Ayer Productions Pty. Ltd.

Vs Capulong
G.R. NO. L-82380; 29 APR 1988
(Constitutional Law Right to Free Speech, Public Figure)
FACTS: Respondent Sen. Enrile files a case against private petitioners for the
production and filming of the projected motion picture The Four Day
Revolution, which relates to the non-bloody change of government that took
place at EDSA, for its unlawful intrusion upon the formers right to privacy.
Petitioners contends that the freedom to produce and film includes in the
freedom of speech and expression; and the subject matter of the motion
picture is one of public interest and concern and not on the individual private
life of respondent senator.
ISSUE: WON the projected motion picture is guaranteed under the right to
free speech.
HELD: Yes. The EDSA revolution where private respondent is a major
character is one of public interest. Private respondent is a public figure due
to his participation in the culmination of the change of government. The right
of privacy of the a public figure is necessarily narrower than that of an
ordinary citizen.

Ebralinag, et al vs. Div. Supt. of Schools of Cebu

G.R. No. 95770, March 1, 1993
G.R. No. 95770, March 1, 1993
Facts:
In 1989, DECS Regional Office in Cebu received complaints about teachers
and pupils belonging to the Jehovahs Witness, and enrolled in various public
and private schools, which refused to sing the Phil. National Anthem, salute
the flag and recite the patriotic pledge.
Division Superintendent of schools, Susana B. Cabahug of the Cebu Division
of DECS and her Assistant issued Division Memorandum No. 108, dated Nov.
17, 1989, directing District Supervisors, High School Principals and Heads of
Private Educational institutions to remove from service, after due process,
teachers and school employees, and to deprive the students and pupils from
the benefit of public education, if they do not participate in daily flag
ceremony and doesnt obey flag salute rule.

Members of the Jehovahs Witness sect find such memorandum to be

contrary to their religious belief and choose not to obey. Despite a number of
appropriate persuasions made by the Cebu officials to let them obey the
directives, still they opted to follow their conviction to their belief. As a
result, an order was issued by the district supervisor of Daan Bantayan
District of Cebu, dated July 24, 1990, ordering the dropping from the list in
the school register of all Jehovahs Witness teachers and pupils from Grade 1
to Grade 6 who opted to follow their belief which is against the Flag Salute
Law, however, given a chance to be re-accepted if they change their mind.
Some Jehovahs Witness members appealed to the Secretary of Education
but the latter did not answer to their letter.
On Oct. 31, 1990, students and their parents filed special civil actions for
Mandamus, Certiorari and prohibition, alleging that the respondents acted
without or in excess of their jurisdiction and with grave abuse of discretion in
ordering their expulsion without prior notice and hearing, hence, in violation
of their right to due process, their right to free public education and their
right to freedom of speech, religion and worship. Petitioners prayed for the
voiding of the order of expulsion or dropping from the rolls issued by the
District Supervisor; prohibiting and enjoining respondent from barring them
from classes; and compelling the respondent and all persons acting for him
to admit and order their(Petitioners) re-admission I their respective schools.
On November 27, 1990, Court issued a TRO and writ of preliminary
mandatory injunction, commanding the respondents to immediately re-admit
the petitioners to their respective classes until further orders.
On May 31, the Solicitor General filed a consolidated comment to the
petitions defending the expulsion orders issued by the respondents.
Petitioners stressed that while they do not take part in the compulsory flag
ceremony, they do not engage in external acts or behavior that would
offend their countrymen who believe in expressing their love of country
through observance of the flag ceremony. They quietly stand at attention
during the flag ceremony to show their respect for the right of those who
choose to participate in the solemn proceedings. Since they do not engage in
disruptive
behavior, there
is
no
warrant
for
their
expulsion.
Issue:
Whether or not the expulsion of the members of Jehovahs Witness from the
schools violates right receive free education.

Held:
The expulsion of the members of Jehovahs Witness from the schools where
they are enrolled will violate their right as Philippine citizens, under the 1987
Constitution, to receive free education, for it is the duty of the state to
protect and promote the right of all citizens to quality education, and to
make such education accessible to all (Sec. I, Art XIV). Nevertheless, their
right not to participate in the Flag Ceremony does not give them a right to
disrupt such patriotic exercises. If they quietly stand at attention during flag
ceremony while their classmates and teachers salute the flag, sing the
national anthem and recite the patriotic pledge, we do not see how such
conduct may possibly disturb the peace, or pose a grave and present danger
of a serious evil to public safety, public morals, public health or any
legitimate public interest that the state has a right and duty to prevent.
It is appropriate to recall the Japanese occupation of our country in 19421944 when every Filipino, regardless of religious persuasion, in fear of the
invader, saluted the Japanese flag and bowed before every Japanese soldier,
perhaps if petitioners had lived through that dark period of our history, they
would not quibble now about saluting the Phil. Flag.
The petitions for certiorari and prohibition are granted and expulsion orders
are hereby annulled and set aside.