1/4/2021
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brought before the proper trial courts or the CA, both of which are
specially equipped to try and resolve factual questions.[12] (Citations
omitted; emphasis in the original.)
The justiciable controversy pres1ent here involves a pure question of law. We are not
being called to rule on questions of fact. This direct recourse to Us via this petition is,
therefore, being allowed on this basis as well, and not on petitioner's misplaced
invocation of the transcendental importance doctrine.
Going now to the substance of the. petition, I reiterate that my vote here is grounded
on the nature of Section 36.8 of RA 9189, as amended by RA 10590, and Section 74(II)
(8) of Comelec Resolution No. 10035 which, as impermissible content-based
restrictions, do not survive strict scrutiny analysis.
Prior restraint refers to official governmental restrictions on the press or other forms of
expression in advance of actual publication or dissemination.[13] Section 36.8 of RA
9189, as amended by RA 10590, and Section 74(II)(8) of Comelec Resolution No.
10035 fit this definition because these regulations restrain speech and expression
before they are made. While governmental imposition of varying forms of prior
restraints of speech and expression may present a constitutional issue, it does not
follow, by design, that the regulations herein questioned ipso facto violate the
Constitution.[14] The State may, indeed, curtail speech when necessary to advance a
significant and legitimate interest.[15] Any prior restraint, however, which does so
comes to this Court bearing a heavy presumption against its constitutional validity,
which the Government has the burden to justify.[16]
Consequently, Our inquiry here does not end with the determination as to whether the
challenged act constitutes some form of restraint on freedom of speech. A distinction
has to be made whether the restraint is content-neutral or content-based.[17] A
content-neutral restraint is merely concerned with the incidents of the speech, or one
hat merely controls the time, place or manner, and under well-defined standards.[18] A
content-based restraint, on the other hand, is based on the subject ma,er of the
utterance or speech.[19]
In my view, Section 36.8 of RA 9189, as amended by RA 10590, and Section 74(II)(8)
of Comelec Resolution No. 10035 fall under the content-based classification. Following
Ward v. Rock Against Racism,[20] the restrictions here describe speech, expression,
and assembly in terms of time and manner and were not adopted because of the
Government's disagreement with the message the subject speech or expression relays.
There is no evidence, or suggestion, that the Government made any distinction based
on the speaker's views or perspectives. Viewpoint, however, is just one aspect of free
speech or expression. The Constitution's hostility to content-based regulation extends
not only to a restriction on a particular viewpoint, but also to a prohibition of public
discussion of an entire topic.[21] Hence, while Section 36.8 of RA 9189, as amended
by RA 10590, and Section 74(II)(8) of Comelec
Resolution No. 10035 do not discriminate between viewpoints, they do discriminate
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