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Gonzales V Kalaw Katigbak
Gonzales V Kalaw Katigbak
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G.R. No. L-69500| July 22, 1985
Fernando, C.J.
Doctrines:
1. Censorship partakes the nature of a prior restraint and may only be applied upon showing
of clear and present danger. The test to be applied is whether the average person, applying
the contemporary community standard finds the material, taken as a whole appeals to
prurient interest.
2. A less liberal approach is observed when it comes to television shows because unlike a
motion picture, a television show reaches every home where there is a set- it is more
accessible to the public and to the children in general.
FACTS
The present case is a petition for Certiorari assailing the classification made by the Board
of Review for Motion Pictures and Television.
The motion picture in question “Kapit sa Patalim” was classified for “Adults Only” by the
respondent Board with initial cuts and deletions. The Board then claimed that if they want to
change the classification of the said movie, the petitioners need to delete and change some scenes.
Aggrieved, the petitioner, who is the publisher of the said movie, assailed such decision. However,
the respondent claimed that issue has now become moot because they a permit to exhibit without
cuts and deletions was already issued. Still not satisfied with this, the petitioner filed an amended
petition now questioning the classification as “For Adults Only.” Petitioner now contends that such
classification is an impermissible restraint on the artistic freedom and expression protected by the
right to free speech and of the press.
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2. W/N the Board has committed grave abuse of discretion
It was also held by the Court that the Board has committed abuse of discretion
because of the difficult undergone by the petitioners before the movie was classified
as “For Adults Only” without any cuts and deletions. Moreover, the Board’s
perception of what is obscene is too restrictive for the Court. Albeit this, there was
no enough votes to consider the abuse as grave. The adult classification would
therefore serve as a warning that some contents of the movie are not fit for the
young.
WHEREFORE, this Court, in the light of the principles of law enunciated in the opinion,
DISMISSES this petition for certiorari solely on the ground that there are not enough votes for a
ruling that there was a grave abuse of discretion in the classification of Kapit sa Patalim as "For-
Adults-Only."
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