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IGLESIA NI CRISTO (INC.), petitioner, vs . THE HONORABLE COURT OF as the parties tried to reach an amicable accord. Their efforts failed and the
APPEALS, BOARD OF REVIEW FOR MOTION PICTURES AND records show that after submission of memoranda, the trial court rendered a
TELEVISION and HONORABLE HENRIETTA S. MENDEZ, respondents . Judgment, ordering respondent Board to grant petitioner Iglesia ni Cristo the
necessary permit for all the series of Ang Iglesia ni Cristo program. Petitioner
1. Iglesia ni Cristo has a television program. The program presents and Iglesia ni Cristo, however, is directed to refrain from offending and attacking
propagates its religious beliefs, doctrines and practices often times in other existing religions in showing Ang Iglesia ni Cristo program.
comparative studies with other religions.Sometime in 1992, petitioner submitted Petitioners Motion for Reconsideration to RTC
to the respondent Board of Review for Motion Pictures and Television the VTR
tapes of its TV program which the Board classified as X or not for public viewing Petitioner prayed (a) for the deletion of the second paragraph of the dispositive
on the ground that they offend and constitute an attack against other religions portion of the Decision:
which is expressly prohibited by law.
Petitioner Iglesia ni Cristo, however, is directed to refrain from offending
and attacking other existing religions in showing Ang Iglesia ni Cristo program.
and (b) for the Board to be perpetually enjoined from requiring petitioner to submit for
Petitioner to Office of the President: review the tapes of its program.
Petitioner appealed to the Office of the President the classification of its TV 4. Respondent The respondent Board opposed the motion. The trial court
Series. It succeeded in its appeal. Office of the President reversed the decision of the granted petitioners Motion for Reconsideration.
respondent Board.
Petitioner to RTC Respondent Board appeal to Court of Appeals
Petitioner also filed against the respondent Board Civil Case with the RTC. CA reversed the trial court. It ruled that:
Petitioner alleged that the respondent Board acted without jurisdiction or with grave
abuse of discretion in requiring petitioner to submit the VTR tapes of its TV program (1) the respondent board has jurisdiction and power to review the TV
and in x-rating them. program Ang Iglesia ni Cristo, and
Respondent to RTC (2) the respondent Board did not act with grave abuse of discretion when it
denied permit for the exhibition on TV of the three series of Ang Iglesia ni Cristo on
The Board invoked its power under P.D. No. 1986 in relation to Article 201 of the the ground that the materials constitute an attack against another religion. It also
Revised Penal Code. found the series indecent, contrary to law and contrary to good customs.
2. On January 4, 1993, the trial court held a hearing on petitioners prayer for a Issues before the SC:
writ of preliminary injunction. The parties orally argued and then marked their
documentary evidence. After evaluating the evidence of the parties, the trial I. WHETHER OR NOT THE HONORABLE COURT OF APPEALS
court issued a writ of preliminary injunction on petitioners bond of P10,000.00. ERRED IN HOLDING THAT ANG IGLESIA NI CRISTO PROGRAM IS
NOT CONSTITUTIONALLY PROTECTED AS A FORM OF RELIGIOUS
EXERCISE AND EXPRESSION.
3. The trial court set the pre-trial of the case and the parties submitted their pre-
trial briefs. The pre-trial briefs show that the parties evidence is
basically the evidence they submitted in the hearing of the issue of II. WHETHER OR NOT THE HONORABLE COURT OF APPEALS
preliminary injunction. The trial of the case was set and reset several times ERRED IN NOT HOLDING THAT BEING AN EXERCISE OF
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RELIGIOUS FREEDOM, THE ANG IGLESIA NI CRISTO PROGRAM IS and/or television broadcast of x x x television programs x x x. The law also directs
SUBJECT TO THE POLICE POWER OF THE STATE ONLY IN THE the Board to apply contemporary Filipino cultural values as standard to determine
EXTREME CASE THAT IT POSES A CLEAR AND PRESENT those which are objectionable for being immoral, indecent, contrary to law and/or
DANGER. good customs, injurious to the prestige of the Republic of the Philippines and its
people, or with a dangerous tendency to encourage the commission of violence or of
a wrong or crime.
III. WHETHER OR NOT THE HONORABLE COURT OF APPEALS
ERRED IN HOLDING THAT THE MTRCB IS VESTED WITH THE Contention # 1 by INC to SC:
POWER TO CENSOR RELIGIOUS PROGRAMS.
The term television program should not include religious programs like its
program Ang Iglesia ni Cristo. It will contravene Section 5, Article III of the
Constitution which guarantees that no law shall be made respecting an establishment
IV. WHETHER OR NOT THE HONORABLE COURT OF APPEALS of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment
ERRED IN HOLDING THAT THE ANG IGLESIA NI CRISTO, A PURELY of religious profession and worship, without discrimination or preference, shall forever
RELIGIOUS PROGRAM IS INDECENT AND CONTRARY TO LAW be allowed.
AND GOOD CUSTOMS.
SC to Contention # 1
The basic issues can be reduced into two:
Freedom of religion is designed to protect the broadest possible liberty of
(1) Whether the respondent Board has the power to review petitioners TV
conscience, to allow each man to believe as his conscience directs, to
program Ang Iglesia ni Cristo
profess his beliefs and to live as he believes he ought to live, consistent with
the liberty of others and with the common good .We reject petitioners
YES, respondent Board has the power to review petitioners TV submission which need not set us adrift in a constitutional voyage towards an
program. uncharted sea. Freedom of religion has been accorded a preferred status by the
framers of our fundamental laws, past and present. We have affirmed this preferred
status well aware that it is designed to protect the broadest possible liberty of
(2) Assuming it has the power, whether it gravely abused its discretion when it conscience, to allow each man to believe as his conscience directs, to profess his
prohibited the airing of petitioners religious program, series Nos. 115, 119 beliefs, and to live as he believes he ought to live, consistent with the liberty of others
and 121, for the reason that they constitute an attack against other religions and with the common good. We have also laboriously defined in our jurisprudence
and that they are indecent, contrary to law and good customs. the intersecting umbras and penumbras of the right to religious profession and
worship.

YES, respondent Board gravely abuse its discretion when it To quote the summation of Mr. Justice Isagani Cruz, our well-known constitutionalist
prohibited the airing of petitioners religious program.
Ruling: Religious Profession and Worship

Answer to Issue 1: P.D. 1986 gives the Board the power to screen, review The right to religious profession and worship has a two-fold aspect, viz .,
and examine all television programs .The law gives the Board the power to freedom to believe and freedom to act on ones beliefs. The first is absolute
screen, review and examine all television programs. By the clear terms of the law, as long as the belief is confined within the realm of thought. The second is
the Board has the power to approve, delete x x x and/or prohibit the x x x exhibition
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subject to regulation where the belief is translated into external acts that
affect the public welfare.
Contention # 2 by INC to SC
(1) Freedom to Believe CA gravely erred when it affirmed the ruling of the respondent Board x-rating
its TV Program Series. The records show that the respondent Board disallowed the
The individual is free to believe (or disbelieve) as he pleases concerning the program series for attacking other religions. The respondent appellate court agreed
hereafter. He may indulge his own theories about life and death; worship any god he and even held that the said attacks are indecent, contrary to law and good customs.
chooses, or none at all; embrace or reject any religion; acknowledge the divinity of
SC to Contention #2
God or of any being that appeals to his reverence; recognize or deny the immortality
of his soul in fact, cherish any religious conviction as he and he alone sees fit. We reverse the ruling of the appellate court.
However absurd his beliefs may be to others, even if they be hostile and heretical to
the majority, he has full freedom to believe as he pleases. He may not be required to First. Any act that restrains speech is hobbled by the presumption of
prove his beliefs. He may not be punished for his inability to do so. Religion, after all, invalidity and should be greeted with furrowed brows .Deeply ensconced in
is a matter of faith. Men may believe what they cannot prove. Everyone has a right to our fundamental law is its hostility against all prior restraints on speech, including
his beliefs and he may not be called to account because he cannot prove what he religious speech. Hence, any act that restrains speech is hobbled by the presumption
believes. of invalidity and should be greeted with furrowed brows. It is the burden of the
respondent Board to overthrow this presumption. If it fails to discharge this burden, its
(2) Freedom to Act on Ones Beliefs act of censorship will be struck down. It failed in the case at bar.

But where the individual externalizes his beliefs in acts or omissions that Second. Ruling of respondent court clearly suppresses petitioners freedom
affect the public, his freedom to do so becomes subject to the authority of of speech and interferes with its right to free exercise of religion .The
the State. As great as this liberty may be, religious freedom, like all the other rights evidence shows that the respondent Board x-rated petitioners TV series for
guaranteed in the Constitution, can be enjoyed only with a proper regard for the rights attacking other religions, especially the Catholic church. An examination of the
of others. It is error to think that the mere invocation of religious freedom will evidence, especially Exhibits A, A-1, B, C, and D will show that the so-called
stalemate the State and render it impotent in protecting the general welfare . attacks are mere criticisms of some of the deeply held dogmas and tenets of other
The inherent police power can be exercised to prevent religious practices inimical to religions. The videotapes were not viewed by the respondent court as they were not
society. And this is true even if such practices are pursued out of sincere religious presented as evidence. Yet they were considered by the respondent court as
conviction and not merely for the purpose of evading the reasonable requirements or indecent, contrary to law and good customs, hence, can be prohibited from public
prohibitions of the law. viewing under Section 3(c) of PD 1986. This ruling clearly suppresses petitioners
freedom of speech and interferes with its right to free exercise of religion.
The exercise of religious freedom can be regulated by the State when it The respondent Board may disagree with the criticisms of other religions by
will bring about the clear and present danger of some substantial evil which petitioner but that gives it no excuse to interdict such criticisms, however,
the State is duty bound to prevent -- We thus reject petitioners postulate that its unclean they may be. Under our constitutional scheme, it is not the task of the
religious program is per se beyond review by the respondent Board. Its public State to favor any religion by protecting it against an attack by another
broadcast on TV of its religious program brings it out of the bosom of internal religion. Religious dogmas and beliefs are often at war and to preserve peace
belief. Television is a medium that reaches even the eyes and ears of children. The among their followers, especially the fanatics, the establishment clause of
Court iterates the rule that the exercise of religious freedom can be regulated by the freedom of religion prohibits the State from leaning towards any religion. Vis-a-
State when it will bring about the clear and present danger of some substantive evil vis religious differences, the State enjoys no banquet of options. Neutrality alone
which the State is duty bound to prevent, i.e., serious detriment to the more overriding is its fixed and immovable stance. In fine, respondent board cannot squelch the
interest of public health, public morals, or public welfare.
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speech of petitioner Iglesia ni Cristo simply because it attacks other religions, censorship, to wit: immoral, indecent, contrary to law and/or good customs, injurious
even if said religion happens to be the most numerous church in our country. In a to the prestige of the Republic of the Philippines or its people or with dangerous
State where there ought to be no difference between the appearance and the tendency to encourage the commission of violence, or of a wrong as determined by
reality of freedom of religion, the remedy against bad theology is better the Board, applying contemporary Filipino cultural values as standard. As stated, the
theology. The bedrock of freedom of religion is freedom of thought and it is best intention of the Board to subject the INCs television program to previewing and
served by encouraging the marketplace of dueling ideas. When the luxury of censorship is prompted by the fact that its religious program makes mention of beliefs
time permits, the marketplace of ideas demands that speech should be met by and practices of other religion. On the face of the law itself, there can conceivably be
more speech for it is the spark of opposite speech, the heat of colliding ideas no basis for censorship of said program by the Board as much as the alleged reason
that can fan the embers of truth. cited by the Board does not appear to be within the contemplation of the standards of
censorship set by law. (Italics supplied)
Third. The ground attack against another religion was merely added
by the respondent Board in its Rules The respondents cannot also rely on the
Fourth. In x-rating the TV program of the petitioner, the respondents failed to
ground attacks against another religion in x-rating the religious program of
apply the clear and present danger rule. In American Bible Society v. City of Manila,
petitioner. Even a side glance at Section 3 of PD 1986 will reveal that it is not among [22]
this Court held: The constitutional guaranty of free exercise and enjoyment of
the grounds to justify an order prohibiting the broadcast of petitioners television
religious profession and worship carries with it the right to disseminate religious
program. The ground attack against another religion was merely added by the
information. Any restraint of such right can be justified like other restraints on freedom
respondent Board in its Rules. This rule is void for it runs smack against the hoary
of expression on the ground that there is a clear and present danger of any
doctrine that administrative rules and regulations cannot expand the letter and spirit
substantive evil which the State has the right to prevent.
of the law they seek to enforce.
Prior restraint on speech, including religious speech, cannot be justified
It is opined that the respondent board can still utilize attack against any religion
by hypothetical fears but only by the showing of a substantive and imminent
as a ground allegedly x x x because Section 3 (c) of PD 1986 prohibits the showing of
evil which has taken the life of a reality already on ground. The records
motion pictures, television programs and publicity materials which are contrary to law
show that the decision of the respondent Board, affirmed by the respondent appellate
and Article 201 (2) (b) (3) of the Revised Penal Code punishes anyone who exhibits
court, is completely bereft of findings of facts to justify the conclusion that the
shows which offend any race or religion. We respectfully disagree for it is plain that
subject video tapes constitute impermissible attacks against another religion. There is
the word attack is not synonymous with the word offend. Moreover, Article 201 (2) (b)
no showing whatsoever of the type of harm the tapes will bring about especially the
(3) of the Revised Penal Code should be invoked to justify the subsequent
gravity and imminence of the threatened harm. Prior restraint on speech,
punishment of a show which offends any religion. It cannot be utilized to justify prior
including religious speech, cannot be justified by hypothetical fears but only
censorship of speech. It must be emphasized that E.O. 876, the law prior to PD
by the showing of a substantive and imminent evil which has taken the life of
1986, included attack against any religion as a ground for censorship. The ground
a reality already on ground.
was not, however, carried over by PD 1986. Its deletion is a decree to disuse it. There
can be no other intent. Indeed, even the Executive Department espouses this
view. Thus, in an Opinion dated November 28, 1985 then Minister of Justice, now
President of the Senate, Neptali Gonzales explained: IN VIEW WHEREOF, the Decision of the respondent Court of Appeals dated
March 24, 1995 is affirmed insofar as it sustained the jurisdiction of the respondent
xxx MTRCB to review petitioners TV program entitled Ang Iglesia ni Cristo, and is
reversed and set aside insofar as it sustained the action of the respondent MTRCB x-
rating petitioners TV Program Series Nos. 115, 119, and 121. No costs.
However, the question whether the BRMPT (now MTRCB) may preview and censor
the subject television program of INC should be viewed in the light of the provision of SO ORDERED.
Section 3, paragraph (c) of PD 1986, which is substantially the same as the provision
of Section 3, paragraph (c) of E.O. No. 876-A, which prescribes the standards of
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