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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES.
Quezon City
SEVENTEENTH CONGRESS
First Regular Session

5430

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Referring to any matter that is presently under judicial consideration, sub judice rule
embodies the struggle between the competing interests of free press on the one hand and the
independence of the judiciary on the other. This indicates that any question related to the
facts and issues invoived in a case being heard or tried before a court is deemed sub judice.
‘This is aimed at protecting the independence and integrity of judicial proceedings from too
much exposure to public attention, harassment, opinion and biased information which the
media are able to provide’.

In the Philippines, to prohibit the press and other media from reporting, commenting on, or
publishing events surrounding a trial, courts invoke the sub judice rule. This rule has
endeared itself as a reasonable restriction on the constitutional guarantees of free press and of
the people's right to petition and information on matters of public concern.

The sub judice rule in the United States also used to be seen as a reasonable restriction on the
freedom of the press. However, at present, most of their Supreme Court decisions regard this
rule as an unconstitutional impairment of press freedom.

This trend only shows that freedom of speech is still given much importance, and that
constitutional guarantees of free press and right to information, in spite of everything, is
substantially looked upon.

Recognizing that discussion of public affairs in a free society such as ours cannot depend on
the preliminary grace of judicial censors, this bill provides for the elimination of the sub
judice rule.

In view of the foregoing, the immediate approval of this bill is earnestly sought.

.

G. . FLEJANO

" Data retrieved at http://www. sunstar.com.phidavao/carrillo-media-and-sub-iudice-rule on 28 January 2009


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bint No, 5430

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO_

AN ACT
PROHIBITING COURT ORDERS, WRITS AND INJUNCTIONS WHICH PREVENT
MEDIA REPORTS AND COMMENTARIES ON, OR PUBLICATION OF,
PROCEEDINGS SUB JUDICE, EXCEPT UNDER CERTAIN CIRCUMSTANCES

Be in enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Judicial Right to Know

SEC. 2. Declaration of Policy. - Conformably with the constitutional guarantees of
free press and of the people's right to petition and to information on matters of public
concern, it is hereby declared a national policy that no court order, writ, or injunction shall
issue that would have the effect of enjoining the press and other media from publishing
information in connection with a criminal, civil, or administrative case of widespread concern

to the community.

SEC. 3. Gag Orders Generally Unlawful; Exception. - Court orders, writs or
injunctions which prohibit media reports and commentaries on, or publication of, proceedings
held in public or on events that transpire in the courtroom shall be invalid.

In cases where the report, commentary, or publication is based on information gained
from other sources, a gag order may lawfully issue only upon prior showing by the party who
seeks its issuance that the report, commentary, or publication will likely prevent, directly and
irreparably, a fair and impartial resolution of the case, This requires a clear showing that the


Beevaunaune

report, commentary, or publication will prejudice the outcome of the proceedings of the case
and that no less restrictive alternatives are available

Notwithstanding, such a showing, a gag order, writ or injunction may not issue unless
it is also shown that a previous report, commentary, or publication will not render the order,

writ, or injunction inefficacious.

SEC. 4. Separability Clause. - \f any provision of this Act shall at any time be found
to be unconstitutional or invalid, the remainder thereof not affected by such declaration shall
remain in full force and effect.

SEC. 5. Repeating Clause. - All laws, decrees, rules or regulations inconsistent with
the provisions of this Act are hereby repealed or modified accordingly

SEC. 6. Effectivity Clause. - This Act shall take effect after fifteen (15) days
following its complete publication in the Official Gazette or in two (2) newspapers of general

circulation.

Approved,