SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

_____ Ss
Introduced by Representative Rufus B. Rodriguez and \@
B. Rodriguez, Jr.

_ 4236

EXPLANATORY NOTE

Article III, Section 14 (2) of the 1987 Constitution provides the accused the right to a
"speedy, impartial, and public trial’. This means that anyone interested in observing the
proceedings may do so subject only to certain limitations. The right to a public trial is given to
the accused in order to prevent abuses that may be committed by the court to the prejudice
of the defendant. Also, the accused is entitled to the support of his friends and relatives.

Further, the right to a public trial also means that anyone can attend court
proceedings. However, due to the size of the courtrooms in the Philippines, only a few
people can actually observe the proceedings. This can be remedied by allowing for the live
coverage of the trial. Aside from this, media coverage will also ensure that the parties in the
proceeding are answerable to the public in general and minimize the use of underhanded
tricks or tactics that would prejudice any of the parties.

Also, by allowing full media coverage, the public itself would get first hand information
‘on what is happening or how the trial is proceeding and there would be another form of
documentation on what happened during the trial which may help the appellate courts if ever
the case is appealed.

While it may be true that there are disadvantages to having live media coverage, it is
also true that the benefits definitely outweigh them.

In view foregoing, immediate passage of this bill is immediately requested.

e-
0 B. Va JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 4236

AN ACT
PROVIDING FOR THE LIVE MEDIA COVERAGE OF COURT PROCEEDINGS IN THE
PHILIPPINES:

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

SECTION 1. Short Title - This Act shall be known as the “Sunshine in the Courtroom Act
of 2014."

SEC. 2. Declaration of Policy — It is the policy of the State to ensure that an accused is given
a speedy, public and impartial trial.

SEC. 3, Media Coverage - Notwithstanding any other provision of law, the justices and
judges of the Court of Appeals, Court of Tax Appeals, Sandiganbayan, Regional Trial Court,
Metropolitan Trial Court and Metropolitan Circuit Court may, at the discretion of that judge,
permit the photographing, electronic recording, broadcasting, or televising to the public of
any court proceeding over which that justice or judge presides: Provided tha, the justice or
judge shall not permit the photographing, electronic recording, broadcasting, or televising to
the public of any court proceeding if that justice or judge determines that the action would
constitute violation of the due process rights of any party

SEC. 4, Obscuring of Parties — The court shall order the face and voice of a party or witness
to be disguised or otherwise obscured in such manner as to render the party or witness
unrecognizable to the public or broadcast audience of the trial proceeding if it would threaten
the:

(i) the safety of the individual

(ii) the security of the court;

(iil) the integrity of future or ongoing law enforcement operations; or

(iv) the interest of justice.

SEC. 5. Right of Party to Ask for the Obscuring of His Face and Voice — The parties to a
case or any witness has the right to request that his face, image and voice be obscured.

SEC. 6. Privileged Communication — The photographing, electronic recording, broadcasting,
or televising to the public of any part of the conversations between attorneys and their
clients, between co-counsel of a client, between adverse counsels, or between counsel and
the presiding judge or justice, are strictly prohibited if said conversations are privileged
‘communication

SEC. 7. Implementing Rules — The Supreme Court of the Philippines shall issue such
orders, rules and regulations and other issuances as may be necessary to ensure the
effective implementation of this Act.


SEC, 8. Separability Clause — If for any reason, any part of or provision of this Act is
declared unconstitutional or invalid, such parts not affected thereby shall remain in full force
and effect.

SEC. 9. Repealing Clause - Any law, executive order, letter of instruction, rules and
regulations, circulars, issuances or any part thereof inconsistent with any of the provisions of
this Act is hereby repealed, modified or amended accordingly.

SEC. 10. Effectivity — This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation

Approved,