The  Sub Judice  Rule Emerson S. Bañez
Code
Computer Code
Legal Code
 
 
Sub Judice – under judgment
Sub Judice – under judgment; under/before a judge or court; under judicial consideration
[R]estricts comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the cou...
A violation of the  sub judice  rule may render one liable for indirect contempt under Sec. 3(d), Rule 71 of the Rules of ...
IF legal matter/controversy
under jurisdiction of the court
NO COMMENT
NO PUBLICATION
 
 
the  sub judice  rule is not sufficiently certain to allow them to always know in a particular set of circumstances whethe...
Functional
What is it for?
Why is this function here?
CONTEMPT SUB JUDICE
2 Functions
First: “[T]o be shielded against the influence of newspaper comments…” In Re: Jurado  243 SCRA 299, 337-338 (1995)
Administration of Justice
Due Process
Second: “[T]o vindicate the courts from any act or conduct calculated to bring them into disfavor or to destroy public con...
Honor, Dignity
Administration of Justice (?)
Separation of Powers
No Army
No Power of the Purse
Honor, Dignity
“ proceed to the disposition of its business in an orderly manner, free from outside interference obstructive of its funct...
Security Feature
Process Protection
Boundary Protection
Elements
Publication
Relating to Present Proceedings
Tendency to influence
Tendency to bring disrepute (?)
Issues
Anti-Pattern
Negative Solution
Worked, but…
Example: Y2K
Copied
Juries
 
Ordinary, Untrained
 
 
But that doesn’t apply to us
 
Lower Courts
Facts, Evidence
Not Appellate Courts
Cases in the SC are necessarily public in character
Old Code
Before Constitutional Principles
Free Speech
Petition
Incompatible (?)
Old Judge-Made Rule Procedural in Character
Or a guarantee of substantive rights in the fundamental law
Easy
Restriction Speech
Unmanageable
 
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The Sub Judice Rule by Atty. Emerson Banez

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Presentation made by Atty. Emerson Banez during iBlog Mini last December 14, 2010 at UP College of Law Bocobo Hall UP Diliman Quezon City

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The Sub Judice Rule by Atty. Emerson Banez

  1. 1. The Sub Judice Rule Emerson S. Bañez
  2. 2. Code
  3. 3. Computer Code
  4. 4. Legal Code
  5. 7. Sub Judice – under judgment
  6. 8. Sub Judice – under judgment; under/before a judge or court; under judicial consideration
  7. 9. [R]estricts comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice. Romero v. Estrada G.R. No. 174105, April 2, 2009
  8. 10. A violation of the sub judice rule may render one liable for indirect contempt under Sec. 3(d), Rule 71 of the Rules of Romero v. Estrada G.R. No. 174105, April 2, 2009
  9. 11. IF legal matter/controversy
  10. 12. under jurisdiction of the court
  11. 13. NO COMMENT
  12. 14. NO PUBLICATION
  13. 17. the sub judice rule is not sufficiently certain to allow them to always know in a particular set of circumstances whether it might be breached. Australian Law Reform Commission Reference on Contempt of Court, Tribunals and Commissions, Research Paper No 4 - Prejudicial Publicity and the Courts, at 69.
  14. 18. Functional
  15. 19. What is it for?
  16. 20. Why is this function here?
  17. 21. CONTEMPT SUB JUDICE
  18. 22. 2 Functions
  19. 23. First: “[T]o be shielded against the influence of newspaper comments…” In Re: Jurado 243 SCRA 299, 337-338 (1995)
  20. 24. Administration of Justice
  21. 25. Due Process
  22. 26. Second: “[T]o vindicate the courts from any act or conduct calculated to bring them into disfavor or to destroy public confidence in them” In Re: Jurado 243 SCRA 299, 337-338 (1995)
  23. 27. Honor, Dignity
  24. 28. Administration of Justice (?)
  25. 29. Separation of Powers
  26. 30. No Army
  27. 31. No Power of the Purse
  28. 32. Honor, Dignity
  29. 33. “ proceed to the disposition of its business in an orderly manner, free from outside interference obstructive of its functions and tending to embarrass the administration of justice.” Nestle Philippines v. Sanchez 154 SCRA 542 (1987)
  30. 34. Security Feature
  31. 35. Process Protection
  32. 36. Boundary Protection
  33. 37. Elements
  34. 38. Publication
  35. 39. Relating to Present Proceedings
  36. 40. Tendency to influence
  37. 41. Tendency to bring disrepute (?)
  38. 42. Issues
  39. 43. Anti-Pattern
  40. 44. Negative Solution
  41. 45. Worked, but…
  42. 46. Example: Y2K
  43. 47. Copied
  44. 48. Juries
  45. 50. Ordinary, Untrained
  46. 53. But that doesn’t apply to us
  47. 55. Lower Courts
  48. 56. Facts, Evidence
  49. 57. Not Appellate Courts
  50. 58. Cases in the SC are necessarily public in character
  51. 59. Old Code
  52. 60. Before Constitutional Principles
  53. 61. Free Speech
  54. 62. Petition
  55. 63. Incompatible (?)
  56. 64. Old Judge-Made Rule Procedural in Character
  57. 65. Or a guarantee of substantive rights in the fundamental law
  58. 66. Easy
  59. 67. Restriction Speech
  60. 68. Unmanageable

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