The document discusses constitutional issues related to mass media and advertising in the Philippines. It covers topics like the constitution, inherent state powers, and individual rights. Key points include: - The constitution defines the territory, people, sovereignty, and government of the Philippines. It balances state power and individual rights. - State powers include police power to regulate for welfare without compensation, and eminent domain to take private property for public use with just compensation. - Ownership and management of mass media is limited to Filipino citizens and corporations to ensure Filipinization of ideas. Advertising ownership can be 70% Filipino. - Speech is generally protected, but commercial speech and libel/obscenity can

1. CHAPTER 1: CONSTITUTIONAL ISSUES
Constitution
- A supreme law of the land where all other laws must
conform
- It is a municipal law that is only bound to its land
- covers the following topics
 Power of the State
 Right of Individuals
 Defines what the state is:
 Territory
 People bound by
 Sovereignty
 Government
- it finds a balance between Power of the State and Right of
Individuals
Inherent Power of the State
1. Police Power – power to regulate with no
compensation for general welfare, health or safety
2. Eminent Domain – power to take away private
property for public use upon payment of just
compensation
3. Taxation – it is the “lifeblood” of the government
* Just Compensation can be based on:
 Assessed value
 Zonal Value
 Fair Market Value (FMV)
ARTICLE XVI: General Provisions
The ownership and management of mass media shall be
limited to citizens of the Philippines, or to corporations,
cooperatives, or associations, wholly-owned and managed
by such citizens. (page 1)
MAIN IDEA: The Legal Environment of Mass Media
 Mass Media and Advertising is Different
a. Mass Media is limited to TVC, PRINT, and
RADIO
 Plays a critical role in nation-building
 Ownership and management is 100%
Filipino
 It is a gate keeper of what is
communicated to the masses. Not all
information should pass through
those gates.
The allegiance and loyalty to country is the primary
reason for Filipinization Policies.
Mass media plays a critical role in nation building
since it is a source of news, information, ideas, and
ideals.
Filipinization of ideas projected through mass media is
ensured when left in the hands of Filipino.
SEC 11 – The congress shall regulate or prohibit monopolies
in commercial mass media when public interest so requires.
No Combination in restrain of trade or unfair competition
therein shall be allowed. (page 2)
 No single company has controlling interest in two
traditional forms of tri-media comprising of TVC,
PRINT, and RADIO.
Ex. ABS-CBN owns television and radio
but has no direct interest in print such as
a newspaper company
There is a conscious effort to maintain competition
The sense of balance in the market place
can only be achieved under a regime of
healthy and fair competition.
SEC 11 – The advertising industry is impressed with public
interest, and shall be regulated by the law for the protection
of consumers and the promotion of general welfare.
 Advertising is a property in the form of speech
that uses mass media to communicate a product /
advocacy / idea for the intent to sell and persuade
a target audience
 Advertising is a form of speech this it
is PROTECTED (Commercial Speech)
 Advertising has the intent to sell
rather than to express thus it is
regulated. (Police Power)
Advertising may be regulated through POLICE POWER
or EMINENT DOMAIN.
SEC 11 – Only Filipino citizen or corporations or associations
at least seventy per centum (70%) of capital of which is
owned by such citizen shall be allowed to engage in
advertising industry. (page 2)
 Advertising is less restrictive in terms of
ownership.
Ownership: 70/30 profit sharing
70% - Filipino
30% - Foreigners
To protect their interest, foreigners are allowed
ownership over companies created to sell their
product (limited ownership)
 Created opportunities to transfer technology
from foreign shores to this country where
innovation on advertising are introduced.
SEC 11 – The participation of foreign investors in the
governing body of entities in such industry shall be limited to
their proportionate share in capital thereof, and shall all the
executive and managing officers of such entities must be
citizens of the Philippines. (page 2)
 With respect to management, foreigners are
prohibited from taking an executive or
managing officer position
a. Mass Media Management = 100% Filipino
b. Advertising Management = 100% Filipino

2. Executive and managing positions are placed entirely
in the hands of Filipinos to assure that content and
appeal of the advertisement is strictly Filipino.
Standards have to be measured according to the
national or Filipino psyche.
ARTICLE III – Bill of Rights (Sec. 1 and 9)
Sec 1 – No person shall be deprived of life, liberty, or
property without due process nor shall any person be denied
equal protection of the law. (page 6)
 Talks about POLICE POWER
The State can exercise police power (to
regulated, with no just compensation)
BUT due process must be given
CASE: Churchill and Trait vs. Rafferty (BIR)
STORY: Churchill placed a billboard that covers the view of
nature and compels attention because of its location.
Churchill's billboard is placed in his private party. The
government characterized it as offensive to the sight
ISSUE: Whether the billboard may be removed without just
compensation to the owners
RULING: The billboard was removed without just
compensation through police power although it is a private
property the government's main concern is the general
welfare of the people and the billboard was a distraction
and obstructive.
Equal Protection
General Rule: Equal to everyone
Exemptions:
a. More protection over the less fortunate
b. Retail Trade is only for Filipinos
c. Law only applies to one (1) class
Ex. Only Filipinos can own land 60%
must be Filipino
Sec 9 – Private property shall not be taken for public use
without just compensation (page 6)
 Talks about EMINENT DOMAIN
 The state has the power to exercise
eminent domain (take away with
compensation)
 Right to take away/ expropriate is
only valid if:
i. For public use
ii. There is just compensation
CASE: People vs. Fajardo
STORY: Fajardo old house was destroyed due to a typhoon.
He owns this parcel of land and on the process of
requesting a permit he was denied because the building
will destroy the view of the public plaza. He still preceded
with the building of his house in his parcel of land. The
governments wants the house destroyed because of the
ordinance.
ISSUE: Whether the ordinance is valid.
RULING: The ordinance is deemed invalid due to the
reason that Fajardo's land is useless because of the
ordinance passed. He cannot use his private property
therefor the government is exercising the power of
eminent domain and should be given just compensation.
ARTICLE III – Freedom of Speech (Sec. 4)
Sec 4 – No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of the
people to peacefully assemble and petition the government
for redress of grievances. (page 10)
 Speech is an encompassing term that includes
every possible form of expression (Verbal and
Non Verbal)
- Freedom of speech cannot be unfretted.
Though it is subject to regulations (usually
through police power)
- The moment you express through actions,
you are responsible.
 Two Types of Speech
1. Protected
a. Core Speech
 Non Commercial
 General Rule: it cannot be
interfered with
 Underlying motive is to
EXPRESS
b. Commercial Speech
 General Rule: it can be
regulated
 Underlying motive is for
PROFIT
2. Unprotected
a. Libel
- it must be
 Public
 Malicious
 Imputation of (can be real
or imaginary)
i. Crime
ii. Vice
iii. Defect
 Any act of
i. Omission
ii. Condition
iii. Status
iv. Circumstances
 Causes the following
i. Dishonor
ii. Discredit
iii. Contempt
 Blacken the memory of one
who is dead
 THE PERSON SHOULD BE
IDENTIFIABLE
Anything online is public (even
private messages)
Only the person who has been
caused damaged to can sue.

3. b. Obscenity
 It looks at an average
person and apply
contemporary standards in
order to judge if the object
in question is obscene
 Work taken as a while
lacks serious literary
artistic, political, or
scientific value.
National Press Club vs. Comelec
- It is not allowed to give free of charge print space
or air time for candidates. All candidates should
depend on comelec for air time. If candidate is a
contributor, columnist, commentator or
announcer on board he/she should take a leave of
absence during candidacy period.
Telecommunications & Broadcast Attorneys of the
Phils Inc. vs. Comelec
Laws Concerned:
1. Comelec time for radio and TV shall be given
to the government without just compensation
so that they may allocate equally and
impartially among the candidates within the
area of coverage.
2. Comelec space for print
(newspaper/magazines) shall be given to the
government with just compensation. Said
space is allocated free of charge equally and
impartially to the candidates.
*Radio and TV broadcasting companies, which are
given franchises, do not own the airwaves and
frequencies.
They only transmit broadcast and images and
therefore, it is a public party; police power can be
exercised, unlike Print, which is a private property
and power of eminent domain should be
exercised.
Political Advertisement - may take the form of
spots, guestings, in TV shows and radio programs,
love or taped announcements, teasers, and other
forms of advertising messages or announcements
used by commercial advertisers.
"Election period commences 90 days before the
day of election date and 30 days thereafter.
Campaign period is variable but within the 90
days before the election date"
"Candidates are only considered candidates
during the start of campaign period"
CASE: Adiong vs. Comelec
STORY: Adiong challenge the comelec resolution that it is
not allowed to use campaign decals and stickers on mobile
units
ISSUE: Where the prohibition as applying to private motor
vehicles is a valid regulation
RULING: Adiong was granted to the right to distribute
campaign decals and stickers. For her mobile units is a
private property and prohibiting it is a depriving them
with free speech. People who agree to put the stickers in
their mobile units is merely is an expression or a
statement.
CASE: Mutuc vs. Comelec
STORY: Comelec issued a ruling that the use of a taped
jingle on mobile units equipped with sound systems and
loud speakers for campaign purposes is not allowed
ISSUE: Whether the prohibition amen e use of a taped
jingle is valid?
RULING: Mutuc was granted the right to express his views
as a political candidate because it is hard to repeat his
views over and over again in different places that is why it
is only appropriate to record it in a jingle or something.
Prohibitions of Speech
General Rule: State cannot exercise Prior Restraint or
Subsequent Punishment
1. Prior Restraint
 Has not yet been expressed
 Before publication/ dissemination
Exemptions
a. During war
b. During rebellion
c. Classified Censorship (MTCRB)
 This can be reviewed by a higher
body.
2. Subsequent Punishment
 Allowed to do/show but there is
immediate punishment after.
Exemptions
a. Dangerous Tendency Rule (a tendency)
 If speech is expressed = possible
evil
b. Clear and Present Danger
 If speech is expressed = sure evil
 Use proximity and degree test
c. Balancing of Interests
 Individual freedom vs public interest
CASE: Soriano vs Laguardia