CHAPTER 1: CONSTITUTIONAL ISSUES

Constitution
- A supreme law of the land where all other laws
must conform
- It is a municipal law that is only bound to its
land
- covers the following topics
Power of the State
Right of Individuals
Defines what the state is:
Territory
People bound by
Sovereignty
Government
- it finds a balance between Power of the State
and Right of Individuals
Inherent Power of the State
1. Police Power power to regulate with no
compensation for general welfare, health
or safety
2. Eminent Domain power to take away
private property for public use upon
payment of just compensation
3. Taxation it is the life blood of the
government
* Just Compensation can be based on:
Assessed value
Zonal Value
Fair Market Value (FMV)
ARTICLE XVI: General Provisions
The ownership and management of mass media
shall be limited to citizens of the Philippines, or to
corporations, cooperatives, or associations,
wholly-owned and managed by such citizens.
(page 1)
MAIN IDEA: The Legal Environment of Mass Media
Mass Media and Advertising is Different
a. Mass Media is limited to TVC,
PRINT, and RADIO
Plays a critical role in nationbuilding
Ownership and management is
100% Filipino
It is a gate keeper of what is
communicated to the masses.
Not all information should pass
through those gates.
The allegiance and loyalty to country is the
primary reason for Filipinization Policies.
Mass media plays a critical role in nation
building since it is a source of news,
information, ideas, and ideals.

Filipinization of ideas projected through mass

media is ensured when left in the hands of
Filipino.

SEC 11 The congress shall regulate or prohibit

monopolies in commercial mass media when
public interest so requires. No Combination in
restrain of trade or unfair competition therein
shall be allowed. (page 2)
No single company has controlling interest
in two traditional forms of tri-media
comprising of TVC, PRINT, and RADIO.
Ex. ABS-CBN owns television and
radio but has no direct interest in
print
such
as
a
newspaper
company
There is a conscious effort to maintain
competition
The sense of balance in the market
place can only be achieved under a
regime
of
healthy
and
fair
competition.
SEC 11 The advertising industry is impressed
with public interest, and shall be regulated by the
law for the protection of consumers and the
promotion of general welfare.
Advertising is a property in the form of
speech that uses mass media to
communicate a product / advocacy / idea
for the intent to sell and persuade a target
audience
Advertising is a form of speech
this
it
is
PROTECTED
(Commercial Speech)
Advertising has the intent to
sell rather than to express thus
it is regulated. (Police Power)

Advertising may be regulated through POLICE

POWER or EMINENT DOMAIN.

SEC 11 Only Filipino citizen or corporations or

associations at least seventy per centum (70%)
of capital of which is owned by such citizen shall
be allowed to engage in advertising industry.
(page 2)
Advertising is less restrictive in terms
of ownership.
Ownership: 70/30 profit sharing
70% - Filipino
30% - Foreigners
To protect their interest, foreigners are
allowed ownership over companies created to
sell their product (limited ownership)

 Created opportunities to transfer

technology from foreign shores to this
country
where
innovation
on
advertising are introduced.
SEC 11 The participation of foreign investors in
the governing body of entities in such industry
shall be limited to their proportionate share in
capital thereof, and shall all the executive and
managing officers of such entities must be
citizens of the Philippines. (page 2)
With
respect
to
management,
foreigners are prohibited from taking
an executive or managing officer
position
a. Mass Media Management = 100%
Filipino
b. Advertising Management = 100%
Filipino

Executive and managing positions are placed

entirely in the hands of Filipinos to assure that
content and appeal of the advertisement is
strictly Filipino.
Standards have to be measured according to
the national or Filipino psyche.

ARTICLE III Bill of Rights (Sec. 1 and 9)

Sec 1 No person shall be deprived of life, liberty,
or property without due process nor shall any
person be denied equal protection of the law.
(page 6)
Talks about POLICE POWER
The State can exercise police
power (to regulated, with no just
compensation) BUT due process
must be given
CASE: Churchill and Trait vs. Rafferty (BIR)
STORY: Churchill placed a billboard that covers
the view of nature and compels attention because
of its location. Churchill's billboard is placed in his
private party. The government characterized it as
offensive to the sight
ISSUE: Whether the billboard may be removed
without just compensation to the owners
RULING: The billboard was removed without just
compensation through police power although it is
a private property the government's main
concern is the general welfare of the people and
the billboard was a distraction and obstructive.
Equal Protection
General Rule: Equal to everyone
Exemptions:
a. More protection over the less
fortunate
b. Retail Trade is only for Filipinos
c. Law only applies to one (1) class

Ex. Only Filipinos can own land

60% must be Filipino
Sec 9 Private property shall not be taken for
public use without just compensation (page 6)
Talks about EMINENT DOMAIN
The state has the power to
exercise eminent domain (take
away with compensation)
Right to take away/ expropriate
is only valid if:
i. For public use
ii. There is just compensation
CASE: People vs. Fajardo
STORY: Fajardo old house was destroyed due to a
typhoon. He owns this parcel of land and on the
process of requesting a permit he was denied
because the building will destroy the view of the
public plaza. He still preceded with the building of
his house in his parcel of land. The governments
wants the house destroyed because of the
ordinance.
ISSUE: Whether the ordinance is valid.
RULING: The ordinance is deemed invalid due to
the reason that Fajardo's land is useless because
of the ordinance passed. He cannot use his
private property therefor the government is
exercising the power of eminent domain and
should be given just compensation.
ARTICLE III Freedom of Speech (Sec. 4)
Sec 4 No law shall be passed abridging the
freedom of speech, of expression, or of the press,
or the right of the people to peacefully assemble
and petition the government for redress of
grievances. (page 10)
Speech is an encompassing term that
includes every possible form of
expression (Verbal and Non Verbal)
- Freedom of speech cannot be
unfretted. Though it is subject to
regulations (usually through police
power)
- The moment you express through
actions, you are responsible.

Two Types of Speech

1. Protected
a. Core Speech
Non Commercial
General Rule: it cannot be
interfered with
Underlying motive is to
EXPRESS
b. Commercial Speech
General Rule: it can be
regulated

 Underlying motive is for

PROFIT
2. Unprotected
a. Libel
- it must be
Public
Malicious
Imputation of (can be
real or imaginary)
i.
Crime
ii.
Vice
iii.
Defect
Any act of
i.
Omission
ii.
Condition
iii.
Status
iv.
Circumstances
Causes the following
i.
Dishonor
ii.
Discredit
iii.
Contempt
Blacken the memory of
one who is dead
THE PERSON SHOULD
BE IDENTIFIABLE
Anything
public
(even
messages)

online is
private

Only the person who

has been caused damaged
to can sue.
b. Obscenity
It looks at an average
person
and
apply
contemporary
standards in order to
judge if the object in
question is obscene
Work taken as a while
lacks serious literary
artistic, political, or
scientific value.
National Press Club vs. Comelec
- It is not allowed to give free of charge
print space or air time for candidates. All
candidates should depend on comelec for
air time. If candidate is a contributor,
columnist, commentator or announcer on
board he/she should take a leave of
absence during candidacy period.
Telecommunications
&
Broadcast
Attorneys of the Phils Inc. vs. Comelec
Laws Concerned:

1. Comelec time for radio and TV shall be

given to the government without just
compensation so that they may
allocate equally and impartially among
the candidates within the area of
coverage.
2. Comelec space for print
(newspaper/magazines) shall be given
to the government with just
compensation. Said space is allocated
free of charge equally and impartially
to the candidates.
*Radio and TV broadcasting companies,
which are given franchises, do not own
the airwaves and frequencies.
They only transmit broadcast and images
and therefore, it is a public party; police
power can be exercised, unlike Print,
which is a private property and power of
eminent domain should be exercised.
Political Advertisement - may take the
form of spots, guestings, in TV shows and
radio
programs,
love
or
taped
announcements, teasers, and other forms
of
advertising
messages
or
announcements used by commercial
advertisers.
"Election period commences 90 days
before the day of election date and 30
days thereafter. Campaign period is
variable but within the 90 days before the
election date"
"Candidates
are
only
considered
candidates during the start of campaign
period"

CASE: Adiong vs. Comelec

STORY: Adiong challenge the comelec resolution
that it is not allowed to use campaign decals and
stickers on mobile units
ISSUE: Where the prohibition as applying to
private motor vehicles is a valid regulation
RULING: Adiong was granted to the right to
distribute campaign decals and stickers. For her
mobile units is a private property and prohibiting
it is a depriving them with free speech. People
who agree to put the stickers in their mobile units
is merely is an expression or a statement.

CASE: Mutuc vs. Comelec

STORY: Comelec issued a ruling that the use of a
taped jingle on mobile units equipped with sound
systems and loud speakers for campaign
purposes is not allowed
ISSUE: Whether the prohibition amen e use of a
taped jingle is valid?
RULING: Mutuc was granted the right to express
his views as a political candidate because it is
hard to repeat his views over and over again in
different places that is why it is only appropriate
to record it in a jingle or something.
Prohibitions of Speech
General Rule: State cannot exercise Prior
Restraint or Subsequent Punishment
1. Prior Restraint
Has not yet been expressed
Before publication/ dissemination
Exemptions
a. During war

b. During rebellion
c. Classified Censorship (MTCRB)
This can be reviewed by a
higher body.
2. Subsequent Punishment
Allowed to do/show but there is
immediate punishment after.
Exemptions
a. Dangerous Tendency Rule (a
tendency)
If speech is expressed =
possible evil
b. Clear and Present Danger
If speech is expressed = sure
evil
Use proximity and degree
test
c. Balancing of Interests
Individual freedom vs public
interest
CASE: Soriano vs Laguardia