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Chavez Vs. Gonzales [DISSENTING OPINION, NACHURA, J.]

Francisco Chavez, Petitioner, versus RAUL M. GONZALES, in his capacity as the Secretary of the Department of Justice; and NATIONAL TELECOMMUNICATIONS COMMISSION (NTC), Respondents.

G.R. No. 168338 | 2008-02-18

DISSENTING OPINION


NACHURA, J.:

I respectfully register my dissent to the majority opinion penned by the esteemed Chief Justice. The assailed press releases and statements do not constitute a prior restraint on free speech. It was not improper for the NTC to warn the broadcast media that the airing of taped materials, if subsequently shown to be false, would be a violation of law and of the terms of their certificate of authority, and could lead, after appropriate investigation, to the cancellation or revocation of their license.

The Facts

This case arose from events that transpired a year after the 2004 national and local elections, a...