CA VS VA

Topics: Judge, Criminal law, United States Constitution Pages: 6 (1858 words) Published: September 28, 2013
Re: Petition for Radio and Television Coverage of the Multiple Murder Cases Against Maguindanao Governor Zaldy Ampatuan
Facts:Almost a year after the Maguindanao Massacre, the National Union of Journalists of the Philippines, broadcasting networks, and the relatives of the victims, filed a petition before the Court, praying that live television and radio coverage of the trial in the criminal cases be allowed, and that recording devices (e.g., still cameras, tape recorders) be permitted inside the courtroom. Petitioners seek the lifting of the absolute ban on live television and radio coverage of court proceedings, contending that previous rulings regarding such matter, violate the doctrine that proposed restrictions on constitutional rights are to be narrowly construed and outright prohibition cannot stand when regulation is a viable alternative.

Issue:
WON lifting the absolute ban on live broadcasting of court proceedings in the case would infringe constitutional rights
Held:
Respecting the possible influence of media coverage on the impartiality of trial court judges, the right of an accused to a fair trial is not incompatible to a free press. Pervasive/Influencing publicity is not per se prejudicial to the right of an accused to a fair trial, and that there must be allegation and proof of the impaired capacity of a judge to render a bias-free decision. Mere fear of possible undue influence is not tantamount to actual prejudice resulting in the deprivation of the right to a fair trial. Hence, the court allowed pro hac vice the live broadcasting.

Almost a year after the Maguindanao Massacre, the National Union of Journalists of the Philippines, broadcasting networks, and the relatives of the victims, filed a petition before the Court, praying that live television and radio coverage of the trial in the criminal cases be allowed, and that recording devices (e.g., still cameras, tape recorders) be permitted inside the courtroom. Petitioners seek the lifting of the absolute ban on live television and radio coverage of court proceedings, contending that previous rulings regarding such matter, violate the doctrine that proposed restrictions on constitutional rights are to be narrowly construed and outright prohibition cannot stand when regulation is a viable alternative.

Issue:
WON lifting the absolute ban on live broadcasting of court proceedings in the case would infringe constitutional rights
Held:
Respecting the possible influence of media coverage on the impartiality of trial court judges, the right of an accused to a fair trial is not incompatible to a free press. Pervasive/Influencing publicity is not per se prejudicial to the right of an accused to a fair trial, and that there must be allegation and proof of the impaired capacity of a judge to render a bias-free decision. Mere fear of possible undue influence is not tantamount to actual prejudice resulting in the deprivation of the right to a fair trial. Hence, the court allowed pro hac vice the live broadcasting.

Almost a year after the Maguindanao Massacre, the National Union of Journalists of the Philippines, broadcasting networks, and the relatives of the victims, filed a petition before the Court, praying that live television and radio coverage of the trial in the criminal cases be allowed, and that recording devices (e.g., still cameras, tape recorders) be permitted inside the courtroom. Petitioners seek the lifting of the absolute ban on live television and radio coverage of court proceedings, contending that previous rulings regarding such matter, violate the doctrine that proposed restrictions on constitutional rights are to be narrowly construed and outright prohibition cannot stand when regulation is a viable alternative.

Issue:
WON lifting the absolute ban on live broadcasting of court proceedings in the case would infringe constitutional rights
Held:
Respecting the possible influence of media coverage on the impartiality of trial court...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Cs vs. Ca Essay
  • ching vs ca evidence case Essay
  • Manila Lodge No. 761 vs Ca Essay
  • Essay on Manotoc vs Ca Digest
  • Padilla vs Ca Essay
  • Essay about Silverio vs Ca
  • Andres Lao vs. Ca Essay
  • Moran vs Ca Essay

Become a StudyMode Member

Sign Up - It's Free