NOTABLE CASES THAT REACHED THE SUPREME COURT

One of the most notable cases involving the MTRCB that reached the
Supreme Court is the case of Iglesia Ni Cristo vs. Court of Appeals. After
submitting several episodes to the MTRCB, the board disallowed the
broadcast of several episodes 115, 119, 121, and 128 on the ground that
they offend and constitute an attack against other religions which is
expressly prohibited by law. INC appealed the Boards ruling on Episode 128
to the Office Of The President which then reversed the Boards ruling and
allowed the said episode to air. INC, invoking its right to religious freedom,
filed a civil case before the Regional Trial Court (RTC) against the Board,
alleging that the Board acted without jurisdiction or with grave abuse of
discretion when it required INC to submit the episodes prior to telecast, and
disallowing the broadcast of Episode 128. The MTRCB argued that it acted
well within its power, as given by Presidential Decree No. 1986. However, the
trial court ruled in favor of the INC, which lead the dissatisfied Board to file an
appeal to the Court of Appeals. The
appellate court then reversed the ruling of the RTC, stating that the Board acted

well within its powers when it required the INC to submit the episodes, and

disallowed the broadcast on Episode 128. and The Court held that the MTRCB

has the power to review the program of INC as the law clearly states that the Board

has the power to screen, review and examine all television programs. The Court

stated that the MTRCB cannot rely on the ground attack against another religion in

giving the X rating. The ground attack against other religion was merely added by

the Board in its rules since it wasnt in the grounds to justify an order prohibiting an

airing of the program; lastly, that the MTRCB failed to apply the clear and present

danger rule the Court cited the ruling in Victoriano vs. Elizalde Rope Workers union

expressing that

It is only where it is unavoidably necessary to prevent an immediate and

grave danger to the security and welfare of the community that

infringement of religious freedom may be justified, and only to the

smallest extent necessary to avoid the danger.

It was expressed that it is inappropriate to use the clear and danger test for it is

the content of the speech and not the time, place, and manner of the speech

which is the issue here.

The second case that reached the Supreme Court is MTRCB vs. ABS-

CBN, ABS-CBN aired Prosti-tuition. It is one of the episodes of the program,

The Inside Story, which depicted female students moonlighting as prostitutes for

them to pay for their tuition fees. The Philippine Womens University (PWU) was

named by some of the students involved and the faade of their campus was

conspicuously served as the background.

The episode caused uproar in the PWU community that lead to the
filing of complaint to the MTRCB claiming that the episode besmirched the
name of PWU and resulted in the harassment of some its female students.
The petitioner, MTRCB, initiated a formal complaint against ABS-CBN alleging
that they did not submit a copy of the episode of The Inside Story
and because of the non-submission of a copy for review, they are violating

Section 7 of Presidential Decree No. 1986 and Section 3, Chapter III and

Section 7, Chapter IV of the MTRCBs Rules and Regulations.

ABS-CBN argued that The Inside Story is a public affairs program,

news documentary and socio-political editorial, the airing of which is protected

by the constitutional provision on freedom of expression and of the press. and

that the MTRCB had no power to impose any form of prior restraint to the

respondents. MTRCB ruled against ABS-CBN and fined them and ordered that

all tapes should be submitted to them before airing the episode. ABS-CBN then

appealed to the Regional Trial Court of Quezon City; the RTC ruled in favor of

ABS-CBN and annulled the decision and resolution of the MTRCB, declared

that the implementing rules does not cover The Inside Story and other similar

programs, and making permanent the injunction against MTRCB.

MTRCB filed a motion for reconsideration but was denied hence the filing of
petition for review on certiorari attacking the decision of the RTC. The Court
resurrected the ruling in Iglesia Ni Cristo vs. Court of Appeals, reiterating that
it is clear that the Board has the power to screen, review and examine all
television programs. Since The Inside Story is a television program, it is within
the jurisdiction of the MTRCB to review it. The Court then differentiated the
freedom of the press and freedom of religion saying that the latter has
accorded preferred status in the Constitution but the Courts did not exempt
them from the review powers of the MTRCB. Newsreels as defined in the
Implementing Rules of Presidential Decree 1986 as straight news reporting,
as distinguished from news analyses, commentaries and opinions. Talk shows
on a given issue are not considered newsreels. With the meaning of
newsreels clarified, The Inside Story was clearly not a newsreel but more of a
public affairs program,