FOURTEENTE CONGRESS OF TEE 
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REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
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-9 P6 27 
SENATE 
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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 betwen 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 rmd bias& 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 stiII 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 ofjudicial 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. 
Senator 
Data retrieved at 8 
on 28 January 2009 
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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
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SENATE 
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S. No. 395 2 
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Introduced by Senator Antonio “Sonny” F. Trillanes IV 
m ACT 
PROHIBITING COURT ORDERS, WRITS AND INJUNCTIONS WHICH 
PREVENT MEDIA REPORTS AND COMMENTARIES ON, OR PUBLICATION 
OF, 
PROCEEDINGS 
SUB 
JUDICE, 
EXCEPT 
UNDER 
CERTAIN 
CIRCUUMSTAN€ES 
Be in enacted by the Senate and Home of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Judicial Right to Know 
Act. ” 
SEC. 2. Declaratiort of Polky. - 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 
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irreparably, a fair and impartial resolution of the case. This requires a clear showing that the 
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. - If 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. Repeazing CZause. - All laws, decrees, rules or regulations inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
SEC. 6. Eflectivily Clause. - This Act shall take effect after fifteen (15) days following 
its complete publication in two (2) newspapers of general circulation. 
Approved, 
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