MURAO, JOSE PEPITO III

I. Article III Section 4, Prior Restraint/Freedom of Expression:

Chavez v. Gonzales G.R. 168338

Facts:
On June 2005, a year after the 2004 elections that Gloria Macapagal-Arroyo had won, Press Secretary Ignacio
Bunye issued a statement that the opposition was trying to destabilize the administration by releasing what is now
popularly acknowledged as the Hello Garci tapes. The tapes, one with the full conversation and one altered to
incriminate the President, were conversations of the President, the First Gentleman, Senator Barbers, and
COMELEC Commissioner Garcillano. The Department of Justice (DOJ), National Bureau of Investigation (NBI),
and National Telecommunications Commission (NTC) all told reporters that those in possession and who may
disseminate such may be held liable under the Anti-Wiretapping Act. Among those implicated are Inq7.net,
Philippine Daily Inquirer and GMA 7. Specifically, the NTC along with the Kapisanan ng mga Brodkaster sa
Pilipinas (KBP) issued a joint statement that they are not restricting freedom of press but rather calling for the
exercise of such, in a responsible manner. Hence, Francisco Chavez filed a prayer for the issuance of writs of
certiorari and prohibition assailing such restraints by government agencies over press outlets.
Issue:
1) W/N warnings issued by government agencies are violative of freedom of press/speech/expression,
mandated by Article III Section 4 of the Constitution?
YES. Statements made by the NTC and DOJ Secretary Raul Gonzales warning against the possession,
dissemination, and reproduction of the Hello Garci tapes are violative of freedom of press/speech/
expression. The government has to prove that clear and present danger to the nation will result from the act,
which they are prohibiting, or warning against. Since the acts of said news establishments were authorized
and legal, it is up to the government to prove that the content which the aforementioned establishments are
unconstitutional or brings danger to the nation.
Held:
Writs of Certiorari and Prohibition are hereby GRANTED.