Facts: A petition was filed to reopen the Radio Station DYRE. DYRE was “summarily closed” on grounds of national security. The radio station was allegedly used to incite people to sedition. Petitioner, DYRE contends that they were denied due process. There was no hearing to establish factual evidence for the closure. Furthermore, the closure of the radio station violates freedom of expression. Before the court could even promulgate a decision upon the Issue raised, Petitioner, through its president Mr. Rene Espina, filed a motion to withdraw the petition. The rights of the station were sold to a new owner, Manuel Pastrana; who is no longer interested in pursuing the case. Despite the case becoming moot and academic, (because there are no longer interested parties, thus the dismissal of the case) the Supreme Court still finds that there is need to pass a “RESOLUTION” for the guidance of inferior courts and administrative tribunals in matters as this case.
Issues:
(1) Whether or not due process was exercised in the case of DYRE.
(2) Whether or not the closure of DYRE is a violation of the Constitutional Right of Freedom of Expression.
Held: The court finds that the closure of the Radio Station in 1980 as null and void. The absence of a hearing is a violation of Constitutional Rights. The primary requirements in administrative proceedings are laid down in the case of Ang Tibay v. Court of Industrial Relation (69 Phil.635). The Ang Tibay Doctrine should be followed before any broadcast station may be closed. The Ang Tibay Doctrine provides the following requirements:
(1) The right to hearing, includes the right to present one’s case and submit evidence presented.
(2) The tribunal must consider the evidence presented
(3) The decision must have something to support itself.
(4) Evidence must be substantial (reasonable evidence that is adequate to support conclusion)
(5) Decision must be based on the evidence presented at hearing
(6) The tribunal body must act on its own independent consideration of law and facts and not simply accept subordinate’s views
(7) Court must render decision in such a manner that the proceeding can know the various issued involved and reasons for decisions rendered.
The court stresses that while there is no controlling and precise definition of Due Process, it gives an unavoidable standard that government actions must conform in order that deprivation of life, liberty and property is valid.
The closure of the radio station is like wise a violation of the constitutional right of freedom of speech and expression. The court stresses that all forms of media, whether print or broadcast are entitled to this constitutional right. Although the government still has the right to be protected against broadcasts which incite the listeners to violently overthrow it. The test for the limitation of freedom of expression is the “clear and present danger” rule. If in the circumstances that the media is used in such nature as to create this danger that will bring in such evils, then the law has the right to prevent it. However, Radio and television may not be used to organize a rebellion or signal a start of widespread uprising. The freedom to comment on public affairs is essential to the vitality of a representative democracy. The people continues to have the right to be informed on public affairs and broadcast media continues to have the pervasive influence to the people being the most accessible form of media. Therefore, broadcast stations deserve the the special protection given to all forms of media by the due process and freedom of expression clauses of the Constitution.
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