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Iglesia ni Cristo v. Court of Appeals, G.R. No.

119673, July 26, 1996 DECISION


PUNO, J.: I. THE FACTS

Several pre-taped episodes of the TV program Ang Iglesia ni Cristo of the religious group Iglesia ni Cristo (INC) were rated X i.e., not for public viewing by the respondent Board of Review for Moving Pictures and Television (now MTRCB). These TV programs allegedly offend[ed] and constitute[d] an attack against other religions which is expressly prohibited by law because of petitioner INCs controversial biblical interpretations and its attacks against contrary religious beliefs. Petitioner INC went to court to question the actions of respondent Board. The RTC ordered the respondent Board to grant petitioner INC the necessary permit for its TV programs. But on appeal by the respondent Board, the CA reversed the RTC. The CA ruled that: (1) the respondent Board has jurisdiction and power to review the TV program Ang Iglesia ni Cristo, and (2) the respondent Board did not act with grave abuse of discretion when it denied permit for the exhibition on TV of the three series of Ang Iglesia ni Cristo on the ground that the materials constitute an attack against another religion. The CA also found the subject TV series indecent, contrary to law and contrary to good customs. Dissatisfied with the CA decision, petitioner INC appealed to the Supreme Court. II. THE ISSUES (1) Does respondent Board have the power to review petitioners TV program? (2) Assuming it has the power, did respondent Board gravely abuse its discretion when it prohibited the airing of petitioners religious program? III. THE RULING [The Court voted 13-1 to REVERSE the CA insofar as the CA sustained the action of the respondent Boards X-rating petitioners TV Program Series Nos. 115, 119, and 121. It also voted 10-4 to AFFIRM the CA insofar as the CA it sustained the jurisdiction of the respondent MTRCB to review petitioners TV program entitled Ang Iglesia ni Cristo.] 1. YES, respondent Board has the power to review petitioners TV program. Petitioner contends that the term television program [in Sec. 3 of PD No. 1986 that the respondent Board has the power to review and classify] should not include religious programs like its program Ang Iglesia ni Cristo. A contrary interpretation, it is urged, will contravene section 5, Article III of the Constitution which guarantees that no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. [The Court however] reject petitioners postulate. Petitioners public broadcast on TV of its religious program brings it out of the bosom of internal belief. Television is a medium that reaches even the eyes and ears of children. The Court iterates the rule thatthe exercise of religious freedom can be regulated by the State when it will bring about the clear and present danger of some

substantive evil which the State is duty bound to prevent, i.e., serious detriment to the more overriding interest of public health, public morals, or public welfare. A laissez faire policy on the exercise of religion can be seductive to the liberal mind but history counsels the Court against its blind adoption as religion is and continues to be a volatile area of concern in our country today. . . [T]he Court] shall continue to subject any act pinching the space for the free exercise of religion to a heightened scrutiny but we shall not leave its rational exercise to the irrationality of man. For when religion divides and its exercise destroys, the State should not stand still. 2. YES, respondent Board gravely abuse its discretion when it prohibited the airing of petitioners religious program. [A]ny act that restrains speech is hobbled by the presumption of invalidity and should be greeted with furrowed brows. It is the burden of the respondent Board to overthrow this presumption. If it fails to discharge this burden, its act of censorship will be struck down. It failed in the case at bar. The evidence shows that the respondent Board x-rated petitioners TV series for attacking either religions, especially the Catholic Church. An examination of the evidence . . . will show that the so-called attacks are mere criticisms of some of the deeply held dogmas and tenets of other religions. The videotapes were not viewed by the respondent court as they were not presented as evidence. Yet they were considered by the respondent court as indecent, contrary to law and good customs, hence, can be prohibited from public viewing under section 3(c) of PD 1986. This ruling clearly suppresses petitioner's freedom of speech and interferes with its right to free exercise of religion. xxx. The respondent Board may disagree with the criticisms of other religions by petitioner but that gives it no excuse to interdict such criticisms, however, unclean they may be. Under our constitutional scheme, it is not the task of the State to favor any religion by protecting it against an attack by another religion. . . In fine, respondent board cannot squelch the speech of petitioner Iglesia ni Cristo simply because it attacks other religions, even if said religion happens to be the most numerous church in our country. In a State where there ought to be no difference between the appearance and the reality of freedom of religion, the remedy against bad theology is better theology. The bedrock of freedom of religion is freedom of thought and it is best served by encouraging the marketplace of duelling ideas. When the luxury of time permits, the marketplace of ideas demands that speech should be met by more speech for it is the spark of opposite speech, the heat of colliding ideas that can fan the embers of truth. In x-rating the TV program of the petitioner, the respondents failed to apply the clear and present danger rule. In American Bible Society v. City of Manila, this Court held: The constitutional guaranty of free exercise and enjoyment of religious profession and worship carries with it the right to disseminate religious information. Any restraint of such right can be justified like other restraints on freedom of expression on the ground that there is a clear and present danger of any substantive evil which the State has the right to prevent. In Victoriano vs. Elizalde Rope Workers Union, we further ruled 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. The records show that the decision of the respondent Board, affirmed by the respondent appellate court, is completely bereft of findings of facts to justify the conclusion that the subject video tapes constitute impermissible attacks against another religion. There is no showing whatsoever of the type of harm the tapes will bring about especially the gravity and imminence of the threatened harm. Prior restraint on speech, including religious speech, cannot be justified by hypothetical fears but only by the showing of a substantive and imminent evil which has taken the life of a reality already on ground.

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