DANISE ANNE SINDINGAN AB COMM-4

I.

The Bill of Rights is found on Article III of the 1987 Constitution. The Bill of
Rights embody the basic and fundamental human rights of a person. Cite at least
three (3) specific rights or freedoms under our Constitution which is related to
communication and media. Explain each. (10%)
- Section 7, the right of the people to information on matters om public concern shall be recognize.
Access to official records and to documents and papers pertaining to official acts transaction or
decision as well as to government research. Data use as basis for policy development shall be
accorded the citizen subject to such limitation as maybe provided by law.
Section 4, 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 person the government for redress of grievances.
Section 3, any evidence obtained in violation of this or the preceding section shall be admissible in any
purpose in any proceeding

II.

In a political rally along Emerald Avenue, Ortigas, Ariana took up the stage
and began shouting "Huwag tayong bumoto sa magnanakaw! Huwag bumoto sa mga
korap na politiko! Kapag sila ang mananalo, manggugulo kami! Manggugulo ang
sambayanang Pilipino!” ("Let us not vote for thieves! Let us not vote for corrupt
officials! If they win, we will create chaos! The Filipino people will create chaos!”)
On the stage, there is an image of some officials who are allegedly involved in
corruption. Ariana took a piece of stone and pretended to hurl it at the images.
Several people took a video of Ariana and posted it online. The video went viral and
most online users agreed with Ariana and commented, “Oo nga! Magiging magulo
talaga kapag magnanakaw ang mananalo!” (“Yes, it will be chaotic if a thief won!”)
While in the rally, police officers who were monitoring the situation
approached Ariana and arrested her. She was prosecuted for seditious speech and
was convicted. On appeal, Ariana argued that she was merely exercising her freedom
of speech and freedom of expression guaranteed by the Bill of Rights. Is the
conviction of Ariana correct? Discuss. (5%)
- Arania has the correct conviction. This is the example of press freedom that Ariana practiced. As the
Bill of Rights of Article III of the 1987 constitution says that it is her right to voice out her thoughts
about the government. No one shall be arrested when you are practicing freedom of speech, as a
citizen of this country we have the right to express what we feel to the government, a government
should be the one to help us not the one who will arrest us.

III.

The Secretary of Transportation and Communications has warned radio

station operators against selling blocked time on the claim that the said block time
is used to attack the present administration. Assume that the Department implements
this and issues a warning to the owners and operators of radio stations not to sell
blocked time to interested parties without prior clearance from the Department of
Transportation and Communications.
You are a media practitioner and your station is banned from selling block
time to interested parties unless it is with prior consent of the Department of
Transportation and Communications. Is the ban on the sale of the said block time
proper? Explain your answer. (5%)
- The said block time was actually proper. First, the Department of transportation and communication
didn’t give a clearance to the said issue. The radio station must abide the rules on how they will
operate their company. A radio station has actually their rights to inform people because their goal is
to disseminate information based on what is happening now, but selling a block time to attack an
administration illegally is definitely wrong. A radio company must follow a due process that is
approved by Congress and NTC.

IV.

Dongman is the owner of FFMW Broadcasting Corporation. Knowing that

the franchise of FFMW is about to expire, he wanted to renew it for another 25 years.
One day, Dongman went to the NTC where his documents were assessed. It was
found out that everything is in order and because of this, the NTC issued FFMW
Broadcasting Corporation a provisional permit to operate. Given that he was already
issued a permit to operate, Dongman continued to operate the broadcasting
corporation and opted not to seek for the renewal of the franchise with Congress
anymore because it will take more time and that according to him the permit to
operate is already sufficient.
a) Is Dongman correct? Why or why not? (5%)- dogman is not correct, any company must have a
franchise before operating.
b) Distinguish the purpose of a legislative franchise issued by Congress and
a permit issued by the NTC. (5%)- A legislative franchise must comes first before anything else and it
should be the basis of the Congress and NTC if that one radio company must operate its station or
not.

V.

Speech restraints take the form of either a content-neutral regulation or a

content-based restraint. Distinguish these two (2) concepts from one another. (10%)
Content-Nuetral regulation refers to laws that apply to all expression without regards to the
substance of message of the expression.
Content-based restraints limits speech based on its subject matter.
VI.

The City Council of Danbam City issued Ordinance No. IV which states that
written permit shall be required for any person or persons to organize and hold a
public assembly in a public place. The ordinance likewise states that the person or
persons intending to organize a public assembly should specify the place, time, route
as well as the date of the said assembly subject to the approval or denial of the Office
of the City Mayor of Danbam. Jun, leader of Bayan Laban sa Korupsyon (BLK)
filed a case in court to question the constitutionality of the said ordinance on the
ground that this is a violation of their freedom of expression, freedom of speech and
freedom to assemble.
a) In the situation given above, the challenged ordinance takes form of what
kind of restraint to speech? Explain. (5%) Content-based restraints as a form of speech restraints that
a a government is asking the details of their program.
b) Is the said ordinance valid? Why or why not? (5%) No, the city council doesn’t have a right to
question their organization about their assembly subject, since it is their right express their thoughts
and freedom to assemble. As long as they are not violating laws then for me its fine.

VII.

Nationwide protests were erupting all over Metro Manila because of the rise
in hospital bills and the blatant corruption committed by the Secretary of Health.
Pamantasan ng Las Islas Filipinas (PLF), a public university, adopted a university-
wide circular prohibiting public mass demonstrations and rallies within the campus
to maintain the peace inside the campus.
Carlo, a student leader and activists, was offended by this circular and urged
his fellow student leaders and PLF students to wear black as a form of protest against
the University’s policy. One day, his fellow students entered the campus wearing
black. The university officials were outraged and they compelled the student leaders
to explain why they should not be expelled for violating the circular against
demonstrations.
During the committee hearing, the university administrators contend that it is
a form of protest since these students walked together inside the campus while
wearing black T-shirts which disturbed the peace in the campus. On the other hand,
the students contended that they should not be expelled since they did not violate the
circular since all they did was wear black T-shirts. Decide the case. (5%)
The students were actually practice their right to express their freedom, however upon entering the
the University they signed the terms and condition and they must follow this. In their case that were
offended by their University policy they should follow the rules of the campus at the same time
expressing the rights. If wearing black is against their University Law then I guess they violated the
campus rules.

VIII.

What are the three (3) strands of the right to privacy according to the Supreme
Court in the case of Vivares? Explain each. (10%)
According to Supreme court in the case of Vivares, the 3 strands on the right to privacy Location is
situation privacy, informational privacy and decisions privacy

IX.

What are the four (4) aspects of Freedom of the Press? Explain each. (10%)
1. Freedom from prior retrain.
2. Freedom from punishment subsequent to publication
3. Freedom of access to information
4. Freedom of circulation

X.

Anna, a student leader and an activist, has consistently been warned by the
school administration that she should “slow down” from criticizing the school
administration and focus on her studies. One day, Anna’s parents called her and
informed her that there were two people who identified themselves as teachers from
Anna’s University who came by their house and asked about her whereabouts. On
another day, Anna’s friends were likewise interrogated by some people who
identified themselves to be connected to Anna’s University. According to Anna’s
parents and her friends, these persons informed them of Anna’s activism in the
University and informed them that she should rather focus her efforts to academics
because she is failing almost all her subjects. Likewise, they interrogated them on
Anna’s groups and affiliations.
Aggrieved, Anna filed a petition for the issuance of the Writ of Habeas Data
in the Regional Trial Court against the school administration on the ground that her
right to privacy in life, liberty or security is violated or threatened by the data
gathering against her. Based on the cases we have discussed in class, is Anna’s right
to privacy violated? Explain. (5%) Anna’s right to privacy was violated, when a teacher came to their
house asking her whereabouts. YES Anna is against her school administration but is her right to be saf

XI.

In the case of Chavez v. Gonzales, the Supreme Court declared that “all speech
are not treated the same.” Do you agree with this statement? Expound on this and
cite specific examples. (10%)

XII.

The Philippine press was known as one of the freest in Asia. However, during
the declaration of Martial Law in the Philippines in 1972, the press and the media
was among the first major victims. The press suffered blanket censorship. After the
lifting of the Martial Law, a new Constitution was ratified. Presently, the Bill of
Rights under the 1987 Constitution guaranteed to protect the rights of the press.
a) What are the major impacts that Martial Law did to the freedom of the
press? (5%)

5
b) In light of recent events, how will you ensure that our freedom of
expression, freedom of speech and of the press is protected and upheld?
(5%)

– Nothing follows –

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