In Re: Request for Live Radio and TV Coverage of the Trial in the Sandiganbayan of the

Plunder Cases against Former President Joseph Estrada

A.M. No. 00-1-4-03-SC, September 13, 2001
Facts:
The Kapisanan ng mga Brodkaster ng Pilipinas (KBP) sent a letter requesting the Court to allow
live media coverage of the anticipated trial of the plunder and other criminal cases filed against
former President Joseph E. Estrada before the Sandiganbayan in order "to assure the public of
full transparency in the proceedings of an unprecedented case in our history." The request was
seconded by Mr. Cesar N. Sarino and, still later, by Senator Renato Cayetano and Attorney
Ricardo Romulo.
Issue:
Whether or Not live media coverage of the trial of the plunder and other criminal cases filed
against former President Joseph E. Estrada should be permitted by the court.
Held:
No. petition is denied. Live coverage of the trial is not permitted by the court.
Due process guarantees the accused a presumption of innocence until the contrary is proved in
a trial that is not lifted about its individual settings nor made an object of publics attention and
where the conclusions reached are induced not by any outside force or influence but only be
evidence and argument given in open court, where fitting dignity and calm ambiance is
demanded.
An accused has a right to a public trial but it is a right that belongs to him, more than anyone
else, where his life or liberty can be held critically in balance. A public trial aims to ensure that he
is fairly dealt with and would not be unjustly condemned and that his rights are not compromised
in secret conclaves of long ago. A public trial is not synonymous with publicized trial, it only
implies that the court doors must be open to those who wish to come, sit in the available seats,
conduct themselves with decorum and observe the trial process.
The courts recognize the constitutionally embodied freedom of the press and the right to public
information. It also approves of media's exalted power to provide the most accurate and
comprehensive means of conveying the proceedings to the public. Nevertheless, within the
courthouse, the overriding consideration is still the paramount right of the accused to due
process which must never be allowed to suffer diminution in its constitutional proportions. The
right of the accused must be preferred to win.