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    Soriano v. Laguardia, G.R. No. 164785, April 29, 2009 Facts

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    red gyn
    The MTRCB has the implied and necessary power to suspend a television program or host according to Philippine law. Soriano, a host of "Ang Dating Daan", made derogatory remarks about another minister that violated the MTRCB's rules against indecent content. As a result, the MTRCB suspended Soriano's program for 20 days and then 3 months after investigation. The MTRCB has explicit powers under Philippine law to regulate television programs and issue implementing rules. It also has implied powers necessary to effectively carry out its mandate, including the ability to suspend programs or hosts that violate broadcasting standards.

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    Soriano v. Laguardia, G.R. No. 164785, April 29, 2009 Facts

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    red gyn
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    The MTRCB has the implied and necessary power to suspend a television program or host according to Philippine law. Soriano, a host of "Ang Dating Daan", made derogatory remarks about another minister that violated the MTRCB's rules against indecent content. As a result, the MTRCB suspended Soriano's program for 20 days and then 3 months after investigation. The MTRCB has explicit powers under Philippine law to regulate television programs and issue implementing rules. It also has implied powers necessary to effectively carry out its mandate, including the ability to suspend programs or hosts that violate broadcasting standards.

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    The MTRCB has the implied and necessary power to suspend a television program or host according to Philippine law. Soriano, a host of "Ang Dating Daan", made derogatory remarks about another minister that violated the MTRCB's rules against indecent content. As a result, the MTRCB suspended Soriano's program for 20 days and then 3 months after investigation. The MTRCB has explicit powers under Philippine law to regulate television programs and issue implementing rules. It also has implied powers necessary to effectively carry out its mandate, including the ability to suspend programs or hosts that violate broadcasting standards.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    15 views2 pages

    Soriano v. Laguardia, G.R. No. 164785, April 29, 2009 Facts

    Uploaded by

    red gyn
    The MTRCB has the implied and necessary power to suspend a television program or host according to Philippine law. Soriano, a host of "Ang Dating Daan", made derogatory remarks about another minister that violated the MTRCB's rules against indecent content. As a result, the MTRCB suspended Soriano's program for 20 days and then 3 months after investigation. The MTRCB has explicit powers under Philippine law to regulate television programs and issue implementing rules. It also has implied powers necessary to effectively carry out its mandate, including the ability to suspend programs or hosts that violate broadcasting standards.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Soriano v. Laguardia, G.R. No.

    164785, April 29, 2009

    FACTS:

    1. In the evening of 10 Aug 2004, petitioner Eliseo Soriano, a host of the program Ang Dating
    Daan, aired on UNTV 37, made the following remarks directed towards private respondent
    Michael Sandoval, a minister of the Iglesia ni Cristo and a host of the program Ang Tamang
    Daan:
    Lehitimong anak ng demonyo; sinungaling. Gago ka talaga Michael, masahol ka pa sa putang
    babae o di ba. Yung putang babae ang gumagana lang doon yung ibaba, [dito] kay Michael ang
    gumagana ang itaas, o di ba! O, masahol pa sa putang babae yan. Sabi ng lola ko masahol pa sa
    putang babae yan. Sobra ang kasinungalingan ng mga demonyong ito.

    2. Two days after, the respondents, before the MTRCB lodged complaints against Soriano. The
    MTRCB sent Soriano a notice of the hearing. After the hearing, the MTRCB issued an order
    preventively suspending the showing of Dating Daan program for 20 days. This suspension is in
    accordance with Sec 3(d) of PD 1986, the law creating the MTRCB and in relation to its IRR
    (Implementing Rules and Regulations. The MTRCB also ordered to set the case for preliminary
    investigation.
    3. In the Adm. Case No. 01-40, the MTRCB issued a decision finding the petitioner liable for his
    utterance and imposing upon him 3 months suspension from his program “Ang Dating Daan.”

    ISSUE:

    Whether or not MTRCB has the power, granted by law, to suspend a program or a host.

    HELD:

    Yes, MTRCB has the implied and necessary power to suspend a program or a host.

    To begin with, Section 3(d) of PD 1986 explicitly gives the MTRCB the power to supervise and regulate
    the television broadcast of all television programs. Under Section 3(e) the MTRCB is authorized under
    section 3(a) “to promulgate such rules and regulations as are necessary or proper for the
    implementation of [PD 1986].” Finally, under Section 3(k), the MTRCB is warranted “to exercise such
    powers and functions as may be necessary or incidental to the attainment of the purposes and
    objectives of [PD 1986]”

    Clearly, the law intends to give the MTRCB all the muscle to carry out and enforce the law effectively. In
    consonance with this legislative intent, the law uphold the implied and necessary power of the MTRCB
    to order the suspension of a program or a host thereof in case of violation of PD 1968 and rules and
    regulations that implement it.

    MTRCB is expressly empowered by statute to regulate and supervise television programs to obviate the
    exhibition or broadcast of, among others, indecent or immoral materials and to impose sanctions for
    violations and corollarily, to prevent further violations as it investigates.
    The power to issue a preventive suspension order by the MTRC is a necessary exercise of its power of
    regulation and supervision. And such power is not only applicable to motion pictures and publicly
    materials but also includes TV programs.

    Therefore, in case of violation of PD 1968 and its implementing rules and regulations, it is within the
    authority of the MTRCB to impose the administrative penalty of suspension to the erring broadcaster. A
    contrary stance will emasculate the MTRCB and render illusory its supervisory and regulatory powers,
    make meaningless the public trustee character of broadcasting and afford no remedy to the infringed
    fundamental rights of viewers.

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