SC to UN rapporteur: Phl judiciary highly cognizant of freedom of speech, expression

Supreme Court Chief Justice Alexander G. Gesmundo assured United Nations Special Rapporteur (UNSR) Irene Khan that the Philippine Judiciary is highly cognizant of the universal principles of freedom of speech and expression as enshrined in the Philippine Constitution and international laws, and that the courts always seek to actively endeavor in striking a balance between such freedoms and the right of the state to protect itself.

As stated by Gesmundo, the Supreme Court made a positive impression on the promotion and protection of the right to freedom of opinion and expression during the Khan’s courtesy visit to the Court on 24 January 2024.

Joining Chief Justice Gesmundo in welcoming Khan were Senior Associate Justice Marvic Leonen and Associate Justices Amy Lazaro-Javier, Henri Jean Paul Inting, Japar Dimaampao, Jose Midas Marquez, and Maria Filomena Singh.

In response, Khan expressed her gratitude to the Supreme Court Justices for their time in what she described as an inspirational meeting.

Khan in her opening statement, underscored that human rights cannot exist without the rule of law and highlighted the Judiciary’s role in setting the tone and in its implementation.

The Justices discussed several matters which included the Supreme Court’s Strategic Plan for Judicial Innovations 2022-2027 (SPJI), the Court’s blueprint of action for judicial reform.

The SPJI outlines the Court’s system wide judicial reforms currently being implemented which aims to address institutional challenges using four guiding principles—Timely and Fair Justice, Transparent and Accountable Justice, Equal and Inclusive Justice, and Technologically Adaptive Management—and aimed at three critical outcomes – Efficiency, Innovation and Justice.

Senior Associate Justice Leonen then examples of recent Supreme Court decisions that tackled the freedom of speech and expression mentioning the recently decided case of St. Anthony v. COMELEC (G.R. No. 258805), where the Court En Banc held that the Commission on Elections (COMELEC) cannot remove or destroy privately-owned campaign materials displayed on private property.

Leonen, likewise, cited ABS-CBN v. Ampatuan (G.R. No. 227004), where the Court protected the right of the media to report on cases pending in courts. He also took note of the case of In Re: Atty. Lorenzo G. Gadon’s viral video against Raissa Robles (A.C. No. 13521), where the Court, voting unanimously, resolved to disbar Atty. Lorenzo “Larry” Gadon for the viral video clip where he repeatedly cursed and uttered profane remarks against journalist Raissa Robles.

On the issue of Anti-Terrorism, Ms. Khan was provided a copy of The Supreme Court’s Rules on the Anti-Terrorism Act of 2020 and Related Laws, which according to the Chief Justice, was promulgated by the Court “to ensure that our judges will handle properly and effectively, protecting the rights of people vis-à-vis prosecution against antiterrorism.”

These are but a few of the decisions of the SC that showed its strong stand in upholding the rights of the people.