FIFTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
s.NO. 409 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
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 oh the other. This indicates that any question related to the facts and issues 
involved 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 bias of information which the media are able to 
provide. l 
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 ofthe 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. 
1 Data retrieved at http://wwwsunstarcom.ph/davao/canllo~medla-and-sub~judice-rule on 28 January 2009. 
1 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.NO. 409 
j ,\. 
, ,J 
Introduced by Senator Antouio "Sonny" F. Trillanes IV 
AN ACT 
PROHffiITlNG COURT ORDERS, WRITS AND INJUNCTIONS WHICH PREVENT 
MEDIA 
REPORTS 
AND 
COMMENTARIES 
ON, 
OR 
PUBLICATION 
OF, 
PROCEEDINGS SUB JUDICE, EXCEPT UNDER CERTAIN CIRCUUMSTANCES 
Be in enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Judicial Right to Know 
2 
Act" 
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4 
SEC. 2. Declaration of Policy. - Conformably with the constitutional guarantees of free 
5 
press and of the people's right to petition and to information on matters of public concern, it is 
6 
hereby declared a national policy that no court order, writ, or injunction shall issue that would 
7 
have the effect of enjoining the press and other media from publishing information in connection 
8 
with a criminal, civil, or administrative case of widespread concern to the community. 
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10 
SEC. 3. Gag Orders Generally Unlawful; Exception. - Court orders, writs or injunctions 
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which prohibit media reports and commentaries on, or publication of, proceedings held in public 
12 
or on events that transpire in the courtroom shall be invalid. 
13 
In cases where the report, commentary, or publication is based on information gained 
14 
from other sources, a gag order may lawfully issue only upon prior showing by the party who 
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1 
seeks its issuance that the report, commentary, or publication will likely prevent, directly and 
2 
irreparably, a fair and impartial resolution of the case. This requires a clear showing that the 
3 
report, commentary, or publication will prejudice the outcome of the proceedings of the case and 
4 
that no less restrictive alternatives are available. 
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6 
Notwithstanding such a showing, a gag order, writ or injunction may not issue unless it is 
7 
also shown that a previous report, commentary, or publication will not render the order, writ, or 
8 
injunction inefficacious. 
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10 
SEC. 4. Separability Clause. - If any provision of this Act shall at any time be found to 
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be unconstitutional or invalid, the remainder thereof not affected by such declaration shall 
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remain in full force and effect. 
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SEC. 5. Repealing Clause. - All laws, decrees, rules or regnlations inconsistent with the 
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provisions of this Act are hereby repealed or modified accordingly. 
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SEC. 6. Effectivity Clause. - This Act shall take effect after fifteen (15) days following 
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its complete publication in two (2) newspapers of general circulation. 
Approved, 
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