Freedom of Expression
April 11, 2019
Jesalva, Romnick I.
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Session Objectives
Understand Obscenity
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By the end of this session, you will be able to:
1. Define and Understand: Freedom of Expression
2. Elements
3. Criticism of Official Conduct
4. Art and Obscenity
5. Assembly and Petition
6. Right of Association
7. Access to Information
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Session Objectives
Understand Obscenity
1 2 3 4 5 6 7
1. Define and Understand: 5. Assembly and Petition
a. Freedom of Expression a. Cases
b. Importance b. Public Assembly Act (BP 880)
c. Scope c. Tests
d. Limitations on Freedom of Expression Purpose Test
e. Modes Of Expression Auspices Test
2. Elements d. More Cases
a. Content-Based Restraint & Content-Neutral Regulations 6. Right of Association
b. Freedom from Censorship a. Constitutional Provisions
c. Freedom From Punishment b. Cases
* Dangerous Tendency Doctrine c. Union Shop , Closed Shop Agreement & Conscientious Objector
* Balancing Interest Test d. More Cases
*Clear & Present Danger Rule 7. Access to Information
3. Criticism of Official Conduct a. Love team Provisions
a. Cases b. Distinctions
b Indirect Contempt c. Cases
Rule 71, Sec 3 & Rule 71, Sec 7. d. Limitations
c. Comments Must be Made in Good Faith
4. Art and Obscenity
a. Where does art ends and indecency begins?
b. Cases
c. Test of Obscenity
d. Destruction of Pornographic Materials
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Define & Understand: FOE
Understand Obscenity
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1. Define and Understand: b. Cases
a. Freedom of Expression c. Test of Obscenity
Sec. 4, Art. III, 1987 Philippine Constitution:
b. Importance d. Destruction of Pornographic Materials
c. Concept 5. Assembly and Petition
d. Scope a. Cases
No law shall be passed abridging the freedom of speech, of expression, or of the press, or
e. Limitations on Freedom of Expression b. Public Assembly Act (BP 880)
of the right of the people peaceably to assemble and petition the government for redress
f. Modes Of Expression c. Tests
2. Elements Purpose Test
of grievances.
a. Content-based Restraint or Content-Neutral regulations Auspices Test
b. Freedom from Censorship d. More Cases
c. Freedom From Punishment 6. Right of Association
it is the right to freely utter and publish or other mediums on what one wishes, without prior
* Dangerous Tendency Doctrine a. Constitutional Provisions
* Balancing Interest Test b. Cases
restraint or censorship by the government and be protected against subsequent punishment
*Clear & Present Danger Rule c. Union Shop , Closed Shop Agreement & Conscientious Objector
as long as it does not violate the law, or injure someone’s character, reputation or business.
3. Criticism of Official Conduct d. More Cases
a. Cases 7. Access to Information
b Indirect Contempt a. Love team Provisions
Hector De Leon Rule 71, Sec 3 & Rule 71, Sec 7. b. Distinctions
c. Comments Must be Made in Good Faith c. Cases
Textbook on Phil. Constitution, 2005 Edition
4. Art and Obscenity d. Limitations
a. Where does art ends and indecency begins?
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Define & Understand: FOE
Understand Obscenity
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1. Define and Understand: b. Cases
a. Freedom of Expression c. Test of Obscenity
Sec. 4, Art. III, 1987 Philippine Constitution:
b. Importance d. Destruction of Pornographic Materials
c. Concept 5. Assembly and Petition
d. Scope a. Cases “Preferred Right”
The State shall not pass a law abridging the:
e. Limitations on Freedom of Expression Fundamental postulate of our
b. Public Assembly Act (BP 880)
f. Modes Of Expression c. Tests
2. Elements constitutional system.
Purpose Test
*Freedom of Speech/Expression
a. Content-based Restraint or Content-Neutral regulations (Gonzales v. COMELEC, G.R. No.L-27833, April18,1969)
Auspices Test
*Freedom of the Press
b. Freedom from Censorship d. More Cases
c. Freedom From Punishment 6. Right of Association
*Right to Assembly and Petition the gov’t for redress of grievances
* Dangerous Tendency Doctrine a. Constitutional Provisions
* Balancing Interest Test b. Cases
*Clear & Present Danger Rule c. Union Shop , Closed Shop Agreement & Conscientious Objector
Considerations:
3. Criticism of Official Conduct d. More Cases
a. Cases 7. Access to Information
b Indirect Contempt a. Love team Provisions
Right to Association (Sec. 8, Art. III)
Rule 71, Sec 3 & Rule 71, Sec 7. b. Distinctions
Right to Information (Sec. 7, Art. III & Sec 28, Art III)
c. Comments Must be Made in Good Faith c. Cases
4. Art and Obscenity d. Limitations
Right to Religion (Sec. 5, Art. III)
a. Where does art ends and indecency begins?
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Define & Understand: Importance
Understand Obscenity
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1. Define and Understand: b. Cases
a. Freedom of Expression c. Test of Obscenity
b. Importance d. Destruction of Pornographic Materials
c. Concept 5. Assembly and Petition
“Every individual has a right to offer his views and suggestions in the discussion
d. Scope a. Cases
e. Limitations on Freedom of Expression b. Public Assembly Act (BP 880)
of the common problems of the community of the nation”
f. Modes Of Expression c. Tests
2. Elements Purpose Test
a. Content-based Restraint or Content-Neutral regulations Auspices Test
“The ultimate good desired is better reached by a free trade in ideas”
b. Freedom from Censorship
c. Freedom From Punishment
d. More Cases
6. Right of Association
* Dangerous Tendency Doctrine a. Constitutional Provisions
* Balancing Interest Test b. Cases
1. Promotes growth – individual and nation
*Clear & Present Danger Rule
3. Criticism of Official Conduct
c. Union Shop , Closed Shop Agreement & Conscientious Objector
d. More Cases
2. Makes possible, scrutiny of acts and conducts of public officials
a. Cases
b Indirect Contempt
7. Access to Information
a. Love team Provisions
3. Insures a responsive and popular gov’t
Rule 71, Sec 3 & Rule 71, Sec 7.
c. Comments Must be Made in Good Faith
b. Distinctions
c. Cases
4. Art and Obscenity d. Limitations
a. Where does art ends and indecency begins?
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Define & Understand: Importance
Understand Obscenity
1 2 3 4 5 6 7
1. Define and Understand: b. Cases
a. Freedom of Expression c. Test of Obscenity
b. Importance d. Destruction of Pornographic Materials
c. Concept 5. Assembly and Petition
Free Speeches Theory
d. Scope
Paradigms a. Cases
e. Limitations on Freedom of Expression b. Public Assembly Act (BP 880)
1. Deliberative Democracy
f. Modes Of Expression c. Tests
2. Elements 1. Equality-based Approach
Purpose Test
2. Market place of ideas
a. Content-based Restraint or Content-Neutral regulations Auspices Test
b. Freedom from Censorship 2. Contrary Approach
d. More Cases
3. Self-expression
c. Freedom From Punishment 6. Right of Association
* Dangerous Tendency Doctrine a. Constitutional Provisions
4. Marker for group identity
* Balancing Interest Test b. Cases
*Clear & Present Danger Rule c. Union Shop , Closed Shop Agreement & Conscientious Objector
5. Protection for individuals and minorities against
3. Criticism of Official Conduct d. More Cases
a. Cases 7. Access to Information
majoritarian abuses
b Indirect Contempt a. Love team Provisions
Rule 71, Sec 3 & Rule 71, Sec 7.
“Marketplace of ideas demands that speech should be met by more
b. Distinctions
6. Safety valve
c. Comments Must be Made in Good Faith speech for it is the spark of opposite speech, the heat of
c. Cases
4. Art and Obscenity d. Limitations
a. Where does art ends and indecency begins?
colliding ideas that can fan the embers of truth.”
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Define & Understand: Scope
Understand Obscenity
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1. Define and Understand: b. Cases
a. Freedom of Expression c. Test of Obscenity
b. Importance d. Destruction of Pornographic Materials
c. Concept 5. Assembly and Petition
Popular & Unpopular
d. Scope a. Cases
Protected Speech
e. Limitations on Freedom of Expression b. Public Assembly Act (BP 880)
“The right exists not so much for the thought that
f. Modes Of Expression c. Tests
agrees with us as for the thought that we detest”
2. Elements Purpose Test
- Justice Holmes
a. Content-based Restraint or Content-Neutral regulations Auspices Test
b. Freedom from Censorship d. More Cases
c. Freedom From Punishment 6. Right of Association
* Dangerous Tendency Doctrine a. Constitutional Provisions
* Balancing Interest Test b. Cases
*Clear & Present Danger Rule
Invite Dispute Right to Audience Right to speak and not to speak
c. Union Shop , Closed Shop Agreement & Conscientious Objector
3. Criticism of Official Conduct d. More Cases
a. Cases 7. Access to Information
b Indirect Contempt a. Love team Provisions
Rule 71, Sec 3 & Rule 71, Sec 7. b. Distinctions
c. Comments Must be Made in Good Faith c. Cases
4. Art and Obscenity d. Limitations
a. Where does art ends and indecency begins?
Anti-Selfie Bill
Right to listen and not to listen Allows the articulation even the unorthodox idea
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Define & Understand: Limitations
Understand Obscenity
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1. Define and Understand: b. Cases
a. Freedom of Expression c. Test of Obscenity
Limitations on freedom of expression (2014 Bar)
b. Importance d. Destruction of Pornographic Materials
c. Concept 5. Assembly and Petition
d. Scope a. Cases
e. Limitations on Freedom of Expression b. Public Assembly Act (BP 880)
1. Laws against(contrary to public policy): 5. Fraudulent matters
f. Modes Of Expression c. Tests
Obscenity
2. Elements Purpose Test
Libel a. Content-based Restraint or Content-Neutral regulations 6. Advocacy of imminent lawless conducts
Auspices Test
b. Freedom from Censorship d. More Cases
Slander
c. Freedom From Punishment 6. Right of Association
* Dangerous Tendency Doctrine 7. Fighting words
a. Constitutional Provisions
2. Right to privacy of an individual
* Balancing Interest Test b. Cases
*Clear & Present Danger Rule c. Union Shop , Closed Shop Agreement & Conscientious Objector
8. Guarantee implies only the right to reach a willing
3. Criticism of Official Conduct d. More Cases
3. Right of state/government to be protected from
a. Cases audience but not the right to compel others to listen,
7. Access to Information
seditious attacks
b Indirect Contempt see or read (Captive Audience Doctrine)
a. Love team Provisions
Rule 71, Sec 3 & Rule 71, Sec 7. b. Distinctions
c. Comments Must be Made in Good Faith c. Cases
4. Legislative immunities(Sec 11, Art. VI)
4. Art and Obscenity d. Limitations
a. Where does art ends and indecency begins?
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Define & Understand: MODES
Understand Obscenity
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1. Define and Understand: b. Cases
a. Freedom of Expression c. Test of Obscenity
b. Importance d. Destruction of Pornographic Materials
1.Symbolisms
c. Concept
d. Scope
e. Limitations on Freedom of Expression
5. Assembly and Petition
a. Cases
b. Public Assembly Act (BP 880)
2. Literary Works
2. Elements
f. Modes Of Expression
a. Content-based Restraint or Content-Neutral regulations
c. Tests
Purpose Test
Auspices Test
3. Oral b. Freedom from Censorship
c. Freedom From Punishment
* Dangerous Tendency Doctrine
d. More Cases
6. Right of Association
a. Constitutional Provisions
4. Written * Balancing Interest Test
*Clear & Present Danger Rule
3. Criticism of Official Conduct
b. Cases
c. Union Shop , Closed Shop Agreement & Conscientious Objector
d. More Cases
5. Media a. Cases
b Indirect Contempt
Rule 71, Sec 3 & Rule 71, Sec 7.
7. Access to Information
a. Love team Provisions
b. Distinctions
c. Comments Must be Made in Good Faith c. Cases
4. Art and Obscenity d. Limitations
a. Where does art ends and indecency begins?
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Modes Of Expression: Symbolisms
Understand Obscenity
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Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Modes Of Expression: Literary Works
Understand Obscenity
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Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Modes Of Expression: Oral
Understand Obscenity
1 2 3 4 5 6 7
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Modes Of Expression: Written
Understand Obscenity
1 2 3 4 5 6 7
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Modes Of Expression: Media
Understand Obscenity
1 2 3 4 5 6 7
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Elements
Understand Obscenity
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Sec 18(1), Art. III:
“No person shall be detained solely by reason
of his political beliefs and aspirations”
Size Matters
Diocese of Bacolod v. COMELEC
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Elements
Understand Obscenity
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Can an offensive and obscene language uttered in a prime-time television broadcast which
was easily accessible to the children be reasonably curtailed and validly restrained?
Yes. As such, the welfare of children and the State’s mandate to protect and care for
them, as parens patriae, constitute a substantial and compelling government interest
in regulating Soriano’s utterances in TV broadcast.
Soriano v. Laguardia
No permit no rally policy. IS it constitutional?
Yes. It does not curtail or unduly restrict the freedom. It merely regulates the use of
public places as to the time, place and manner of assemblies.
Bayan v. Ermita
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Elements
Understand Obscenity
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Facial Challenge
Overbreadth Doctrine
Void-for-vagueness doctrine
Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Elements: Censorship
Understand Obscenity
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Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Elements: Subsequent Punishment
Understand Obscenity
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BEFORE C
AFTER
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FREEDOM H
OF I
EXPRESSION P
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Define & Elements Criticism of Art & Assembly & Right of Access
Official Conduct Petition Association to Info.
Elements: Censorship
Understand Obscenity
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Heavy presumption of unconstitutionality
Operates on prior approval of the gov’t
Mere restriction of circulation is unconstitutional
1. What is Reddendo Singula Singulis?
“Referring each to each”
- referring each phrase or expression to its corresponding object
Referring individual or separate words to separate subjects
draw or load = sword
or
Examples: draw or load = gun
draw = sword or gun
A and B shall 1 and 2 or
load = sword or gun
“If anyone shall draw or load any sword or gun…” draw = sword
or
load = gun
2. What are the cases/provisions related to it?
Amadora vs.CA
G.R. L-47745, April 15, 1988
Article 2180. of the New Civil Code provides:
“…Lastly, teachers or heads of establishments of arts and trades shall be liable for
damages caused by their pupils and students or apprentices, so long as they remain in their custody.”
Teachers = pupils and students
Heads of establishments = apprentices
People vs. Tamani
G.R. No. 22160, Jan. 21, 1974
Rule 122 of the Rules of Court provides:
SEC. 6. When appeal to be taken.—An appeal must be taken within fifteen (15) days from promulgation or notice
of the judgment or order appealed from. This period, for perfecting an appeal shall be interrupted from the time
a motion for new trial is filed until notice of the order overruling the motion shall have been served upon the
defendant or his attorney.
Promulgation= judgment
Notice= order
3. When to apply Reddendo Singula Singulis?
• when a sentence contains several antecedents and several consequences, they
are to be read distributively
• if the general words will apply to some things and not to others
Questions
Does RSS applies:
Legislative and Judicial branch Does RSS applies:
Can Reddendo Singula Singulis be
eliminated in statutes? function as law-making and law- “I devise and bequeath all my real
interpreting body of the and personal property to A”
government respectively.
• Yes – by careful drafting of the laws • Yes. • Yes.
We have to refer legislative to law- Devise – real property
making body although they are apart. Bequeath – personal property
Same goes with Judicial to law-
interpreting
Session Completion
By now, you are able to:
1. What is Reddendo Singula Singulis?
2. Provide cases or provisions related to it.
3. When to apply Reddendo Singula Singulis?
Authoritarian
Clear
Balancing
& Dangerous
of
Present Tendency
Interest
Danger
Libertarian
Freedom Of Expression: SWS 2017
We can’t
“I can say anything I want,
openly and without fear, even
if it is against the administration"
We can say anything
we want to the gov’t
Undecided
Freedom Of Expression: SWS 2017
Access to Information
Love Team Provisions
Art II, Sec 28. Art III, Sec 7.
Policy of Full Public Disclosure Freedom of Information
Transparency
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