet in its Resolution of 23 October 2012, it took the
Court all of 16 months to reverse itself, confiscate a boon it had extended to the people and
revert to a ruling that, whether one acknowledges it or not, is based antiquatedly on an American
case decided in the mid-1960s.4
The point need not be belabored that petitioners are greatly
alarmed by the change-of-heart since it represents another instance of what has been described as
the Courts recent tendency to flip-flop.5
6.0 While the resolution does not expressly so state, it in truth demonstrates the
application of the principle ofstare decisis et non quieta movere. This much is evident since the
resolution virtually replicatesEstrada andAquino, citations which in themselves are problematic
since they are the very same decisions being questioned on constitutional grounds by petitioners.
Further, the resolution persists in relying onEstes,6
albeit indirectly since it citesAquino citing
Estes. Continuing reliance on these authorities, petitioners maintain, renders the Courts recent
resolution as constitutionally suspect as its progenitors.
4Estes v. Texas, 381 U.S. 532 (1965). As argued in the petition, Estes does not represent the most contemporary
position of the Supreme Court of the United States on the issue of television cameras inside the courtroom; it has
been overtaken by Chandler v. Florida, 449 U.S. 560 (1981).
5The more notorious examples of these flip-flops are the Dinagat, FASAP and Hacienda Luisita cases. Of more
recent vintage is Keppel v. Pioneer, G.R. Nos. 180880-81, 18 September 2012, where the Court en banc once again
recalled a decision that had become final and executoryand recorded as such in the Book of Entries of
Judgmentscomplicated by a similar circumstance in the FASAP, in that the losing party sent a letter to then Chief
Justice Renato Corona.
6See footnote 21 of the resolution.
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The doctrine ofstare decisis
7.0 In English, stare decisis et non quiete movere means to stand by decisions and not
disturb the undisturbed.7
In matters of jurisprudence, it is deemed sound practice to follow and
obey precedents as established by a superior court. InNegros Navigation Co., Inc. v. Court of
Appeals, the Court held, to wit:
Adherence xxx is dictated by this Court's policy ofmaintaining stability in jurisprudence in accordance with the legal
maxim "stare decisis et non quieta movere" (Follow pastprecedents and do not disturb what has been settled.). Where, as in
this case, the same questions relating to the same event have beenput forward by parties similarly situated as in a previous case
litigated and decided by a competent court, the rule of stare decisisis a bar to any attempt to relitigate the same issue. In Woulfe v.
Associated Realties Corporation, the Supreme Court of NewJersey held that where substantially similar cases to the pending
case were presented and applicable principles declared in priordecisions, the court was bound by the principle of stare decisis.
Similarly, in State ex rel. Tollinger vs. Gill, it was held that underthe doctrine of stare decisis a ruling is final even as to parties who
are strangers to the original proceeding and not bound by thejudgment under the res judicata doctrine. The Philadelphia court
expressed itself in this wise: "Stare decisis simply declares that, forthe sake of certainty, a conclusion reached in one case should be
applied to those which follow, if the facts are substantially thesame, even though the parties may be different."
8
8.0 Stare decisis has its uses. To begin with, it permits society to presume that bedrock
principles are founded in the law rather than in the proclivities of individuals, and thereby
contributes to the integrity of our constitutional system of government, both in appearance and in
fact.9
It reflects a policy judgment that in most matters it is more important that the applicable
rule of law be settled than that it be settled right.10
On more practical terms, the principle is
crucial since it insure[s] that people are guided in their personal and business dealings by prior
court decisions, through established and fixed principles they announce.11
7Blacks Law Dictionary, 9
thed.
8281 SCRA 534, 542-543 (1997).
9Vasquez v. Hillery, 474 U.S. 254, 265-266 (1986).
10Agostini v. Felton, 521 U.S. 203, 235 (1997).
11Corby v. McCarthy, 154 Md. App. 446, 840 A.2d 188, 207 (2003).
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9.0 Apart from its theoretical importance, the doctrine has been said to possess
operational significance as well. Thus, it has also been held that the application ofstare decisis
saves resources and promotes judicial efficiency.12
10.0 Here, whether the doctrine has been applied correctly remains to be seen because, as
authorities attest, the rule ofstare decisis is not an inexorable command.
The rule ofstare decisis is
not absolute; exceptions
11.0 The general rule can be formulated that courts refrain from deviating from precedent
especially when it has been followed for a long period of time.13
It is safe to say that there is no
definite period in terms of exact days, months or years which will render a particular judicial
pronouncement immutable, if indeed there can be any. Prior to the Courts reversal of its 14
June 2011 resolution, the ban on television cameras inside courtrooms had been in place for 20
years beginning in 1991 withAquino and continuing through 2001 inEstrada. In those two
decades, the prohibition had been tackled no oftener than two times until challenged here; thus, it
cannot be said that stare decisis ought to be observed because many have relied on it.14
In those
two challenges, the Court basically found that the constitutional rights of the accused greatly
outweigh the freedom of the press, the right of the public to information and the right to a public
trial.
12State v. Ferguson, 260 Conn. 339, 796 A.2d 1118, 1138 (2002).
13See Missouri v. Ross, 299 U.S. 72, 75 (1936).
14Stare decisis tends to be more strictly observed in cases involving property rights. See, for instance, City of Las
Vegas v. Oman, 110 N.M. 425, 796 P.2d 1121 (Ct. App. 1990); Johnson v. Chicago, B. & Q. R. Co., 243 Minn. 58, 66
N.W.2d 763 (1954).
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12.0 The Courts 14 June 2011 resolution, however, saw fit to rule differently. As the
ponencia held, The indication of serious risks posed by live media coverage to the accuseds
right to due process, left unexplained and unexplored in the era obtaining in Aquino andEstrada,
has left a blow to the exercise of press freedom and the right to public information.15
In fact, in
a sharp departure fromAquino andEstrada, the Court re-visioned the aforesaid freedoms as only
seemingly competing but actually complementary rights.
13.0 As earlier mentioned, when compared to the 20-year lifespan ofAquino and
Estrada, the 16 months it took for the Court to reverse itself since its 14 June 2011 resolution is a
wink in time. (It can even be argued thatAquino andEstrada have roots that go way back, to the
mid-1960s, in fact, because of their dependence onEstes.) During those 20-plus years,
substantial changes occurred, in technology, social mores, and more to the point, in
constitutional interpretation both here and in the United States. As the Courts resolution of 14
June 2011 recognized, Technology tends to provide the only solution to break the inherent
limitations of the courtroom, to satisfy the imperative of a transparent, open and public trial.16
14.0 These radical changes, however, cannot be said to have taken place in the 16 months
between the Courts first resolution and the second. Petitioners cannot identify a single
compelling circumstance or circumstancesother than plain tergiversationthat merited a
complete volte face,17
underscored, moreover, by the fact that the first resolution was handed
down by a unanimous Court! As it is, the assailed second resolution does not reveal the voting
of the Justices; thus, petitioners, as well as the bench and bar, are in the dark as to how the voting
went in granting the Ampatuans motion for reconsideration.
15 652 SCRA 1, 18.
16Id..
17The only notable change, as far as petitioners can tell, involved the impeachment and conviction of a Chief
Justice and the appointment of another.
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15.0 This departure was possible because, as a judicial policy, stare decisis is not an
inflexible rule to be slavishly followed. In this connection, it has been held that the policy is at
its weakest in constitutional disputes (such as the case at bar) first, because a Supreme Court
interpretation of a Charter provision can only be altered by a constitutional amendment or the
overruling of precedent,18
and second, because in such cases, correction through legislative
action is practically impossible.19
In Planned Parenthood of Southeastern Pa. v. Casey, a four-
way test was formulated by which obedience to, or abandonment of precedent, was in order,
thus:
xxx when this Court reexamines a prior holding, its judgment iscustomarily informed by a series of prudential and pragmaticconsiderations designed to test the consistency of overruling a
prior decision with the ideal of the rule of law, and to gauge therespective costs of reaffirming and overruling a prior case. Thus,
for example, we may ask whether the rule has proven to beintolerable simply in defying practical workability xxx; whether
the rule is subject to a kind of reliance that would lend a specialhardship to the consequences of overruling and add inequity to the
cost of repudiation, xxx; whether related principles of law have sofar developed as to have left the old rule no more than a remnant of
abandoned doctrine xxx; or whether facts have so changed, orcome to be seen so differently, as to have robbed the old rule of
significant application or justification xxx. (citations omitted)20
16.0 As applied to this case, we may legitimately ask if, first, the prohibition against live
television coverage inAquino andEstrada has become unworkable; second, if overturning these
authorities will work undue hardship to those who have relied on them; third, whether related
principles of law have evolved such as to render these precedents an anachronism; and fourth,
whether facts have so changed as to render the prohibition irrelevant or unjustifiable.
18Agostini v. Felton, supra note 10, 235.
19Seminole Tribe of Florida v. Florida, 517 U.S. 44, 63 (1996).
20Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833, 854-855 (1992).
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17.0 Anent the first, the inquiry begs itself because the prohibition is absolute: no
television cameras are allowed inside courtrooms. In other words, there is nothing to unwork
or that has become unworkable. Now, if the opposite were true, that is, if live coverage of
criminal trials were allowed, then the inquiry will turn on whether or not live TV coverage has
become so cumbersome, so unfeasible in practice that the effort does not justify the result. But
that is not the case.
18.0 As to the second, neither may it be argued that overturningAquino andEstrada will
unduly prejudice those who have relied on them. Pertinent thereto, it has been held that
In assessing reliance as a factor weighing against possible
overruling of a previous case, the court must ask whether theprevious decision has become so embedded, so accepted, so
fundamental to everyones expectations that to change it wouldproduce not just re-adjustments but practical real-world
dislocations; to have reliance, the knowledge must be of the sortthat causes a person or entity to attempt to conform his or her
conduct to a certain norm before the triggering event.21
19.0 To repeat an earlier point, the issue of television cameras in Philippine courts has
arisen only twice, precisely in these two cases, so anyone will be hard put to argue that over the
years, a great number have relied upon them and that the rights of these non-existent great
numbers will be gravely prejudiced by reversingAquino andEstrada.
20.0 With regard to the third and fourth, in the years intervening between Aquino and
Estrada and the Courts resolution of 14 June 2011, relevant facts and principles of law have
evolved, beginning with Chandler v. Florida22
(which both cases failed to mention and which the
Courts resolution of 23 October 2012 continues to ignore) in conjunction with the many
authorities cited in the petition pertinent to constitutional rights, history and current events23
21People v. Petit, 466 Mich. 624, 648, N.W.2d 193, 199 (2002).
22
See footnote 4.
23In the interest of brevity, petitioners will not reproduce them here, but in passing, these would include the
model law of California and the state-by-state guide. Suffice it to state that a signal failing of the resolution dated
14 June 2011, as well as that of 23 October 2012, failed to directly address the many constitutional issues raised by
petitioners. The Courts own resolution of 14 June 2011 acknowledges also, thus: Other jurisdictions welcome
the idea of media coverage. Almost all the proceedings of United Kingdoms Supreme Court are filmed, and
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which persuasively establish that prohibiting television cameras inside courtrooms finds no home
in the open and transparent atmosphere of the 21st
century. Facts, too, have changed: advances
in technology, for one, have addressed many of the concerns raised in Estes about the intrusion
of television cameras inside trial courts. As the Court itself noted in its 14 June 2011 resolution,
Indeed, the Court cannot gloss over what advancestechnology has to offer in distilling the abstract discussion of keyconstitutional precepts into the workable context. Technologyper
se has always been neutral. It is the use and regulation thereof thatneed fine-tuning. Law and technology can work to the advantage
and furtherance of the various rights herein involved, within thecontours of defined guidelines.
24
21.0 The inescapable conclusion to be drawn is that stare decisis is not to be adhered to
when the precedent is a mere survivor of obsolete constitutional thinking.25
Separate opinions asstare
decisis
22.0 In the assailed resolution, the en banc held, to wit,
In this case that has achieved notoriety and sensational
status, a greater degree of care is required to safeguard theconstitutional rights of the accused. To be in the best position to
weigh the conflicting testimonies of the witnesses, the judge mustnot be affected by any outside force or influence. Like any human
being, however, a judge is not immune from the pervasive effectsof the media.
23.0 To support this argument, the resolution cites the separate opinions on the Hon.
Justice Arturo D. Brion inBiraogo v. Philippine Truth Commission26
andLejano v. People.27
Concurring or dissenting opinions, however, have been held to have no stare decisis effect.28
sometimes broadcast. The International Criminal Court broadcasts its proceedings via video streaming in the
internet.
24Estrada, at 17.
25Planned Parenthood, supra note 20, at 857.
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THE BALANCING-OF-INTERESTS TEST APPLIED IN THE
RESOLUTION RUNS CONTRA TO THE COURTS ESTABLISHED
RULINGS ON FREEDOM OF SPEECHAND IN TRUTH, THE RIGHTS OF
THE ACCUSED AND THOSE OF A FREE PRESS, TO INFORMATION
AND TO A PUBLIC TRIAL ARE NOT REPUGNANT TO EACH OTHER.
The Supreme Court shall have the following powers: xxx
promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all
courts, xxx. Such rules xxx shall not diminish, increase, or modify
substantive rights.
-- section 5(5), article VIII, Constitution
24.0 Often, a motion for reconsideration is junked on the premise that the movant failed
to adduce new and convincing arguments that will warrant a reversal of the order or judgment
being assailed, the operative word being rehash. It is unfortunateand indeed quite strange
that both the resolutions dated 14 June 2011 and 23 October 2012 failed to even discuss, among
other points, with some semblance of detail, petitioners assertion that the proscription against
television cameras in the courtroom offend (1) freedom of the press; (2) right to information; (3)
right to a fair and public trial; (4) right to assembly and to petition the government for redress of
grievances; (5) right of free access to courts; and (6) freedom of association. This failure is all
the more marked especially where the issue of constitutionality is the very lis mota of the case, as
it is here, and the Court usually takes pains to discuss the issues raised, knowing full well that its
decisions are not intended for the parties solely, but also for the profession of law and for the
academe. As a result, petitioners are compelled to re-state the arguments in their petition, and to
be fair, if petitioners are to be condemned for recycling arguments raised in support of the
instant motion, the same adjective can also be applied to the resolution of 23 October 2012
which virtually reproduces the ratioalready traversed by petitionersofAquino andEstrada.
26637 SCRA 78 (2010).
27638 SCRA 104 (2010).
28In re Thomas-Pinkney, 840 A.2d 700 (D.C. 2004); Boode v. Allied Mut. Ins. Co., 458 P.2d 653 (Wyo. 1969).
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25.0 In the questioned resolution, the Court held,
While this Court recognizes the freedom of the press andthe right to public information, which, by the way, are rights that
belong to non-directparties to the case, the rights of the directparties should not be forgotten. In a clash among these competing
interests and in terms of the values the Constitution recognizes,jurisprudence makes it clear that the balance should always be in
favor of the accused[,]
and as support, proceeds to citeEstrada. As already mentioned, the citation is problematic
because it submits as an authority the very same decision whose constitutionality is being
assailed. And then there is the obiter dictum to the effect that petitioners are non-direct parties
to the case, a characterization which leads to some head-scratching. In a criminal case, the
direct parties thereto are the People of the Philippines and the person of the accused; the
victim of the crime ceases to be the offended party and as such, his or her interest becomes
limited to the civil liability arising from the crime. In the process of splitting hairs, somehow,
petitioners have become something less than people of the Philippines and presumably
something else entirely, they know not what.
26.0 In any case, prescinding from the above, the assailed resolution regurgitates the
notion that the rights of the accused are in competition with the peoples rights, a contention
already debunked by the Courts resolution of 14 June 2011, to the effect that these rights, far
from being competitive with each other, are in truth complementary. What the two resolutions
fail to mention is that this latter characterization has legal support, duly cited by petitioners, in
the case ofPress-Enterprise Co., v. Superior Court, thus:
[i]t is difficult to disagree in the abstract with that court's analysisbalancing the defendant's right to a fair trial against the public right
of access. It is also important to remember that these interests arenot necessarily inconsistent. Plainly, the defendant has a right to a
fair trial but, as we have repeatedly recognized, one of theimportant means of assuring a fair trial is that the process be open
to neutral observers.29
29478 U.S. 1, 7 (1986).
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The crucial difference here is that the authority cited by herein petitioners is not one whose
constitutionality is under attack, unlike the Courts continued reliance onEstrada.
27.0 Two points ought to be kept in mind. First, [the freedom of the press] are not for
the benefit of the press so much as for the benefit of all of us. A broadly defined freedom of the
press assures the maintenance of our political system and an open society.30
Second, freedom
of the press is not merely a private property right inuring to mass media enterprises.31
The result is only as valid
as the test applied
28.0 That the banning of television cameras inside courtrooms is a content-based
prohibition brooks no argument. This much is clear based on the case ofChavez v. Gonzales 32
cited in the petition whichagainthe resolutions fail to address. The error of the resolution of
23 October 2012 is that it stubbornly persists in applying a balancing-of-interests test when
according to the Chavez, it shouldnt be so. As Chavez explains, freedom of the press has four
components: (1) freedom from prior restraint; (2) freedom from subsequent punishment; (3)
freedom of access to information; and (4) freedom of circulation. Most relevant here is the
freedom from prior restraint which consists, basically, of actions by the State to restrict
expression and the media in advance of publication or dissemination. The prior restraint element
inAquino and Estrada is evident because they prohibit the mere presence of television cameras
inside the courtroom even before broadcasting.
30 Time, Inc. v. Hill, 385 U.S. 374, 389 (1967).
31State ex rel Miami Herald Publishing Co. v. McIntosh (Fla), 340 So 2d 904 (1976); Firstamerica Development
Corp. V. Daytona Beach News-Journal Corp., (Fla) 196 So 2d 97, 15 ALR3d 1238 (1966).
32545 SCRA 441 (2008).
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29.0 Chavez is also insightful in that it explains the difference between a content-neutral
prohibition and a content-based one: the former is merely concerned with the incidents of the
speech, or one that merely controls the time, place or manner, and under well defined standards
whereas the latter is one where the restriction is based on the subject matter of the utterance or
speech. The distinction has to be made because it is determinative of the test appropriate to a
free speech challenge.
When the speech restraints take the form of a content-
neutral regulation, only a substantial governmental interest isrequired for its validity. Because regulations of this type are not
designed to suppress any particular message, they are not subjectto the strictest form of judicial scrutiny but an intermediate
approach somewhere between the mere rationality that isrequired of any other law and the compelling interest standard
applied to content-based restrictions. The test is calledintermediate because the Court will not merely rubberstamp the
validity of a law but also require that the restrictions be narrowly-tailored to promote an important or significant governmental
interest that is unrelated to the suppression of expression. Theintermediate approach has been formulated in this manner:
A governmental regulation is sufficiently justified if it is
within the constitutional power of the Government, if it furthers animportant or substantial governmental interest; if the governmental
interest is unrelated to the suppression of free expression; and ifthe incident restriction on alleged [freedom of speech &
expression] is no greater than is essential to the furtherance of thatinterest.
On the other hand, a governmental action that restrictsfreedom of speech or of the press based on content is given the
strictest scrutiny in light of its inherent and invasive impact. Onlywhen the challenged act has overcome the clear and present
danger rule will it pass constitutional muster, with the governmenthaving the burden of overcoming the presumed unconstitutionality.
Unless the government can overthrow this presumption, the
content-based restraint will be struck down.
With respect to content-based restrictions, the government
must also show the type of harm the speech sought to be restrainedwould bring about especially the gravity and the imminence of
the threatened harm otherwise the prior restraint will be invalid.Prior restraint on speech based on its content cannot be justified by
hypothetical fears, "but only by showing a substantive andimminent evil that has taken the life of a reality already on
ground." As formulated, "the question in every case is whether thewords used are used in such circumstances and are of such a nature
as to create a clear and present danger that they will bring about
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the substantive evils that Congress has a right to prevent. It is aquestion of proximity and degree."
The regulation which restricts the speech content must also
serve an important or substantial government interest, which is
unrelated to the suppression of free expression.
Also, the incidental restriction on speech must be no greater
than what is essential to the furtherance of that interest. Arestriction that is so broad that it encompasses more than what is
required to satisfy the governmental interest will be invalidated.The regulation, therefore, must be reasonable and narrowly drawn
to fit the regulatory purpose, with the least restrictive meansundertaken.
Thus, when the prior restraint partakes of a content-
neutral regulation, it is subjected to an intermediate review. Acontent-based regulation, however, bears a heavy presumption ofinvalidity and is measured against the clear and present danger
rule. The latter will pass constitutional muster only if justified by acompelling reason, and the restrictions imposed are neither
overbroad nor vague.33
30.0 In the instant case, the prohibition does not purport to regulate the incidents of
speech or control the time, place or manner of expression. On the contrary, it absolutely forbids
a very specific set of content: video and audio of the trial itself. Because the ban on television
cameras is a content-based prohibition, the conclusion is inevitable that the correct test to apply
is the clear and present danger test and not that of balancing-of-interests.
31.0 In applying the clear and present danger test, the State bears the burden of showing
that a clear and present danger of a substantive evil exists, one which it has a right to prevent;
said evil, being a question of proximity and degree, must be both substantial andimminent. As
petitioners have repeatedly said that, in the absence of empirical evidence that television cameras
will undoubtedly prejudice an accuseds right to a fair trial, fear is not the equivalent of proof.
33Id., at 493-496.
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With respect to content-based restrictions, the governmentmust also show the type of harm the speech sought to be restrained
would bring about especially the gravity and the imminence ofthe threatened harm otherwise the prior restraint will be invalid.
Prior restraint on speech based on its content cannot be
justified by hypothetical fears, "but only by showing asubstantive and imminent evil that has taken the life of areality already on ground." As formulated, "the question in every
case is whether the words used are used in such circumstances andare of such a nature as to create a clear and present danger that they
will bring about the substantive evils that Congress has a right toprevent. It is a question of proximity and degree."
The regulation which restricts the speech content must also
serve an important or substantial government interest, which isunrelated to the suppression of free expression.
Also, the incidental restriction on speech must be no
greater than what is essential to the furtherance of that
interest. A restriction that is so broad that it encompasses more
than what is required to satisfy the governmental interest will
be invalidated. The regulation, therefore, must be reasonable andnarrowly drawn to fit the regulatory purpose, with the least
restrictive means undertaken.34
32.0 Till now, the assailed resolution has failed to explain why it persists in applying the
balancing-of-interests test.
THERE ARE NO FACTUAL BASES TO SUSTAIN THE CONCLUSION
THAT LIVE TELEVISED COVERAGE WILL UNDULY INFLUENCE
JUDGES AND WITNESSES.
33.0 In asserting that live televised coverage of judicial proceedings involve an inherent
denial of due process, the assailed resolution once more returns to Aquino, to the effect that
Experience likewise has established the prejudicial effect oftelecasting on witnesses. Witnesses might be frightened, play to
the camera, or become nervous. They are subject to extraordinaryout-of-court influences which might affect their testimony. Also,
telecasting not only increases the trial judges responsibility toavoid actual prejudice to the defendant, it may as well affect his
own performance. Judges are human beings also and are subject tothe same psychological reactions as laymen. For the defense,
telecasting is a form of mental harassment and subjects him toexcessive public exposure and distracts him from the effective
presentation of his defense.
34Chavez, at 459.
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The television camera is a powerful weapon whichintentionally or inadvertently can destroy an accused and his case
in the eyes of the public.
34.0 Prejudicial publicity, however, has been debunked in a succession of cases35
as
sufficient ground to either (a) overturn a conviction, or (b) to enjoin trial. More to the point, in
People v. Teehankee, the Court formulated a totality of circumstances test, as follows:
We cannot sustain appellant's claim that he was denied the
right to impartial trial due to prejudicial publicity. It is true that theprint and broadcast media gave the case at bar pervasive publicity,
just like all high profile and high stake criminal trials. Then andnow, we rule that the right of an accused to a fair trial is
not incompatible to a free press. To be sure, responsiblereporting enhances an accused's right to a fair trial for, as well
pointed out, "a responsible press has always been regarded as thehandmaiden of effective judicial administration, especially in the
criminal field . . . The press does not simply publish informationabout trials but guards against the miscarriage of justice by
subjecting in the police, prosecutors, and judicial processes toextensive public scrutiny and criticism."
Pervasive publicity is not per se prejudicial to the right ofan accused to fair trial. The mere fact that the trial of appellant wasgiven a day-to-day, gavel-to-gavel coverage does not by itself
prove that the publicity so permeated the mind of the trial judgeand impaired his impartiality. For one, it is impossible to seal the
minds of members of the bench from pre-trial and other off-courtpublicity of sensational criminal cases. The state of the art of our
communication system brings news as they happen straight to ourbreakfast tables and right to our bedrooms. These news form part
of our everyday menu of the facts and fictions of life. For another,our idea of a fair and impartial judge is not that of a hermit who is
out of touch with the world. We have not installed the jury systemwhose members are overly protected from publicity lest they lose
their impartiality. Criticisms against the jury system are mountingand Mark Twain's wit and wisdom put them all in better
perspective when he observed: "When a gentleman of high socialstanding, intelligence, and probity swears that testimony given
under the same oath will outweigh with him, street talk andnewspaper reports based upon mere hearsay, he is worth a hundred
jurymen who will swear to their own ignorance and stupidity . . .Why could not the jury law be so altered as to give men of brains
and honesty an equal chance with fools and miscreants?" Our
judges are learned in the law and trained to disregard off-courtevidence and on-camera performances of parties to a litigation.
35People v. Sanchez, 302 SCRA 21 (1999); People v. Sesbreo, 314 SCRA 87 (1999); Larranaga v. Court of Appeals,
287 SCRA 581 (1998); Webb v. De Leon, 247 SCRA 652 (1995); Martelino v. Alejandro, 32 SCRA 106, 117 (1970).
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Their mere exposure to publications and publicity stunts does not per se fatally infect their impartiality.
At best, appellant can only conjure possibility of prejudice
on the part of the trial judge due to the barrage of publicity that
characterized the investigation and trial of the case. InMartelino,et al. v.Alejandro, et a1., we rejected this standard of possibility ofprejudice and adopted the test of actual prejudice as we ruled that
to warrant a finding of prejudicial publicity, there must beallegation and proof that the judges have been unduly influenced,
not simply that they might be, by the barrage of publicity. In thecase at bar, the records do not show that the trial judge developed
actual bias against appellant as a consequence of the extensivemedia coverage of the pre-trial and trial of his case. The totality of
circumstances of the case does not prove that the trial judgeacquired a fixed opinion as a result of prejudicial publicity which
is incapable of change even by evidence presented during the trial.Appellant has the burden to prove this actual bias and he has not
discharged the burden.36
(emphasis supplied)
35.0 A few points bear repeating, even at the risk of redundancy:
1. the right of an accused to a fair trial is not incompatible to a free press;2. pervasive publicity is not per se prejudicial to the right of an accused to fair trial;3. judges are learned in the law and are unlike juries in that the latter need to be protected to
preserve their impartiality; and
4. there must be both (a) allegation and (b) proof that the judge has been unduly influenced.
36.0 Mystifyingly, the assailed resolution ignores Teehankee even though the totality-of-
circumstances test formulated therein was subsequently applied in the case ofEstrada v.
Desierto where it was held,
Petitioner also contends that the respondent Ombudsmanshould be stopped from conducting the investigation of the cases
filed against him due to the barrage of prejudicial publicity on hisguilt. He submits that the respondent Ombudsman has developed
bias and is all set to file the criminal cases in violation of his rightto due process.
36249 SCRA 54, 104-106 (1995).
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There are two (2) principal legal and philosophical schoolsof thought on how to deal with the rain of unrestrained publicity
during the investigation and trial of high profile cases. The Britishapproach the problem with the presumption that publicity will
prejudice a jury. Thus, English courts readily stay and stop
criminal trials when the right of an accused to fair trial suffers athreat. The American approach is different. US courts assume askeptical approach about the potential effect of pervasive publicity
on the right of an accused to a fair trial. They have developeddifferent strains of tests to resolve this issue, i.e., substantial
probability of irreparable harm, strong likelihood, clear and presentdanger, etc.
This is not the first time the issue of trial by publicity has
been raised in this Court to stop the trials or annul convictions inhigh profile criminal cases. x x x
x x x x x x x x x
We expounded further on this doctrine in the subsequentcase ofWebb vs. Hon. Raul de Leon, etc. and its companion
cases. viz.:
Again, petitioners raise the effect of prejudicial publicity on theirright to due process while undergoing preliminary investigation.
We find no procedural impediment to its early invocationconsidering the substantial risk to their liberty while undergoing a
preliminary investigation.
x x x
The democratic settings, media coverage of trials of
sensational cases cannot be avoided and oftentimes, itsexcessiveness has been aggravated by kinetic developments in the
telecommunications industry. For sure, few cases can match thehigh volume and high velocity of publicity that attended the
preliminary investigation of the case at bar. Our daily diet of factsand fiction about the case continues unabated even today.
Commentators still bombard the public with views not too many ofwhich are sober and sublime. Indeed, even the principal actors in
the case the NBI, the respondents, their lawyers and theirsympathizers have participated in this media blitz. The
possibility of media abuses and their threat to a fair trialnotwithstanding, criminal trials cannot be completely closed to the
press and public. In the seminal case ofRichmond Newspapers,Inc. v. Virginia, it was wisely held:
x x x
(a) The historical evidence of the evolution of the criminal trialin Anglo-American justice demonstrates conclusively that the time
this Nations organic laws were adopted, criminal trials both hereand in England had long been presumptively open, thus giving
assurance that the proceedings were conducted fairly to allconcerned and discouraging perjury, the misconduct of
participants, or decisions based on secret bias or partiality. In
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addition, the significant community therapeutic value of publictrials was recognized: when a shocking crime occurs, a community
reaction of outrage and public protest often follows, and thereafterthe open processes of justice serve an important prophylactic
purpose, providing an outlet for community concern, hostility, and
emotion. To work effectively, it is important that societyscriminal process satisfy the appearance of justice, Offutt v.United States, 348 US 11, 14, 99 L Ed 11, 75 S Ct 11, which can
best be provided by allowing people to observe such process.From this unbroken, uncontradicted history, supported by reasons
as valid today as in centuries past, it must be concluded that apresumption of openness inheres in the very nature of a criminal
trial under this Nations system of justice, Cf., e.g., Levine v.United States, 362 US 610, 4 L Ed 2d 989, 80 S Ct 1038.
(b) The freedoms of speech, press, and assembly, expressly
guaranteed by the First Amendment, share a common core purposeof assuring freedom of communication on matters relating to the
functioning of government. In guaranteeing freedoms such as thoseof speech and press, the First Amendment can be read as protecting
the right of everyone to attend trials so as give meaning to thoseexplicit guarantees; the First Amendment right to receive
information and ideas means, in the context of trials, that theguarantees of speech and press, standing alone, prohibit
government from summarily closing courtroom doors which hadlong been open to the public at the time the First Amendment was
adopted. Moreover, the right of assembly is also relevant, havingbeen regarded not only as an independent right but also as a
catalyst to augment the free exercise of the other First Amendmentrights with which it was deliberately linked by the draftsmen. A
trial courtroom is a public place where the people generally andrepresentatives of the media have a right to be present, and where
their presence historically has been thought to enhance theintegrity and quality of what takes place.
(c) Even though the Constitution contains no provision which by
its terms guarantees to the public the right to attend criminal trials,various fundamental rights, not expressly guaranteed, have beenrecognized as indispensable to the enjoyment of enumerated rights.
The right to attend criminal trial is implicit in the guarantees of theFirst Amendment: without the freedom to attend such trials, which
people have exercised for centuries, important aspects of freedomof speech and of the press could be eviscerated.
Be that as it may, we recognize that pervasive and
prejudicial publicity under certain circumstances can deprive anaccused of his due process right to fair trial. Thus, inMartelino, et
al. vs. Alejandro, etal., we held that to warrant a finding ofprejudicial publicity there must beallegation and proofthat the
judges have been unduly influenced, not simply that they might be,by the barrage of publicity. In the case at bar, we find nothing in
the records that will prove that the tone and content of the publicitythat attended the investigation of petitioners fatally infected the
fairness and impartiality of the DOJ Panel. Petitioners cannot justrely on the subliminal effects of publicity on the sense of fairness
of the DOJ Panel, for these are basically unbeknown and beyond
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knowing. To be sure, the DOJPanel is composed of an AssistantChief State Prosecutor and Senior State Prosecutors. Their long
experience in criminal investigation is a factor to consider indetermining whether they can easily be blinded by the klieg lights
of publicity. Indeed, their 26-page Resolution carries no
indubitable indicia of bias for it does not appear that theyconsidered any extra-record evidence except evidence properlyadduced by the parties. The length of time the investigation was
conducted despite its summary nature and the generosity withwhich they accommodated the discovery motions of petitioners
speak well of their fairness. At no instance, we note, did petitionersseek the disqualification of any member of the DOJ Panel on the
ground of bias resulting from their bombardment of prejudicialpublicity. (emphasis supplied)
Applying the above ruling, we hold that there is not
enough evidence to warrant this Court to enjoin thepreliminary investigation of the petitioner by the respondentOmbudsman. Petitioner needs to offer more than hostileheadlines to discharge his burden of proof. He needs to show more
weighty social science evidence to successfully prove the impairedcapacity of a judge to render a bias-free decision. Well to note, the
cases against the petitioner are still undergoing preliminaryinvestigation by a special panel of prosecutors in the office of the
respondent Ombudsman. No allegation whatsoever has been madeby the petitioner that the minds of the members of this special
panel have already been infected by bias because of the pervasiveprejudicial publicity against him. Indeed, the special panel has yet
to come out with its findings and the Court cannot second guesswhether its recommendation will be unfavorable to the petitioner.
The records show that petitioner has instead charged respondent
Ombudsman himself with bias. To quote petitioners submission,the respondent Ombudsman has been influenced by the barrage of
slanted news reports, and he has buckled to the threats andpressures directed at him by the mobs.
News reports have also
been quoted to establish that the respondent Ombudsman hasalready prejudged the cases of the petitioner and it is postulatedthat the prosecutors investigating the petitioner will be influenced
by this bias of their superior.
Again, we hold that the evidence proffered by the petitioner isinsubstantial. The accuracy of the news reports referred to by the
petitioner cannot be the subject of judicial notice by this Courtespecially in light of the denials of the respondent Ombudsman as
to his alleged prejudice and the presumption of good faith andregularity in the performance of official duty to which he is
entitled. Nor can we adopt the theory of derivative prejudice ofpetitioner, i.e., that the prejudice of respondent Ombudsman flows
to his subordinates. In truth, our Revised Rules of CriminalProcedure, give investigating prosecutors the independence to
make their own findings and recommendations albeit they arereviewable by their superiors. They can be reversed but they
cannot be compelled to change their recommendations nor canthey be compelled to prosecute cases which they believe deserve
dismissal. In other words, investigating prosecutors should not be
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treated like unthinking slot machines. Moreover, if the respondentOmbudsman resolves to file the cases against the petitioner and the
latter believes that the finding of probable cause against him is theresult of bias, he still has the remedy of assailing it before the
proper court.37
37.0 Petitioners reiterate that while the Court is not a trier of facts, it nonetheless remains
a court of facts. It cannot make its rulings based on conjecture and assumption; a decision must
have something to support itself, which pertinently in this case would consist of weighty social
science evidence. The assailed resolution perpetuates the erroneous and illogical belief that
actual evidence is not necessary to uphold the view that television cameras per se prejudice an
accuseds right to a fair trial.
38.0 To drive home the point further, it isnt as if a host of evidence materialized out of
nowhere in the 16 months between the June 2011 resolution and the October 2012 resolution that
can satisfactorily explain the Courts sudden turnabout.
39.0 Incidentally, insofar as the assailed resolution asserts that the right to a public trial
belongs to the accused, such is not an entirely accurate description of the right. As
acknowledged in the petition, just as an accused has a right to demand that his trial be held
publicly, so too are the peoplein this case the People of the Philippinesentitled to demand
that they be allowed to attend a trial. Again, the assailed resolution failed to address this, just as
it overlookedRichmond Newspapers Inc. v. Virginia cited in the petition, to the effect that
People in an open society do not demand infallibility fromtheir institutions, but it is difficult for them to accept what they are
prohibited from observing. When a criminal trial is conducted inthe open, there is at least an opportunity both for understanding the
system in general and its workings in a particular case.
The educative effect of public attendance is a material
advantage. Not only is respect for the law increased and intelligentacquaintance acquired with the methods of government, but a
strong confidence in judicial remedies is secured which couldnever be inspired by a system of secrecy.
38
37353 SCRA 452, 524-530 (2001).
38448 U.S. 555, 572 (1980).
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40.0 The same case holds that, in modern society, media have evolved beyond being
portals of news and information and have become surrogates that enable people to make life-
changing decisions based on accessible data.
In earlier times, both in England and America, attendanceat court was a common mode of "passing the time."x x x x With
the press, cinema, and electronic media now supplying therepresentations or reality of the real life drama once available only
in the courtroom, attendance at court is no longer a widespreadpastime. Yet [i]t is not unrealistic, even in this day, to believe that
public inclusion affords citizens a form of legal education, andhopefully promotes confidence in the fair administration of
justice. x x x Instead of acquiring information about trials byfirsthand observation or by word of mouth from those who
attended, people now acquire it chiefly through the print andelectronic media. In a sense, this validates the media claim of
functioning as surrogates for the public. While mediarepresentatives enjoy the same right of access as the public, they
often are provided special seating and priority of entry so that theymay report what people in attendance have seen and heard. This
contribute[s] to public understanding of the rule of law and tocomprehension of the functioning of the entire criminal justice
system. . . .39
REGULATION IS TO BE PREFERRED OVER OUTRIGHT
PROHIBITION; NEITHER SHOULD PROHIBITION IN THE GUISE OF
REGULATION BE PREFERRED.
The devil is compromise.
- Henrik Ibsen
41.0 Evidently, by ordering that CCTV cameras in lieu of public TV transmit images and
audio to selected venues instead of general broadcast, the Court is attempting to forge a
compromise between allowing the public to watch the proceedings and closing the proceedings
to the wider public. Yet this compromise is unsatisfactory because it delimits the viewing
possibilities to those who have the time and opportunity to go to the designated courts where
CCTVs have been placed. The general public, in effect, is disenfranchised.
42.0 The Court rationalizes its ruling in this wise:
39Id., at 572-573.
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To address the physical impossibility of accommodatingthe large number of interested parties inside the courtroom in
CampBagong Diwa, it is not necessary to allow the press tobroadcast the proceedings here and abroad, but the Court may
allow the opening of closed-circuit viewing areas outside the
courtroom where those who may be so minded can come andwatch the proceedings. This out-of-court, real-time viewing grantsto a larger audience the opportunity to monitor the proceedings as
if they were inside the trial court but at the same time obviates themassive publicity entailed in media broadcasting. This is similar
to the procedure adopted by this Court in allowing members of thepublic to watch its oral arguments at a viewing area outside of the
Session Hall where a large monitor projects the image and soundsfrom inside the Session Hall in real time.
Aside from providing a viewing area outside the courtroom
in CampBagong Diwa, closed-circuit viewing areas can also beopened in selected trial courts in Maguindanao, Koronadal, South
Cotabato, and General Santos City where most of the relatives ofthe accused and the victims reside, enabling them to watch the trial
without having to come to CampBagong Diwa. These viewingareas will, at all times, be under the control of the trial court judges
involved, subject to this Courts supervision.
It would seem that the Court took inspiration from the Antiterrorism and Effective Death Penalty
Act of 1996 cited in the petition. The problem, however, is that this solution benefits the victims
and their families yet extends practically nothing to the rest of the populace who, by the terms of
the resolution, must travel all the way to the designated areas to watch the proceedings. Thus, if
a resident of Samar wishes to apprise himself of the developments in the case, it will not be a
simple matter of tuning in; instead, he will have to travel to either Mindanao or Manila to be
updated in real-time. A citizen-journalist-blogger will also face the same difficulties, as will,
say, crime watchdog organizations that monitor cases such as these. In other words, the
compromise is no compromise at all because it severely delimits the audience who can watch the
proceedings.
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The imposition of
unreasonable conditions
43.0 In its 14 June 2011 resolution permitting the live televised coverage of the
Ampatuan trial, the Court saw fit to impose conditions which many in the media saw as unduly
harsh and completely unworkable. Among the more objectionable stipulations were (1)
paragraph B disallowing selective or partial coverage; (2) paragraph E which requires that
broadcasting for a particular day be continuous and in its entirety; (3) paragraph F which forbids
commercial breaks or gaps of any kind; and (4) paragraph G which bans voice-overs and
extended commentary.
44.0 Initially, when apprised of these conditions, petitioners were agog at their severity
since they completely brushed aside the realities of broadcast news. Par. E, for one, presented
huge logistical problems. Suppose that in the course of the live broadcast of the trial, a meteor
crashed into the front portico of the Court; by the terms of the proviso, the broadcaster is not
allowed to switch to breaking news. Par. F, in turn, had important financial consequences:
commercial advertisements are the lifeblood of television; by prohibiting commercials, the
proviso effectively cut off the means by which news programs sustain themselves financially.
45.0 However, counsel for petitioners reasoned that the Court could not possibly be
malicious but instead was forging a new path, necessarily new and untested. Paragraph K, in
particular, gave cause for hope since it apparently gave petitioners room to maneuver. At the
very least, paragraph K enabled the stakeholders to engage in a continuous dialogue with an
agent of the Court to address issues that may arise in such a novel undertaking. With its October
2012 resolution, however, all those provisos have been scotched.
46.0 Nevertheless, some words need to be said about the imposition of unreasonable
conditions.
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Averting a confiscatory
policy
47.0 In filing the instant motion, petitioners wish to avert a scenario wherein the Court
reconsiders but in the process re-imposes the conditionsand then someenumerated in the
resolution of 14 June 2011. This would represent no advancement at all. In such a case, the
imposition of unworkable conditions gives credence to petitioners Editha Mirandilla-Tiamzon
and Glenna Logartas assertion that continuous broadcast without commercial breaks constitute
undue taking of private property,40
yet another issue that the Court chose not to address (and
essentially a moot point in view of the Courts 23 October 2012 resolution).
48.0 The solution to the impasse can be found in paragraph K in the resolution of 14 June
2011, to wit:
(k) The Court shall create a special committee which shall forthwith study, designand recommend appropriate arrangements, implementing regulations, and
administrative matters referred to it by the Court concerning the live broadcast ofthe proceedings pro hac vice, in accordance with the above-outlined guidelines.
The Special Committee shall also report and recommend on the feasibility,availability and affordability of the latest technology that would meet the herein
requirements. It may conduct consultations with resource persons and experts inthe field of information and communication technology.
49.0 A possible source of friction may lie in the fact that the Court sees the media as an
adversary when in fact, the opposite can be true. The Court, in its Action Program for Judicial
Reform, recognized that,
5.10 The judicial guarantees of and support for free speech, fair
comment and public criticism encourage active mass media, whichin turn can be influential in strengthening economic security,
political liberties, legal and human rights, among other freedoms.
5.11 At the same time, because judicial reforms, currentinnovations, and latest judicial doctrines and decisions can be
communicated through the mass media, the media can help ensureadequate, objective and balanced coverage of the Judiciary and
therefore help create an informed public. They also serve as acheck-and-balance and feedback mechanism for the general public,
and help mobilize community action in support of policies and
programs of the Judiciary.41
40Partial Motion for Reconsideration dated 29 June 2011, 11-12.
41APJR 2001-2006 (with Supplement), at 94.
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50.0 Accordingly, the Court can take its own advice and convene the special committee
mentioned in paragraph (k) that will study, design and recommend appropriate actions in relation
to the issue of television cameras inside the courtroom. In other words, there is no prohibition
against consultation among the stakeholders in the issue leading to the formulation of acceptable
guidelines on the matter.
51.0 To recapitulate, absolute prohibitionor a disguised version thereofcannot be
justified in the area of constitutional rights when reasonable regulation is a viable and preferred
option.
PRAYER
WHEREFORE, it is respectfully prayed that:
a. grant instant motion for reconsideration and set aside the Courts resolution dated 23October 2012;
b. convene the special committee per paragraph (k) of the Courts resolution dated 14 June2011 to formulate the appropriate guidelines for live coverage of the subject trial;
c. the allowance of live televised coverage be not made on a pro hac vice basis and insteadbe a definitive pronouncement applicable to similar cases that may arise in the future.
Other reliefs just and equitable under the premises are likewise prayed for.
Makati city for Manila city; 05 December 2012.
PUBLIC INTEREST LAW CENTERCounsel for Petitioners
4/F Kaija Bldg. 7836 Makati Ave.
corner Valdez St., Makati CityTel. No. (632) 8993439; Telfax: (632) 8993416
Email Address: [email protected]
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Copy Furnished:
ATTYS. PHILIP SIGFRID FORTUN & ALBERT LEE G. ANGELESFortun Narvasa & Salazar Law Offices
23rd
Flr. Multinational Bancorporation Centre
6805 Ayala Avenue, 1229 Makati City
HIS EXCELLENCY PRESIDENT BENIGNO S. AQUINO IIIMalacanang Palace
San Miguel, Manila
SOLICITOR GENERAL FRANCIS JARDELEZA134 Amorsolo St., Legaspi Village
1229 Makati City
HON. JOCELYN A. SOLIS-REYESPresiding Judge
Regional Trial Court, Branch 221
Quezon City