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digestsbymarianpurpleink · 4 months

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Soriano vs. Laguardia, G.R. No. 164785, 29 April 2009

Doctrine: Art. 142 Inciting to Sedition

Different acts of inciting to sedition:

Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations.

Uttering seditious words or speeches which tend to disturb public peace.

Writing, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb public peace.

[Note: The crime that the petitioner was prosecuted for in this case was not inciting to sedition. This case was probably included by Atty. Lexie, similar to what she did in including People v. Mamantak under Arbitrary Detention, to give an example of the gravity of scurrilous remarks - low, vulgar, mean, or foul utterance - that is punishable under Article 142.]

FACTS

Eliseo Soriano, host of the program Ang Dating Daan, aired on UNTV 37, made the following remarks:

“Lehitimong anak ng demonyo; sinungaling; Gago ka talaga Michael, masahol ka pa sa putang babae o di ba. Yung putang babae ang gumagana lang doon yung ibaba, [dito] kay Michael ang gumagana ang itaas, o di ba! O, masahol pa sa putang babae yan. Sabi ng lola ko masahol pa sa putang babae yan. Sobra ang kasinungalingan ng mga demonyong ito.” 1 x x x”

Two days after, before the MTRCB, separate but almost identical affidavit-complaints were lodged by Jessie L. Galapon and seven other private respondents, all members of the Iglesia ni Cristo (INC), against petitioner in connection with the above broadcast. Respondent Michael M. Sandoval, who felt directly alluded to in petitioner’s remark, was then a minister of INC and a regular host of the TV program Ang Tamang Daan. On September 27, 2004, in Adm. Case No. 01-04, the MTRCB issued a decision finding respondent Soriano liable for his utterances and thereby imposing on him a penalty of three (3) months suspension from his program.

Prompted by the unfavorable judgment of the MTRCB against him, the petitioner filed a petition for certiorari and prohibition with prayer for injunctive relief alleging that:

the order of preventive suspension promulgated by respondent [MTRCB] dated 16 august 2004 against the television program ang Dating Daan is null and void for being issued with grave abuse of discretion amounting to lack or excess of jurisdiction;

Section 3(c) of PD1986, is patently unconstitutional and enacted without or in excess of jurisdiction. It unduly infringes on the constitutional guarantee of freedom of religion, speech, and expression as it partakes of the nature of a subsequent punishment curtailing the same.

ISSUE/S

Whether MTRCB has the power to issue a preventive suspension order against the petitioner and his television program.

If yes, whether the said suspension was an infringement of the petitioner's right to freedom of speech, freedom of religion, and equal protection of the law guaranteed by the 1987 Constitution.

Whether the remarks of the petitioner in his television program were scurrilous which tends to disturb public peace.

RULING

Note to the reader: Please only read the underlined phrases if called to recite. The explanations of the rulings are a bit long. Not only you might experience a dry mouth after this, shortness of breath is expected. I find the other phrases essential to fully understand the case, hence did not omit them. Thwinx.

The Court ruled in the AFFIRMATIVE. A perusal of the MTRCB’s basic mandate under PD 1986 reveals the possession by the agency of the authority, albeit impliedly, to issue the challenged order of preventive suspension. MTRCB is expressly empowered by statute to regulate and supervise television programs to obviate the exhibition or broadcast of, among others, indecent or immoral materials and to impose sanctions for violations and, corollarily, to prevent further violations as it investigates. The preventive suspension was done in furtherance of the law, imposed pursuant, to repeat, to the MTRCB’s duty of regulating or supervising television programs, pending a determination of whether or not there has actually been a violation.

However, its decision to suspend petitioner must be modified, for nowhere in that issuance is the Board empowered to suspend the program host or even to prevent certain people from appearing in television programs. The MTRCB, to be sure, may prohibit the broadcast of such television programs or cancel permits for exhibition, but it may not suspend television personalities, for such would be beyond its jurisdiction. Thus, the MTRCB’s decision in Administrative Case No. 01-04 dated September 27, 2004 and the subsequent order issued pursuant to said decision must be modified. The suspension should cover only the television program on which petitioner appeared and uttered the offensive and obscene language, which sanction is what the law and the facts obtaining call for.

The Court ruled in the NEGATIVE.

On alleged curtailment of freedom of religion:

There is nothing in petitioner’s statements subject of the complaints expressing any particular religious belief, nothing furthering his avowed evangelical mission. The fact that he came out with his statements in a televised bible exposition program does not automatically accord them the character of a religious discourse. Plain and simple insults directed at another person cannot be elevated to the status of religious speech. Even petitioner’s attempts to place his words in context show that he was moved by anger and the need to seek retribution, not by any religious conviction. His claim, assuming its veracity, that some INC ministers distorted his statements respecting amounts Ang Dating Daan owed to a TV station does not convert the foul language used in retaliation as religious speech. The Court cannot accept that petitioner made his statements in defense of his reputation and religion, as they constitute no intelligible defense or refutation of the alleged lies being spread by a rival religious group. They simply illustrate that petitioner had descended to the level of name-calling and foul-language discourse. Petitioner could have chosen to contradict and disprove his detractors but opted for the low road.

On alleged curtailment of freedom of speech:

The petitioner’s virtual inability to speak in his program during the period of suspension cannot be plausibly treated as prior restraint on future speech. For viewed in its proper perspective, the suspension is an intermediate penalty for uttering an unprotected form of speech. It is definitely a lesser punishment than the permissible cancellation of exhibition or broadcast permit or license. In fine, the suspension meted was simply part of the duties of the MTRCB in the enforcement and administration of the law which it is tasked to implement. Viewed in its proper context, the suspension sought to penalize past speech made on prime-time “G” rated TV program; it does not bar future speech of petitioner in other television programs; it is a permissible subsequent administrative sanction; it should not be confused with a prior restraint on speech. While not on all fours, the Court, in MTRCB, sustained the power of the MTRCB to penalize a broadcast company for exhibiting/airing a pre-taped TV episode without Board authorization in violation of Sec. 7 of PD 1986. Furthermore, the Court reiterated that the petitioner’s use of the words “putang babae” which means “a female prostitute,” and “ang gumagana lang doon yung ibaba,” making reference to the female sexual organ, were obscene utterances, therefore not entitled to protection under the umbrella of freedom of speech. Their very utterance inflict injury or tend to incite an immediate breach of peace and expression endangering national security

On alleged denial of equal protection under the law:

Petitioner has not been denied the equal protection of the law as the Iglesia Ni Cristo (INC) ministers he criticized are not facing any administrative charges. The petitioner cannot, under the premises, place himself in the same shoes as the INC ministers, who, for one, are not facing administrative complaints before the MTRCB. For another, he offers no proof that the said ministers, in their TV programs, use language similar to that which he used in his own, necessitating the MTRCB’s disciplinary action. If the immediate result of the preventive suspension order is that petitioner remains temporarily gagged and is unable to answer his critics, this does not become a deprivation of the equal protection guarantee.

The Court ruled in the AFFIRMATIVE. While adults may have understood that the terms thus used were not to be taken literally, children could hardly be expected to have the same discernment. Without parental guidance, the unbridled use of such language as that of petitioner in a television broadcast could corrupt impressionable young minds. The State has a compelling interest in extending social protection to minors against all forms of neglect, exploitation, and immorality which may pollute innocent minds. It has a compelling interest in helping parents, through regulatory mechanisms, protect their children’s minds from exposure to undesirable materials and corrupting experiences. The Constitution, no less, in fact enjoins the State, as earlier indicated, to promote and protect the physical, moral, spiritual, intellectual, and social well-being of the youth to better prepare them fulfill their role in the field of nation-building. In the same way, the State is mandated to support parents in the rearing of the youth for civic efficiency and the development of moral character. Petitioner’s offensive and obscene language uttered in a television broadcast, without doubt, was easily accessible to the children. His statements could have exposed children to a language that is unacceptable in everyday use. 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 petitioner’s utterances in TV broadcast as provided in PD 1986.

#Criminal Law

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rj100789 · 5 months

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UNTV: WHY NEWS | December 13, 2023

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depensakana · 1 year

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UNTV-37 Ito ang Balita by Caption Rebellion Albito Rebellion

#Desperadong Mali

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leftwitchchild · 1 year

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un-mediaseminar-blog · 1 year

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Opening remarks by H.E. Mr. Cheikh Niang Chair of the Committee on the Exercise of the Inalienable Rights of the Palestinian People and Permanent Representative of Senegal to the United Nations

2022 International Media Seminar on Peace in the Middle East

3-4 November 2022, Geneva

Excellencies, Distinguished guests, Ladies and Gentlemen,

Let me start by commending the Department of Global Communications for organizing this year's International Media Seminar on Peace in the Middle East.

In May this year, the world watched in shock as global news networks showed footage from the funeral of Shireen Abu Akleh, Al-Jazeera's veteran correspondent. The killing of Shireen was not only an outrageous act but an attack on the freedom of the media and the independence of journalists, who play a crucial role in reporting conflicts, seeking truth, and telling the stories of victims.

Journalists must be protected to carry out their work and media freedom should be defended. As legacy media and social media technologies advance, so too must our communication strategies to responsibly and effectively harness their power.

The Committee has a mandate from the UN General Assembly to raise awareness and advocate for a solution to the question of Palestine. Through outreach efforts with the Member States, including members of the Middle East Quartet and the Security Council, the Committee advocates for the implementation of the international consensus based on two States, Israel and Palestine, living sideby-side in peace and security within the 1967 borders and with East Jerusalem as the Palestinian capital.

The Committee faces many challenges, including that of countering misinformation on the question of Palestine. Working with media professionals is an integral element of our work because the media’s accurate and reliable reporting keeps us abreast of developments and informs our decisions.

Let me mention just a few of the outreach strategies utilized by our Committee to implement its mandate. We manage the United Nations Information System on the Question of Palestine (UNISPAL), which is the world's largest online repository of documents on the question of Palestine from 1917 to the present. The website has received over 2.6 million pageviews since 2020. The collection contains over 40,000 current and historical United Nations documents on the question of Palestine and the search for peace, with growing content in all official UN languages. I invite you to utilize this unique resource in your research and reporting.

The Committee's social media include Twitter, Facebook, Instagram, and a YouTube channels through which we disseminate information and reach target audiences across the globe. Our high-profile virtual events this year discussed crucial issues such as apartheid and international law, the impact of Israeli settlements on Palestinian rights, Palestinian youth in East Jerusalem, and the effects of forced displacement on Palestinian women. All these activities were livecast on UNTV and social media, and can be accessed on our website. We implemented a three-month advocacy campaign to mobilize diplomatic, donor, and public support for UNRWA, raising awareness about the Agency’s crucial work.

The Committee's secretariat, the Division for Palestinian Rights, prepares and disseminates periodic publications, including quarterly newsletters, monthly bulletins, weekly NGO Action News , annual compilations of all UN resolutions and reports issued by UN entities on the question of Palestine. We also cooperate with civil society, organize the annual observance of the International Day of Solidarity with the Palestinian People, and use social media platforms to advocate for a just solution to the conflict. I would like to invite you to join our mailing list, follow us on Twitter and to visit our webpage regularly (un.org/UNISPAL)

Despite our collective efforts, there is barely adequate coverage of the situation in the Occupied Palestinian Territory in international media. Attention keeps shifting to other conflicts or only to some aspects of the conflict, ignoring the efforts of millions of Palestinians to live a life of dignity. The COVID-19 pandemic overshadowed the grave violations of human rights occurring daily in the Occupied Palestinian Territory, UNRWA's severe funding crisis, and the need for sustainable and inclusive economic recovery that improves the livelihoods of all Palestinians.

Ladies and Gentlemen,

Modern technology has profoundly impacted how we communicate. It has allowed us to maintain closer contact with our constituencies and cultivate relationships with new audiences. More than at any other moment in our history, credible and innovative young journalists have the best possible tools available to analyze events and report on them to broad audiences.

Simultaneously, a ferocious battle is waged across various social media platforms over what is known as "fake news" or "hate speech." The mix of digital technology, unscrupulous politics, stifling of dissent, and commercial exploitation of new communications platforms highlights the need for revised communications strategies and ethics framework to rebuild public trust in journalism and media. We also need more effective communicators, skilled at crafting clear and concise messages which resonate with domestic and international audiences.

The provision of accurate information about a conflict is a priority, and maintaining a culture of professional journalism is crucial. For this reason, on 25- 26 July 2022, the Committee organized a two-day Communication Strategy Workshop for media and PR officials of the Government of the State of Palestine. The workshop taught topics such as strategic thinking, understanding the audience, developing key messages, and delivering meaningful communications with target audiences, including how to interact with the media.

Ladies and gentlemen,

The Committee advocates for a resolution of the question of Palestine based on an end to the Israeli occupation and a two-State solution. The Committee will remain a reliable partner of the media – including you - in the pursuit of the full realization of the inalienable rights of the Palestinian people, including self-determination and independence.

What we want for the Palestinian people is exactly what we want for any of our own people – a life of peace, justice, and dignity. I look forward to the support of the media in this endeavor and wish the seminar all success.

Thank you.

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crstnjnblr · 1 year

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Woke up at around 5:10 am and we were finally at our destination in Ternate, Cavite. All of us registered and signed a waiver before hiking (anxiety level spiked for a sec hahaha), and watched an 8-minute video about Mt. Palay-Palay-Mataas-na-Gulod where Pico de Loro is situated. After watching the video, all I can say is hands down to the efforts of DENR for protecting this mountain and for giving the community opportunities and livelihood. Also remembered my forester friends - Rye, Franet, and Dids - your job is awesome!

We began the hike when the light finally shone upon the fields lol around 5:40 am I think. We literally just started but the number of ascent we already did? Uhmmmm??? HAHAHA. I don't know why but I didn't expect that many assaults lol. I obviously should've 'cause it's a fvckin' mountain! Anyways, there were 9 stations to pass before reaching the summit. Chie and I were just at the 2nd station but it already felt like the 9th, like forever. We were already gasping for air and our muscles were already feeling the strain. The path was really steep but thanks to the intervention of stairs made of stacked rocks, the climb became more convenient. Thangs are already going on inside my head like "Susuko na ba? Kaso sayang naman binayad namin. Shet," lmao. That went on and on until we reached stations 4 and 5. I mean, we're halfway there! But I told Chie to just inform me if he doesn't wanna carry on any longer 'cause he's surprisingly having a harder time. We were explicitly told during the orientation, there's no shame in quitting, there's courage in quitting. And I loved that. I held onto that HAHAHA.

Honestly speaking, there's almost no chance to *intimately* bond with the other joiners. We've had conversations but of course we're more focused on our own steps, catching our own breaths, and on reaching the summit. In the few conversations we had, I discovered that our organizers are a group of journalists and cameramen from different stations like UNTV and CNN. During the hike, they told us about their policies specifically "Tulong Muna, Bago Balita." They were trained to do rescue operations during disasters and they told us some gore stories they covered which required them to respond on the field. They're really interesting people with exciting jobs aaand I sadly didn't get to know all their names haha. At times like that, I just wish I had more powerful social skills to actually know more about them :<

Photos from Breaking Borders

There were a lot of times during the hike that one really had to psych himself up to actually finish it. I mean, I pep talked myself a hundred times. Mindset ba, mindset >u< Other members of our group with advanced trekking experiences, especially our eco tour guides were also very encouraging to us beginners. And man, my rented trekking pole. What a life saver! I had no idea how helpful it can be! Seriously, get one if you plan to hike. Anyways, they told us to not push ourselves too hard, to take a break and hydrate ourselves, to take it one step at a time. Our guide, Kuya Ariel, even offered to carry our bags for us to lessen our sufferings lmao. He also literally supported Chie and I in climbing some of the most complex parts of the trail. He's such a sweet and caring dude, seriously. I wish him all the good things in life haha.

And then finally... The summit. I was there, on top of the world (chour) and found myself already worrying about descending the mountain HAHAHAHA. Seriously though, I had to shake my head a little bit to halt the anxiety and remind myself to just savour the moment, the sudden rush and whistles of wind, clashing of colors of the vast ocean below and the greens along the horizon, the faint sound of birds, just nature really, and my little triumph of conquering the top... Just for a moment. I sat on a rock and drank my water. Told Chie how beautiful it was. I've been longing for this for months already, and now it's in front of me. Sooo picturesque. It was a warm embrace after a very exhausting climb. The lack of thoughts during my quick stay on the summit is a bit disturbing though. Idk, did I expect myself to have some existentialism slash stoical momintss while on the summit? Maybe I did HAHAHA. Meanwhile, Chie was so worried about the strong winds XD We did photo ops and I thought dannggg I really don't know how to pose, do I? Lol.

We then began to descend after an hour or so because the second batch of hikers are almost on the summit too. It was ofc still a struggle to descend. Apparently, what we did was "back trail". We just went again on the same path, same slopes, did the same climb but backwards lol. We were able to finish the descent around 12 noon already and so after we washed ourselves, our group found a lomi and goto batangas place near Kaybiang tunnel, and we all ate our hearts out.

All in all, it was such a proud moment for me. I really wanted to do it, to experience it. I often remember my mom. She would tell me stories about Ninang Susan, her friend who loved adventures - hiking among others. And mama would tell me she also wanted to experience those but didn't get the chance to.

Mama, I did it! It's just one mountain though, my first one! But I did ittttt. You've always been worried about my health, my body. Well, it's still intact! XD And although I still have insecurities about it, I wanna take this time and appreciate my currently sore body that brought me closer to the sky, closer to you.

For I am a part of you, we conquered it together, Ma. My heart is actually happy. I hope you saw me on top of the parrot's peak up there!

#journal #pico de loro

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