Chavez v Gonzales

Petitioner: Francisco Chavez

Respondents: Raul M. Gonzales as Secretary of Department of Justice, National Telecommunications

Commission

Special Civil Action in the SC for certiorari and prohibition

FACTS:

 June 5, 2005- Press Secretary Bunye told reporters that opposition will be releasing an
audiotape between PGMA and a high ranking official of the COMELEC (Garci tapes) which was
recorded via wire-tapping wherein the President instructs the COMELEC official to manipulate
elections results in her favor.
 June 7, 2005 – Atty. Alan Paguia released an authentic tape of conversations between PGMA,
First Gentleman Mike Arroyo, and COMELEC Commissioner Garcillano, Senator Barbers.
 June 8, 2005, DOJ Sec Raul Gonzales warned reporters that those who have copies and those
who broadcasting or publishing its contents could be held liable under the Anti-Wiretapping
Act.
 June 9, 2005 – Sec. Gonzales ordered NBI to go after media organizations found to have caused
the spread of the contents of the tape starting with Inq7.net, Philippine Daily Inquirer, and
GMA7.
 June 11,2005 – NTC issued a press release:

“NTC gives fair warning to radio and television owners/operators to observe Anti-Wiretapping law
and pertinent circulars on program standards” (see page 475 of original for full text)

Important points

o The NTC warns all radio stations and television owners/operators that the permits that they
have acquired from the government provides that they shall not use their stations to
broadcast false information or willful misrepresentation.
o Personalities in possession the tapes have admitted that these are products of illegal
wiretapping operations
o Broadcasting the tapes violates the Anti-Wiretapping Law.
o It has been established that the tapes are false and/or fraudulent.
o The companies are warned that broadcasting false information or willful misinterpretation
shall be just cause for the suspension, revocation, and/or cancellation of the licenses or
authorization issued to the said companies.
o NTC Memorandum Circular 111-12-85 – all broadcasting stations shall cut off from the air
matters being broadcast or telecast the tendency thereof is to disseminate false information
or such other willful misrepresentation, or to propose and/or incite treason, rebellion or
sedition.”
o NTC Memorandum Circular No. 22-89 - prohibited broadcasting stations from using their
stations to broadcast or telecast any speech, language or scene disseminating false
information or willful misrepresentation, or inciting, encouraging or assisting in subversive
or treasonable acts.
  June 14, 2005 – dialogue with KBP (Kapisanan ng mga Broadaster ng Pilipinas) assuring that the
press release did not violate the constitutional freedom of speech, expression, press, nd the
right to information
 Petitioner Chavez filed petition for certiorari and prohibition
o To annul void proceedings
o Prevent the unlawful unconstitutional and oppressive exercise of authority by the
respondents alleging that these acts are violations of the freedom of expression and of
the press, and the right of the people to information on matters of public concern.

ISSUES:

1. WN the petitioner has legal standing

2. WN the acts of DOJ Sec. Gonzales and the NTC violate the freedom of speech, of expression, of the
press and the right of the people to information

HELD:

1. YES.
It seems that the petitioner has not met the requisite legal standing. However, it has been held that
‘where serious constitutional questions are involve, “the transcendental importance to the public of
these cases demands that they be settled promptly and definitely…’”

The court therefore brushes aside technicalities of procedure as this petition involves a challenge to
the freedom of expression, of speech, and of the press.

2. YES.

A. Re-examining the law on freedom of speech, of expression, and of the press

Article III, Section 4, 1987 Constitution: No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.

 Copied from the First Amendment of the US Bill of Rights

 There is a primacy and high esteem accorded to the freedom of expression.
 “For it is only when the people have unbridled access to information and the press that they will
be capable of rendering enlightened judgements.”

A.1. Abstraction of Free Speech

 Gonzales v COMELEC