CASE 2019-0041: RE: NEWS REPORT OF MR. JOMAR CANLAS IN THE MANILA TIMES ISSUE OF 8 MARCH 2016 (A.M. NO. 16-03-10-SC. OCTOBER 15, 2019, CARPIO, J.)

 

  

DISPOSITIVE:

 

 

CANLAS-DISPOSITIVE

 

SUBJECTS/DOCTRINES:

  

IN BALANCING THE INTERESTS OF MEDIA AND AN INDEPENDENT JUDICIARY WHAT ARE THE RULES?

 

THERE ARE TWO RULES: THE CLEAR AND PRESENT DANGER RULE AND THE DANGEROUS TENDENCY RULE.

 

THE CLEAR AND PRESENT DANGER RULE MEANS THAT THE EVIL CONSEQUENCE OF THE COMMENT MUST BE EXTREMELY DANGEROUS AND THE DEGREE OF IMMINENCE EXTREMELY HIGH BEFORE SUCH COMMENT BE PUNISHED.

  

CANLAS-TWO RULES.png

 

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THE DANGEROUS TENDENCY RULE STATES THAT IF THE WORDS UTTERED CREATED A DANGEROUS TENDENCY WHICH THE STATE HAS A RIGHT TO PREVENT THEN SUCH UTTERANCE IS PUNISHABLE. THE EFFECT OF SUCH UTTERANCE IS TO BRING ABOUT THE SUBSTANTIVE EVIL SOUGHT TO BE PREVENTED.

 

 

CANLAS-RULE 2A.png BELTRAN-SECOND RULE-TWO

 

 TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

 

SCD-2019-0041-Re – News report of Mr. Jomar Canlas in the Manila Times issue of 8 March 2016

 

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