Soriano vs. MTRCB, et al.
Facts:
On August 10, 2004, at around 10:00 p.m., petitioner, as host of the program Ang Dating Daan,
aired on UNTV 37, made some obscene remarks. Two days after, before the MTRCB, separate
but almost identical affidavit-complaints were lodged by Jessie L. Galapon and seven other
private respondents, all members of the Iglesia ni Cristo (INC),1 against petitioner in connection
with the above broadcast. Respondent Michael M. Sandoval, who felt directly alluded to in
petitioners remark, was then a minister of INC and a regular host of the TV program Ang
Tamang Daan. After a preliminary conference in which petitioner appeared, the MTRCB, by
Order of August 16, 2004, preventively suspended the showing of Ang Dating Daan program for
20 days,
ISSUE:
Whether or not Soriano’s statements during the televised “Ang Dating Daan” part of the
religious discourse and within the protection of Section 5, Art.III?
RULING:
No. The SC ruled that ―Soriano‘s statement can be treated as obscene, at least with respect to
the average child,‖ and thus his utterances cannot be considered as protected speech. The SC also
said ―that the suspension is not a prior restraint, but rather a ―form of permissible
administrative sanction or subsequent punishment
There are few, if any, thoughts that cannot be expressed by the use of less offensive language
Furthermore, it cannot be properly asserted that petitioner’s suspension was an undue curtailment
of his right to free speech either as a prior restraint or as a subsequent punishment. Aside from
the reasons given above, a requirement that indecent language be avoided has its primary effect
on the form, rather than the content, of serious communication.