Eastern Broadcasting v Dans, Jr.

137 SCRA 628

July 19, 1985
Courts/Quasi-tribunal Guidelines
Facts:
A radio station called DYRE was owned by Eastern Broadcasting. It was summarily
closed on the grounds of national security for allegedly inciting sedition. Petitioner then filed to
compel the respondents, among them was Hon. Jose Dans, Jr., who is the Minister of
Transportation Communciations, to reopen their radio station. The petitioners argue that they
were denied due process since no hearing was held nor was there any evidence to prove the
allegations to establish the factual basis for the closure of the station. Neither was there any
action taken by the respondents to entertain a motion seeking the reconsideration of the closure
action. Petitioner also raised the issue of freedom of speech. Based on the records, the charge of
inciting sedition resulted from the petitioners shift towards its coverage of public events and the
airing of programs geared towards public affairs. However, on March 25, 1985, Rene Espina,
president of EBC, filed a motion to withdraw. He said that the EBC has already sold the station
to Manuel Pastrana and that both the new and old owners are not interested in pursuing the case.
Held: The case became moot and academic. The SC instead issued certain guidelines for similar
circumstances.
1. The seven requisites of administrative proceedings in Ang Tibay v. CIR should be
followed before a broadcast station is closed or its operations curtailed.
a. Right to a hearing, which includes the right to present ones case and submit evidence in
support thereof;
b. Tribunal must consider the evidence presented;
c. Decision must have something to support itself;
d. Evidence must be substantial. Substantial evidence means such reasonable evidence as a
reasonable mind might accept as adequate to support a conclusion;
e. Decision must be based on the evidence presented at the hearing, or at least contained in
the record and disclosed to the parties affected;
f. Tribunal or body or any of its judges must act on its or his own independent consideration
of the law and facts of the controversy and not simply accept the views of a subordinate;
g. Board or body should, in all controversial questions, render its decision in such a manner
that the parties to the proceeding can know the various issues involved, and the reasons
for the decision rendered.

2. Due process must always be followed.

3. Media is entitled to the broad protection of freedom of speech and expression clause. The
test for limitations on freedom of expression is the clear and present danger rule that
words are used in such circumstances and are of such nature as to create a clear and
present danger that they will bring about the substantive evils that the lawmaker has a
right to prevent.
4. Broadcasting has to be licensed. The freedom of television and radio broadcasting is
somewhat lesser in scope than print media. This is because (1) broadcast media is more
pervasive, and (2) easily accessible to children. Because of its pervasiveness, the impact
of inflammatory or offensive speech on people would be difficult to monitor or predict.
Prepared by: Katrina S. Diploma

5. There has to be a balance between the governments right to be protected against

broadcasts which incite listeners to overthrow it, and the peoples right to be informed.
6. The freedom to comment on public affairs is essential to the vitality of a representative
democracy.
7. Broadcast stations deserve the special protection given to all forms of media by the due
process and freedom of expression clauses of the Constitution.

Prepared by: Katrina S. Diploma