Philippines: Supreme court rules that government warnings constituted prior restraint

The decision by the High Tribunal also said that “the Court should not be misinterpreted as devaluing violations of law. By all means, violations of law should be vigorously prosecuted by the State for they breed their own evil consequence.”

The SC however said that “the need to prevent their violation cannot per se trump the exercise of free speech and free press, a preferred right whose breach can lead to greater evils.”

“For this failure of the respondents alone to offer proof to satisfy the clear and present danger test, the Court has no option but to uphold the exercise of free speech and free press. There is no showing that the feared violation of the anti-wiretappping law clearly endangers the security of the state,” the decision stated.

The decision also closely examined the law on freedom of speech, of expression and of the press, as well as content-neutral and content-based regulations.

Chief presidential legal counsel Sergio Apostol downplayed the landmark resolution and said that the decision by the Supreme Court, also known as the court of last resort, was not yet final.

The full text of the decision, along with the concurring and dissenting opinions of the justices, can be accessed at the Supreme Court website. (http://www.supremecourt.gov.ph/jurisprudence/2008/feb2008/168338_index.htm).

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