Media Law SUMANGA, MONICA CLARA M.

PRELIMS
The Fundamental Powers of the State and the Bill of Rights
Fundamental Powers:

Eminent domain
Taxation
Police power

Why are they fundamental or inherent?

They exist because the state exist

The power exist independent of the constitution (the

What is just compensation?

It is the full and fair equivalent of the property from the

private owner by expropriator;

It must be fair and it depends upon the circumstances
Formula: JC = VP CB + CD
JC = Just Compensation
CB = Consequential Benefits
CD = Consequential Damages
VP = Value of Property

Should the just compensation be payable in cash?

was allowed to not pay in cash due to lack of cash

(See Association of Small Land Owners of the

constitution is not the basis for the existence of the

power
The state need these powers to exist and function

Eminent Domain

Eminent is the power of the state to take private

Philippines v. Secretary of Agrarian Reform

Taxation

public use without just compensation

Conditions:
Taking of private property
When is private property taken?
Elements of Taking

The expropriator must enter a private property

Entry must be for more than a momentary period
Entry must be under warrant or color of legal authority
Property must be devoted to public use of injuriously

affected
Utilization of property must be in such a way as to
oust the owner and deprive him of beneficial

enjoyment of the property

See United States v Causby

Who exercises the power of eminent domain?

Congress

Valid Delegation:

The President of the Philippines

Local Government Units

Public Corporations (NHA)

Quasi-public corporations (PNR) private entities that

perform government functions

What is the concept of public use?

Whatever may be beneficially employed for the

general welfare satisfied the requirement

See Pascual v Secretary of Public Works and
Highways

Destruction from Necessity

A right to self-defense and preservation

Employed by anyone (can be done by anyone)
For the benefit of a private person
Without need for payment or just compensation

Taxation is the inherent power of the state to exact

proportional contributions from the people for some

property for public use after payment of just

compensation
Art. 3 Sec. 9 private property shall not be taken for

As a general rule yes, however in our history, only one

public purposes
Taxes

Enforced proportional contributions from persons and

property levied by the state by virtue of its sovereignty
for the support of the government for public needs

Other kinds of taxes:

Sales tax
Documentary stamp tax
Makati (Local government tax)
Property tax
Estate tax (inheritance tax)

2316 withholding tax

Not required to pay taxes:

Minimum wage earners

Jobless

Why do we pay taxes?

Necessity Theory because its needed

Benefits-protection Theory doctrine of symbolic
relationship

Limitations to the power to tax

Inherent limitations imposed on the power by the

power itself

Exceptions:

- For educational purposes

- Territoriality (carpark example)

Constitutional limitations imposed by the constitution

itself

Tax Treaties kapag nakapag bayad na ang citizen ko ng tax

sayo, nakapag bayad na rin siya sa akin
Concepts of Taxation:

Uniformity (geographical uniformity) kapag sa QC

nagtax ng 5% sa isang bote ng beer, dapat sa buong

QC yun
Progressive System the higher the income, the
higher the tax

Purposes of Taxation:

Primary to raise revenue

Secondary sin taxes to promote health/welfare of

the people
You tax people for the benefit of the general public

Primary holder of the power: Congress

Valid delegations: (1) President (2) LGUs

Human Rights therefore is Natural Rights plus Civil Rights

Political Rights right to participate, directly or indirectly in
establishment or administration of government, the right of
suffrage, the right to hold public office, the right of petition, etc.
Other rights:

What is the source of the right?

Natural (right to live) v. Constitutional (with constitutional
provision) v. Statutory (not natural nor constitutional; animal
rights)

It is an attribute that promotes the common good

It is the power to enact laws within constitutional
limits, to promote order, safety, health, morals and for
the general welfare of the society

Who exercises the power?

Congress
Valid delegations: (1) President (2) Administrative
Bodies (3) LGUs

How do we determine whether the exercise is valid?

(a) lawful subject interest of the people
(b) lawful means (1) is the subject a lawful subject? (2)
is the means used to regulate the subject lawful
means?
See White Light Corporation v. City of Manila (Motel Case)
The Supreme Court may not be correct but it is never wrong
Pascual, 2015

individual
See People v. Domatay (umamin sa abscbn reporter so he
cannot be protected by the law)

Rights v. Privileges v. Obligation

Obligation judicial necessity to give, to do or not to do, which
includes not to give.
Privilege not all people are given; you can do it or you cannot
do it
Right in its most basic, these are the rules which allows
citizes to do certain things

Due Process Clause

Human Rights rights which inheres in persons from the fact

of their humanity; by virtue of being human
Civil Rights those rights that belong to every citizen; right to
property, marriage, equal protection of the laws; was given to
you because you are part of the state

Constitutional Provision
Art. 3 Sec. 1 No person shall be deprived of life,
liberty and property without due process of law

Characterization:

There shall be a law prescribed in harmony with the

general powers of legislative

It shall be reasonable in operation
GAA General Appropriations Act*
It shall be enforced according to the methods of

procedure prescribed and

It shall be applicable alike to all citizens as of the state
or to all of a class

Historically, the clause refers to the procedural fairness

Due Process Right a law that hears before it condemns
Classifications:
(1) Judicial Due Process
The following must exist para walang violation:

An impartial tribunal (it is objective, hindi bias, for or

against a person (Judge Paulo, Rafa example)

Jurisdiction* that is lawfully acquired (*power of the
court to hear, try and decide cases)

Kinds of Rights:
Natural Rights those rights that belong to man; right to live
(you dont need a law)

Bill of Rights protect life, liberty and property

Due Process Clause and the Equal Protection Guarantee

Bill of Rights
Bill of Rights exists to limit the exercise of governmental
powers

Operation of the bill of rights is limited to the intrusion

of the government and not intrusion of a private

Police Power

Economic rights, social rights, cultural rights

Kinds of Cases:
(1) Civil Case usually money or property, annulment,
ejectment, specific performance
(2) Criminal Case once you violate the penal law

Notice and opportunity to be heard; you must be

notified, uy may hearing today

Judgement rendered after lawful hearing

Jurisdiction over the plaintiff

kapangyarihan ng korte para mag-demanda

acquires this upon the filing of the complaint

Substantial Evidence amount of evidence that a reasonable

mind may accept to support a conclusion (does not require
absolutism
Kinds of Due Processes

Jurisdiction over the defendant

a)

Procedural Due Process (steps)

Jurisdiction over the res (pinagaagawan)

Judicial
Administrative

acquires this upon actual/constructive delivery to the

b)

Substantial Due Process (substantive)

this serves as a restriction on the governments law

and rule making powers

serves
as
protection

arbitrariness
it inquires whether the government has sufficient

acquires this upon: (1) voluntary appearance (2)

compulsory processes

court
Jurisdiction over the issues

acquires this upon filing of the complaint and answer

Jurisdiction over the subject matter

property

determined by law
example: ejectment (1st level courts)

Substantive Due Process

Facial Challenges

Types of Jurisdiction
Jurisdiction over the subject matter
Jurisdiction over the accused can be obtained

processes
Jurisdiction over the territory kung saan nangyari
ang crime

kamag-anak,

ancestors,

asawa,

descendants
(2) Infanticide bata not more than 3 days old
(3) Murder aggravating circumstances, planadong pagpatay
(4) Homicide wala lang, pinatay mo lang siya
(5) Death by Tumultuous Affray
Due Process Clause
Judicial Due Process
a)
b)

an impartial tribunal
jurisdiction that is lawfully acquired

Administrative Due Process

a)
b)
c)
d)
e)

the right to a hearing

the tribunal must consider the evidence presented
the decision must have something to support itself
the evidence must be substantial
the decision must be based on the evidence

f)

presented
the tribunal must act on its own independent
consideration of the law and facts and not merely

g)

Facial Challenge challenge to a statute in which the plaintiff

alleges that the legislation Is always unconstitutional and
therefore void.
As Applied Challenge alleges that a particular application of a
statute is unconstitutional

Kinds of pag-patay but not really:

(1) Parricide

Chilling Effect refers to the inhibition or discouragement of

the legitimate exercise of a constitutional right by the potential
or threatened prosecution under or application of a law or
sanction. (right to speech)
GR (General Rule) : bawal ang epal
FC (Facial Challenge) : pasan ko ang daigdig
AP (as applied) : ang akin ay akin lamang
(Ang pwede mo lang i-question ay yung mga makaka-affect
sayo)
Strict Scrutiny Standard

rather

than

substantial

governmental

interest and on the absence of less restrictive means

for achieving that interest

compelling government interest

Tools under Facial Challenge

(1) Void for Vagueness Test a law is vague when it
lacks comprehensive standards that men of common
intelligence must necessarily guess its common
meaning and differ to its application

that the parties to the proceeding can know the

various issues involved and the reason for the

standard of review, the focus is on the presence of

something

accept the views of the subordination

the body should render its decision in such a manner

decision rendered

void of vagueness doctrine

overbreadth doctrine
As Applied Challenge

through: (1) voluntary surrender (2) compulsory

c)

governmental

justification for depriving a person of life, liberty and

Criminal Case

a)
b)

against

The law is invalid because:

a.

it violates the due process clause for failure to accord

persons fair notice of what conduct is to be avoided

b.

it leaves law enforcers an unbridled discretion in

carrying out its provisions

see Reno v. ACLU

(2) The Overbreadth Doctrine the doctrine decrees that
a governmental purpose may not be achieved by
means which sweep unnecessarily broadly and
thereby invade the area of protected freedom

1.
2.

Economic Rights 50 years after death

Moral Rights attributed to the owner forever

- 4 elements of copyright infringement

- Exceptions to copyright infringement
How substantial is substantial? when values are affected

See David v. Arroyo

Special Laws

Issue: whether or not the overbreadth doctrine can be used to

challenge the validity of PP1017? no, the overbreadth
doctrine is not applicable

Shield Law

Test to determine governmental interference to guaranteed

freedoms:
a.

Clear and Present Danger Rule the advocacy of

ideas cannot constitutionally be abridged unless there

or information unless the court or house of committed

congress finds that such revelation is demanded by

b.

c.

allowed
Balancing of Interest Test which of the two
conflicting interests demand greater protection under

Copyright

when the particular conduct is regulated to the interest

of public order
and the regulation results in an indirect, conditional

the publication, multiplication or use of the material for

Reasonable Connection Test there is a reasonable

connection between the means used and the
legitimate governmental interest sought to be abused

Equal Protection Clause

Concept:
All persons or things similarly situated should be treated alike
both as to rights conferred and responsibilities imposed
Constitutional Basis: Art 3, Sec. 1 nor shall any person be
denied the equal protection of the laws

the work
The holder of the copyright can authorize or prevent:
1.

Substantial Distinction there is a classification,

2.
3.
4.

groupings, classes
Germane to the purpose of the law
Not limited to existing condition
Apply equally to all members of the same class

*germane relevant

groupings must be relevant to the purpose of the law

groupings must be transcend, not only today but in the

future
the distinction must not be temporary

Reproduction of the work or substantial portion of the

work (most important because it will dictate how the

2.

public will have access to it

Transformation of the work (dramatization, translation

3.
4.
5.

or adaptation)
First public distribution of the original and first copy
Rental Rights
Public display of the original or copy

Copyright/Economic Right

Elements:
1.

a certain period of time

A legal right is given to the owner to determine how
the work is used and to obtain economic benefits from

and partial abridgement of speech

d.

Statutory protection of an artists work giving the

creator or holder of the copyright the right to regulate

the particular circumstances presented:

their news reports

No case on the shield law as of 2006 except the
Jurado case [ he refused to disclose info ]

tendency to create the danger apprehended be it far

or remote, thus government regulation would then be

the security of the state

1994 Congressman Edelmiro Amante authored a bill
to require media practitioners to reveal the source of

is a clear and present danger. Question (1) proximity

(2) degree
Dangerous Tendency Rule there is a rational

R.A. no. 1477

Prohibits revelation of the source of any news report

The use of intellectual property or creations should

basically

promote

the

creators

personal

and

economic gain;
Social Function of Copyright
2 objectives:

Encouraging of individuals to intellectual labor by

assuring them of just rewards

Securing to society the longest benefits of their
products

The Conflict between Copyright and Free Speech

Does the law allow discrimination? Yes, as long as the 4

elements are present

Atty. Alex Ferdinand Fider freedom of speech stands on a

higher plane than the right or creators over their intellectual
creations

Copyright

Copyright is merely a state policy in the 1987 constitution

Rights of the owner of the copyright:

Idea-expression Dichotomy copyright protects the form in

whch a work is expressed but does not protect the underlying
ideas or information in the work
Registration and Deposit with the Government

1972 (P.D. no. 49) registration was done for filing a

suit for damages

1998 IPC (Intellectual Property Code) registration

para maka-iwas sa fees

Under the present state of law, copyright for a work is
acquired by an intellectual creator from the moment of
creation even in the absence of registration and

deposit
Registration and deposit of 2 complete copies of the
work with the National Library within 3 weeks at first
public dissemination/performance of the work is just to
avoid penalty, for non-compliance and in order to
recover damages in an infringement suit (P.D. 49 is
amended)
Deposit is not being required for the existence of the

Literary Works original intellectual creations in

literary/artistic domain issued from the moment of
their creation

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

books, articles, writings

periodicals and newspapers
lectures
letters
dramatic compositions
musical compositions
works of art
illustrations related to science
drawings
photographic works
audiovisual works
pictorial illustrations
computer programs
other literary works, scientific and artistic

*****Copyright is a formal intellectual property

copyright because copyright exist from the moment of

Intellectual Property an expression of an idea in the form of

information (any product at the mind interest)

creation.
Registration

It is comprised of:

Supreme Court Library

Patents, Trademarks,

of

Copyrights:

National

Tradenames

Library

or

Intellectual

1.

Patent Right secured by a patent usually meaning a right to

the exclusive manufacture and sale of an invention or patented
article.

Tradename name that will distinguish your product from other

product
Service Mark distinguishes a particular service from other
services (not a product)
How Copyright is acquired

Sec. 2 of P.D. 49 the rights granted under this

Decree shall, from the moment of creation, subsist

with respect to any of the following classes of works

Sec. 172.2 of 1998 IPC works are protected by the

sole fact of their creation

Creation the presentation of a new conception or
idea in artistic embodiment

Implementing Offices and Remedies for Infringement

Implementing Offices:

Property

inventions,

utility

models,

industrial designs
a. patent
b. trademarks
c. tradenames
d. service marks

Property Office (IPO)

Trademark mark that distinguish your product from other

products

Industrial

2.

Copyright

Laws on Copyright

Spanish law on intellectual property

US Copyright law
An act to protect intellectual property (Act No. 3134)
RA no. 336 Civil Code of The Philippines
P.D. no. 49 declared by Marcos
R.A. 8293 present law on copyright

IPC (R.A. 8293)

IP was the subject of global scrutiny

WTO agreement agreement on Trade Related
aspects of Intellectual Property Rights (TRIPS) [did
not consider the impact of new technologies]

Fair Use and Decompilation

Fair Use

Sec 185.1 provides that fair use of copyrighted work

for criticism, comment, news reporting, teaching

Natl Library
SC Library

including

multiple

copies

for

classroom

use,

scholarship, research and similar purposes are not

Remedies for Infringement

Administrative/Judicial IPO

Works Covered/Nature of Copyrights and Rights of Copyright

Owner

Sec. 172 of IPC enumerates 15 literary and artistic

works that enjoy copyright from the moment of
creation

infringement of copyright.
Decompilation

The reproduction of the code and translation of forms

of the computer program to achieve the interoperability of an independently created computer
program

4 factors that must be considered:

Purpose and character of use, whether commercial of

grievances is essential and vital to the strength and

non-profit educational
Nature of copyrighted work
The amount and substantiality of the portion used
The effect of the use upon the potential market for or

stability of the State. To this end, the State shall

ensure the free exercise of such right without

prejudice to the rights of others to life, liberty and
equal protection of the law.

value of the copyrighted work

Loss of Copyright

During the life of the author and 50 years after his

death (duration)

Freedom of Expression
1. press
2. speech
3. right to assembly
4. right to petition
Why is it guaranteed?
1.

to search for the truth you need dialogue, constant

criticism and questioning; without these freedoms,

Permit

Grant
3 days granted
Deny must have: (1) reasons (2) clear and present
danger rule (3) alternative place

Exceptions:

Rally in a freedom park

Private property
State universities/colleges

Philippine Sedition Law conduct based for unabiding the

government

2.

there can only be one perspective

for democracy to work these freedoms are the main

FINALS PERIOD

3.

reason for democracy

form of self-realization to find out who you are as a

Libel
(try to memorize huhu)

person
Limitations:
1.

Prior Restraint

di mo pa sinasabi o ginagawa, bawal na agad

official governmental restrictions on the press or other
forms of expression in advance of actual publication
or dissemination

Libel is a public and malicious imputation of a crime, or of a

vice or defect, real or imaginary, or any act, omission,
condition, status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or juridical person
or to blacken the memory of one who is dead
Libel a defamation committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting or theatrical
or cinematographic exhibition
Slander oral defamation;

2.

Subsequent Punishment

Opposite of Prior Restraint

Na-exercise mo na yung freedom (Babst example)

Exceptions:

In times of war
Requirement of decency
Obscene and Nude expression
Defamatory words (libelous)
Fighting words

Speech

Same standards used for press

Level of protection varies
More premium to political than commercial

Public Assembly Act

The constitutional right of the people peaceably to
assemble and petition the government for redress of

the enjoyment of a private reputation is as much a

constitutional right as the possession of life, liberty

and property.
The law recognizes the value of such reputation and
imposes upon him who attacks it, by slanderous
words or libelous publication, the liability to make full
compensation for the damages done

ELEMENTS OF LIBEL/DEFAMATION:
1.

Right to Assembly and Petition

Reason why defamation is punished:

imputation of a crime, or of a vice or defect, real or

imaginary, or any act, omission, condition, status or

2.
3.
4.

circumstance
the imputation must be made publicly (publication)
that it must be malicious (malice)
that the imputation must be directed at a natural or

5.

juridical person, or one who is dead

the imputation must tend to cause the dishonor,
discredit or contempt of the person defamed