Republic of the Philippines SUPREME COURT Manila EN BANC
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Republic of the Philippines Nos. 116, 119, 121 and 128. The Board classified the There are some inconsistencies in SUPREME COURT series as "X" or not for public viewing on the ground the particular program as it is very Manila that they "offend and constitute an attack against surprising for this program to show other religions which is expressly prohibited by law." series of Catholic ceremonies and EN BANC also some religious sects and using Petitioner pursued two (2) courses of action against it in their discussion about the the respondent Board. On November 28, 1992, it bible. There are remarks which are appealed to the Office of the President the direct criticism which affect other G.R. No. 119673 July 26, 1996 classification of its TV Series No. 128. It succeeded religions. in its appeal for on December 18, 1992, the Office of IGLESIA NI CRISTO, (INC.), petitioner, the President reversed the decision of the respondent Need more opinions for this vs. Board. Forthwith, the Board allowed Series No. 128 particular program. Please subject THE HONORABLE COURT OF APPEALS, to be publicly telecast. to more opinions. BOARD OF REVIEW FOR MOVING PICTURES AND TELEVISION and On December 14, 1992, petitioner also filed against (2) Exhibit "A-1," respondent HONORABLE HENRIETTA S. the respondent Board Civil Case No. Q-92-14280, Board's Voting Slip for Television MENDOZA, respondents. with the RTC, NCR Quezon City. 1 Petitioner alleged showing its September 11, 1992 that the respondent Board acted without jurisdiction subsequent action on petitioner's 3 or with grave abuse of discretion in requiring Series No. 115 as follows: petitioner to submit the VTR tapes of its TV program PUNO, J.:p and in x-rating them. It cited its TV Program Series REMARKS: Nos. 115, 119, 121 and 128. In their Answer, This is a petition for review of the Decision dated respondent Board invoked its power under PD No. This program is criticizing different March 24, 1995 of the respondent Court of Appeals 1986 in relation to Article 201 of the Revised Penal religions, based on their own affirming the action of the respondent Board of Code. interpretation of the Bible. Review for Moving Pictures and Television which x- rated the TV Program "Ang Iglesia ni Cristo." On January 4, 1993, the trial court held a hearing on We suggest that the program should petitioner's prayer for a writ of preliminary delve on explaining their own faith Petitioner Iglesia ni Cristo, a duly organized religious injunction. The parties orally argued and then marked and beliefs and avoid attacks on organization, has a television program entitled "Ang their documentary evidence. Petitioner submitted the other faith. Iglesia ni Cristo" aired on Channel 2 every Saturday following as its exhibits, viz.: and on Channel 13 every Sunday. The program (3) Exhibit "B," respondent Board's presents and propagates petitioner's religious beliefs, (1) Exhibit "A," respondent Board's Voting Slip for Television showing doctrines and practices often times in comparative Voting Slip for Television showing its October 9, 1992 action on studies with other religions. its September 9, 1992 action on petitioner's Series No. 119, as petitioner's Series No. 115 as follows: 4 2 Sometime in the months of September, October and follows: November 1992 petitioner submitted to the REMARKS: respondent Board of Review for Moving Pictures and REMARKS: Television the VTR tapes of its TV program Series The Iglesia ni Cristo insists on the The episode presented criticizes the We have viewed literal translation of the bible and religious beliefs of the Catholic and a tape of the says that our (Catholic) veneration Protestant's beliefs. television episode of the Virgin Mary is not to be in question, as condoned because nowhere it is We suggest a second review. well as studied found in the bible that we should do the passages so. (6) Exhibits "E," "E-1," petitioner's found by block time contract with ABS-CBN MTRCB to be This is intolerance and robs off all Broadcasting Corporation dated objectionable and sects of freedom of choice, worship September 1, 1992. 7 we find no and decision. indication that the (7) Exhibit "F," petitioner's Airtime episode poses any (4) Exhibit "C," respondent Board's Contract with Island Broadcasting clear and present Voting Slip for Television showing Corporation. 8 danger sufficient its October 20, 1992 action on to limit the said petitioner's Series No. 121 as (8) Exhibit "G," letter dated constitutional follows: 5 December 18, 1992 of former guarantee. Executive Secretary Edelmiro A. REMARKS: Amante, Sr., addressed for (9) Exhibits "H," "H-1," letter dated Henrietta S. Mendez reversing the November 26, 1992 of Teofilo C. I refuse to approve the telecast of decision of the respondent Board Ramos, Sr., addressed to President this episode for reasons of the which x-rated the showing of Fidel V. Ramos appealing the attacks, they do on, specifically, the petitioner's Series No. 129. The action of the respondent Board x- Catholic religion. letter reads in part: rating petitioner's Series No. 128. I refuse to admit that they can tell, xxx xxx xxx On its part, respondent Board submitted the following dictate any other religion that they exhibits, viz.: are right and the rest are wrong, The television which they clearly present in this episode in (1) Exhibit "1," Permit Certificate episode. question is for Television Exhibition No. protected by the 15181 dated December 18, 1992 (5) Exhibit "D," respondent Board's constitutional allowing the showing of Series No. Voting Slip for Television showing guarantee of free 128 under parental guidance. its November 20, 1992 action on speech and petitioner's Series No. 128 as expression under (2) Exhibit "2," which is Exhibit follows: 6 Article III, "G" of petitioner. section 4 of the REMARKS: 1987 (3) Exhibit "3," letter dated October Constitution. 12, 1992 of Henrietta S. Mendez, addressed to the Christian Era Broadcasting Service which reads show that after submission of memoranda, the trial religions in showing "Ang Iglesia in part: court rendered a Judgment, 10 on December 15, 1993, ni Cristo" program is hereby the dispositive portion of which reads: deleted and set aside. Respondents xxx xxx xxx are further prohibited from xxx xxx xxx requiring petitioner Iglesia ni Cristo In the matter of to submit for review VTR tapes of your television WHEREFORE, judgment is hereby its religious program "Ang Iglesia show "Ang rendered ordering respondent ni Cristo." Iglesia ni Cristo" Board of Review for Moving Series No. 119, Pictures and Television (BRMPT) Respondent Board appealed to the Court of please be to grant petitioner Iglesia ni Cristo Appeals after its motion for reconsideration informed that the the necessary permit for all the was denied. 14 Board was series of "Ang Iglesia ni Cristo" constrained to program. On March 5, 1995, the respondent Court of deny your show a Appeals 15 reversed the trial court. It ruled that: (1) the permit to exhibit. Petitioner Iglesia ni Cristo, respondent board has jurisdiction and power to The material however, is directed to refrain from review the TV program "Ang Iglesia ni Cristo," and involved offending and attacking other (2) the respondent Board did not act with grave abuse constitute an existing religions in showing "Ang of discretion when it denied permit for the exhibition attack against Iglesia ni Cristo" program. on TV of the three series of "Ang Iglesia ni Cristo" on another religion the ground that the materials constitute an attack which is SO ORDERED. against another religion. It also found the series expressly "indecent, contrary to law and contrary to good prohibited by Petitioner moved for reconsideration 11 praying: (a) customs. law. Please be for the deletion of the second paragraph of the guided in the dispositive portion of the Decision, and (b) for the In this petition for review on certiorari under Rule submission of Board to be perpetually enjoined from requiring 45, petitioner raises the following issues: future shows. petitioner to submit for review the tapes of its program. The respondent Board opposed the I After evaluating the evidence of the parties, motion. 12 On March 7, 1993, the trial court granted the trial court issued a writ of preliminary petitioner's Motion for Reconsideration. It ordered: 13 WHETHER OR NOT THE injunction on petitioner's bond o P10,000.00. HONORABLE COURT OF xxx xxx xxx APPEALS ERRED IN HOLDING The trial court set the pre-trial of the case and the THAT THE "ANG IGLESIA NI 9 parties submitted their pre-trial briefs. The pre-trial WHEREFORE, the Motion for CRISTO" PROGRAM IS NOT briefs show that the parties' evidence is basically the Reconsideration is granted. The CONSTITUTIONALLY evidence they submitted in the hearing of the issue of second portion of the Court's Order PROTECTED AS A FORM OF preliminary injunction. The trial of the case was set dated December 15, 1993, directing RELIGIOUS EXERCISE AND and reset several times as the parties tried to reach an petitioner to refrain from offending EXPRESSION. amicable accord. Their efforts failed and the records and attacking other existing II whether it gravely abused its discretion when it judgment of the BOARD applying prohibited the airing of petitioner's religious program, contemporary Filipino cultural WHETHER OR NOT THE series Nos. 115, 119 and 121, for the reason that they values as standard, are HONORABLE COURT OF constitute an attack against other religions and that objectionable for being immoral, APPEALS ERRED IN NOT they are indecent, contrary to law and good customs. indecent, contrary to law and/or HOLDING THAT BEING AN good customs, injurious to the EXERCISE OF RELIGIOUS The first issue can be resolved by examining the prestige of the Republic of the FREEDOM, THE "ANG IGLESIA powers of the Board under PD No.