FREEDOM OF EXPRESSION

Section 4, Article III – “No law shall be passed abridging the freedom of speech, of expression
or of the press, or the right of the people to peaceably assemble and petition the government
for redress of grievances.”

Section 7, Article III – “The right of the people to information on matters of public concern shall
be recognized. Access to official records, and to documents and papers pertaining to official
acts, transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizens subject to such limitations as may be provided by
law.”

Section 8, Article III – “The right of the people, including those employed in the public and
private sectors, to form unions, associations or societies for purposes not contrary to law shall
not be abridged.”

Section 18(1), Article III – “No person shall be detained solely by reason of his political beliefs
and aspirations.”

1. What are the five different rights included in Section 4, Article III of the 1987 Constitution?

2. Can a private individual criticize the President or any public official for his performance in
leading our country through this pandemic? If so, are there any limitations? How about the
private lives of our government officials, are they also open to criticisms. Explain your answer.

2.1. Last month’s hot topic was the NBI Investigation opened against Atty. Chel
Diokno for criticizing the President. In his criticism, he allegedly questioned the wisdom
of the President’s decision to acquire an airplane worth Php2 Billion instead of using the
money to augment the rapidly depleting government fund to fight the pandemic. The
NBI in its subpoena stated that Atty. Diokno violated Article 154 of the Revised Penal
Code in relation to the Cyber Crime law. Can Atty. Diokno validly interpose as his
defense his Freedom of Expression?

2.2. The Bayanihan to Heal as One Act became effective on March 26, 2020. Section 6
(f) of the said law criminally penalizes the spreading of false news with respect to the
pandemic. Is this not a curtailment of the Freedom of Expression, especially since the
Constitutional Provision explicitly states that “NO LAW SHALL BE PASSED…”. Explain
your answer.

2.3. Can a private individual criticize and malign to the point of slander another
private individual freely and hide under the mantle of the Constitutional right to free
expression? Fully explain your answer.

3. Briefly explain the importance of the freedom of expression.

3.1. Briefly, explain each theory/school of thought that strengthen the need to
protect the basic right to freedom of expression, as enunciated by the Court in Diocese of
Bacolod v. COMELEC (G.R. No. 205728, January 21, 2015). (Do not just enumerate the schools
of thought/theories)

4. Yesterday’s hot topic was the teacher (Mr. Mas) who posted that he would pay Php50M to
anyone who will kill Duterte. His post, to wit, is as follows: “I will give ₱50 Million reward kung
sino makakapatay kay Duterte”. The NBI claims that his statement on twitter is seditious. Had
he not apologized, can he validly invoke his freedom of expression?

4.1. As the teacher’s lawyer, how will you lodge his defense?

4.2. What is the scope of the Freedom of Expression? Briefly explain and give
examples.

4.3. What are the different modes of expression which are included in the freedom
of expression?

4.4. BONUS: Mr. Mas posted the his statement on twitter on May 5, 2020, but was
only arrested by NBI agents on May 11, 2020. Was the warrantless arrest of the teacher
a valid?

4.4.1. Is the justification by the State Prosecutor (that the defect during the
warrantless arrest was cured by the extrajudicial admission Mr. Mas to the
media) correct?

5. The two elements/aspect of the Freedom of Expression are: a) freedom from previous
restraint or censorship; and b) freedom from subsequent punishment. Fully explain each.

6. Fully discuss the following: a) content-based restraint; and b) content-neutral restraint.

6.1. What are the similarities and differences between the two. You may utilize a table
in the crafting of your answer.

6.2. Explain/define the following

a. “facial challenge”
b. “overbreadth doctrine”
c. “void-for-vagueness doctrine”

7. In the case of Soriano v. Laguardia, the Court sustained the suspension order of the MTRCB
on the show of Mr. Soriano, and stated that it was a “permissible restriction” on the freedom of
expression. The Court further stated that Mr. Soriano’s “utterances during his prime time
television program constituted unprotected speech or low-value expression etc…”.

Our president is known for his long drawn out speech with multiple expletives and R18
anecdotes of his life. Hypothetically, can the Soriano doctrine be used against the President?

8. Explain each test and give an example:

a) The Clear and Present Danger Rule

b) The Dangerous Tendency Doctrine
c) The Balancing of Interest Test

9. What is the extent of the criticism of official conduct? Can this criticism extend to the private
lives of the said officials?

9.1. Another hot topic during the pandemic revolved around Senator Koko Pimentel.
Allegedly, while fully knowing that he was already Covid-19, Senator Koko Pimentel brought his
wife to a certain hospital in Makati and demanded that his wife be admitted as she was about
to give birth. There are allegations that Sen. Pimentel walked around the hospital, effectively
contaminating the areas where he was present. This was heavily criticized by the netizens.
Now, it appears that Sen. Pimentel has recovered from the virus. Can he file a case for cyber-
libel against his critics?

9.2. A documentary of the pandemic is being filmed and the story of Sen. Koko
Pimentel is featured in it. In the 20 part documentary, a whole 1 hour episode is
dedicated to Sen. Pimentel, however, the director and producer does not how to fill out
the entire one hour with the Covid 19 hospital ordeal of the good senator. They decided
to include in the documentary the story of his first marriage, and the rumored cause of
its dissolution, as well as the circumstances of surrounding his second marriage.

May the Senator object to his inclusion in the Covid 19 Documentary? Absolute yes/no
or qualified yes/no? Explain.

9.3. If you topped the Bar Exam, does this accomplishment remove you from the
private sphere, and into sphere of public issue open to the criticism and scrutiny of the
general public?

9.4. Fully explain the rule of sub judice and reason behind it. Cite concrete examples.

9.4.1. What is the penalty for violating the rule on sub judice? Is this penalty also
applicable to persons who heavily criticizes the courts?

10. Our authors has placed a special emphasis on movies, however, the reality now-a-days,
especially with the pandemic, is that we consume media (videos, pictures, music) over the
internet. Netflix, Hulu, Amazon Prime are the prime examples. The regulation of these
“channels” are easy since the content are already pre-rated, but the same may not be said for
other forms and sources of media such as youtube, Instagram, twitter, google etc. which at a
click of a finger gives unrestricted access to the obscenity.

10.1. Fully explain the test for obscenity as stated in Miller v. California.

10.2. Are you for or against the regulation of youtube, twitter, Instagram, facebook, tik
tok and other forms of user content provided platforms? Revolve your answer around
the Freedom of Expression.

11. Discuss the right to assembly and petition. Include in your discussion the requirements AND
tests of a lawful assembly.

11.1. For the past 2 months, the Philippines has been placed under an enhanced
community quarantine. Present arguments on why the enhanced community
quarantine is a curtailment of the right to assembly.

11.2. Rebut your arguments in 11.1.

12. Fully discuss the right of association. Is this right unlimited? If not, what are the limitations?

12.1. Can government officials and employees form an association? May they validly
call a strike to enforce their economic demands? If not, what are the available remedies
for government officials and employees to enforce their economic demands? Explain
your answer.
 12.2. The right of association also includes the right not to join an association.
Assuming you all become lawyers, as a first year lawyer, you may still not be
economically stable. But as a condition to your practice of law, you must be a member
in good standing of the Integrated Bar of the Philippines. You then proceed to the IBP
office to pay your IBP dues, and then you get the shock of you life. The IBP charges you
exorbitant amounts as your IBP annual dues. May you validly invoke your right not to
join an association in order to resist joining the Integrated Bar of the Philippines?
Discuss.

12.3. What is a closed-shop? Why is this not considered a restriction of the right of
association?

13. Briefly discuss the right of access to public information.

13.1. What is included in the term public information? Are SALNs of the public official
included?

13.2. The Data Privacy Act of 2012 seeks to protect personal and sensitive personal
information of individuals, which also covers information collected by the government.
How will this new law affect the roster of cases supporting the right of the public to
access to information?

Read and prepare handwritten case digests of the following:

In Re: Edillon 84 SCRA 554

GMA Network vs COMELEC G.R. 205357 September 2, 2014
Legazpi v Civil Service Commission 150 SCRA 530