MTRCB v ABS-CBN

Facts:

An episode of “The Inside Story” entitled “Prosti-tuition,” produced by Loren Legarda was aired by ABS-CBN depicting female students moonlighting as prostitutes to enable them to pay for their tuition fees. Philippine Women’s University (PWU) was named as the school of some of the students involved. MTRCB alleged that the episode besmirched the name of the PWU and respondents did not submit “The Inside Story” to MTRCB for review and exhibited the same without its permission, violating Sec. 7 of PD 1986, Sec. 3, Chapter III and Sec. 7, Chapter IV of MTRCB Rules and Regulations.

MTRCB declared that all subsequent programs of the “The Inside Story” and all other programs of the ABS-CBN Ch. 2 of the same category shall be submitted to the Board of Review and Approval before showing. On appeal, RTC ruled that Sections 3 (c) (d), 4, 7 and 11 of P. D. No. 1986 and Sections 3, 7 and 28 (a) of the MTRCB Rules and Regulations are unconstitutional for violating the freedom of expression and of the press guaranteed by the Constitution

Issue:

Whether or not there is compliance with the legal requisites for judicial inquiry so as to proceed with the issue on constitutionality.

Held:

No. There is no need to resolve whether certain provisions of PD 1986 and MTRCB Rules and Regulations contravene the Constitution. No question involving the constitutionality or validity of a law or governmental act may be heard and decided by the court unless there is compliance with the legal requisites for judicial inquiry: 1) proper party 2)actual case or controversy 3) question raised at the earliest possible opportunity and 4) that the decision on the constitutional or legal question must be necessary to the determination of the case itself. The fourth requisite is wanting. MTRCB did not disapprove or ban the showing of the program nor did it cancel respondents’ permit. The latter was merely penalized for their failure to submit the program to MTRCB for its review and approval. Therefore, the issue of constitutionality is not necessary to the determination of the case itself.