RAVILAS, ANGELO NICO Z.

2019-2-00324
ASSIGNMENT NO 7. MIDTERM: ARTICLE 3- THE BILL OF
RIGHTS: EXPRESSION AND ASSEMBLY, RELIGION, ABODE,
INFORMATION, ASSOCIATION, COMPENSATION, CONTRACT,
AND ACCESS TO COURTS AND COUNSEL

MIDTERM: ARTICLE 3- THE BILL OF RIGHTS: EXPRESSION AND

ASSEMBLY, RELIGION, ABODE, INFORMATION, ASSOCIATION,
COMPENSATION, CONTRACT, AND ACCESS TO COURTS AND
COUNSEL
ASSIGNMENT #7 (MARCH 5)

1. What coverage and prohibition are there in the exercise of

freedom of expression and assembly?

According to the 1987 Constitution the constitutional guarantee

of freedom of expression includes the specific guarantees of
free speech and free press, the rights of assembly and petition,
the right to form associations or societies not contrary to law,
and the right to religious freedom. “Speech” and “Expression”
covers any form of oral utterance such as protests as
expression of opinion about subjects of public concern. The
“Press” Covers every sort of publication.

2. Explain the valid intervention of government on freedom of

expression in Soriano vs. Laguardia case.

In this case the network UNTV37 aired an episode of Ang

Dating Daan that made an obscene remarks against INC. The
said broadcast considered Soriano‘s statement can be treated
as obscene and religious disrespect using words and
statements that is not suitable for some viewers in television.
The Government intervention uses power of the MTRCB as a
government agency to issue an order of suspension to prevent
this kind of free speech abuse.

The Movie and Television Review and Classification Board

is a Philippine government agency under the Office of the
President of the Philippines that is responsible for the
classification and review of television programs, motion pictures
and home videos.
RAVILAS, ANGELO NICO Z. 2019-2-00324
ASSIGNMENT NO 7. MIDTERM: ARTICLE 3- THE BILL OF
RIGHTS: EXPRESSION AND ASSEMBLY, RELIGION, ABODE,
INFORMATION, ASSOCIATION, COMPENSATION, CONTRACT,
AND ACCESS TO COURTS AND COUNSEL

The issuance of a preventive suspension comes well within the

scope of the MTRCB's authority and functions expressly set
forth in PD 1986, more particularly under its Sec. 3(d), as
quoted above, which empowers the MTRCB to "supervise,
regulate, and grant, deny or cancel, permits... for the x x x
exhibition, and/or television broadcast of all motion pictures,
television programs and publicity materials, to the end that no
such pictures, programs and materials as are determined by the
BOARD to be objectionable in accordance with paragraph (c)
hereof shall be... x x x exhibited and/or broadcast by television."

3. What makes a speech not protected by freedom of expression?

Explain.

According to Article 3 Section 4 (Bill of Rights) Freedom of

expression is not absolute and it has limitations.

a. Subject to regulation by the state – The right to freedom of

speech and of the press is not entirely absolute under all
circumstances. It is always subject to regulations by the state in
order in which that it may not be injurious to the right of the
community or society; and that this power may be exercised
under the police power of the state to promote and protect the
public welfare.

b. Subject one to liability when abused – Anyone who

slanders or libels another may be penalized. “Lewd and
obscene” speech is not entitled to constitutional protection nor
are “fighting words”, words that by each utterance injure and
provoke others to attack. Seditious speeches are also outside
the protection of the constitution.

4. How is freedom of expression used in aid of legislation in

Senate v. Ermita case?

In this case it stated that “ The congress power of inquiry is

expressly recognized in Section 21 of Article VI of the
RAVILAS, ANGELO NICO Z. 2019-2-00324
ASSIGNMENT NO 7. MIDTERM: ARTICLE 3- THE BILL OF
RIGHTS: EXPRESSION AND ASSEMBLY, RELIGION, ABODE,
INFORMATION, ASSOCIATION, COMPENSATION, CONTRACT,
AND ACCESS TO COURTS AND COUNSEL

Constitution which reads: Section 21 “The senate or the house

of representatives or any of its respective committees may
conduct inquires in aid of legislation in accordance with its duly
published rules of procedure. The rights of persons appearing in
or affected by such inquiries shall be respected.” Congress
undoubtedly has a right to information from the executive
branch withholds such information on the ground that it is
privileged, it must so assert it and state the reason therefor and
why it must be respected.”

5. Mr. X expressed his views against the opinion of his employer

on how they are managed, saying: "I do not like that you will
treat us like machines, to do everything that you want any time
you like. We are also human beings like you who know what is
good or bad." The employer fired Mr. X because of it. Is the
employer correct? Why?

The employer is not correct in this case, Mr. X was just stating
his answer opinion his statement, he only justified his
experiences in his employer’s hands, Mr. X also didn’t used
words with malice and threats, He did just expressed his
emotions though his opinions to give grounds for the employer’s
erroneous trait, this just shows the exercising of freedom of
speech and expression

6. Is freedom of religion absolute? How did the Supreme Court

elucidate the freedom of religion in Ebralinag vs. Division
Superintendent case?

The case stated how the court ruled its decision with regards to
the Ebarlinag vs. Division Superintendent case stated “while the
highest regard must be afforded their right to the free exercise
of their religion, "this should not be taken to mean that school
authorities are powerless to discipline them" if they should
commit breaches of the peace by actions that offend the
sensibilities, both religious and patriotic, of other persons. If they
quietly stand at attention during the flag ceremony while their
RAVILAS, ANGELO NICO Z. 2019-2-00324
ASSIGNMENT NO 7. MIDTERM: ARTICLE 3- THE BILL OF
RIGHTS: EXPRESSION AND ASSEMBLY, RELIGION, ABODE,
INFORMATION, ASSOCIATION, COMPENSATION, CONTRACT,
AND ACCESS TO COURTS AND COUNSEL

classmates and teachers salute the flag, sing the national

anthem and recite the patriotic pledge, we do not see how such
conduct may possibly disturb the peace, or pose "a grave and
present danger of a serious evil to public safety, public morals,
public health or any other legitimate public interest that the State
has a right (and duty) to prevent (German vs. Barangan, 135
SCRA 514, 517).”

7. Discuss the liberty of abode and of travel in Bavierra vs. Zoleta

case.

“The right to travel and to freedom of movement is a

fundamental right guaranteed by the 1987 Constitution and the
Universal Declaration of Human Rights to which the Philippines
is a signatory. The right extends to all residents regardless of
nationality. And "everyone has the right to an effective remedy
by the competent national tribunals for acts violating the
fundamental rights granted him by the Constitution or by law.

8. What are the exceptions in asserting the right to information,

and the right to informational privacy in Vivares et.al. vs. St.
Theresa's College et. al. case (G.R. No. 202666; 2015).

According to this case “It is well to note that not one of

petitioners disputed Escudero’s sworn account that her
students, who are the minors’ Facebook "friends," showed her
the photos using their own Facebook accounts. This only goes
to show that no special means to be able to view the allegedly
private posts were ever resorted to by Escudero’s students, and
that it is reasonable to assume, therefore, that the photos were,
in reality, viewable either by (1) their Facebook friends, or (2) by
the public at large. Considering that the default setting for
Facebook posts is "Public," it can be surmised that the
photographs in question were viewable to everyone on
Facebook, absent any proof that petitioners’ children positively
limited the disclosure of the photograph. If such were the case,
they cannot invoke the protection attached to the right to
RAVILAS, ANGELO NICO Z. 2019-2-00324
ASSIGNMENT NO 7. MIDTERM: ARTICLE 3- THE BILL OF
RIGHTS: EXPRESSION AND ASSEMBLY, RELIGION, ABODE,
INFORMATION, ASSOCIATION, COMPENSATION, CONTRACT,
AND ACCESS TO COURTS AND COUNSEL

informational privacy. The ensuing pronouncement in US v.

Gines-Perez is most instructive: [A] person who places a
photograph on the Internet precisely intends to forsake and
renounce all privacy rights to such imagery, particularly under
circumstances such as here, where the Defendant did not
employ protective measures or devices that would have
controlled access to the Web page or the photograph itself.”

9. Explain the right to form an association in the light of Knitjoy vs.

Calleja case.

“The right to form a union or association or to self-organization

comprehends two (2) broad notions, to wit: (a) the liberty or
freedom, i.e., the absence of restraint which guarantees that the
employee may act for himself without being prevented by law,
and (b) the power, by virtue of which an employee may, as he
pleases, join or refrain from joining an association.”

10. When will the police power of the State be not an impairment
of contract?

“The right to form a union or association or to self-organization

comprehends two (2) broad notions, to wit: (a) the liberty or
freedom, i.e., the absence of restraint which guarantees that the
employee may act for himself without prevented by law, and (b)
the power, by virtue of which an employee may, as he pleases,
join or refrain from joining an association.”