The Supreme Court (SC) reminded the government that the guidelines and procedures for accrediting media representatives should not be used to infringe on their constitutional rights to freedom of speech, expression and the press.

This was the ruling in the SC's April 2024 decision, which was uploaded in February 2025. The Court stated that any limitation on free speech must be justified by clear and indubitable grounds and must be narrowly tailored to achieve its intended purposes.

The SC emphasized that while the respondent's objective of removing illegitimate media figures was commendable, the means used to achieve this must not unnecessarily infringe on the rights of legitimate media practitioners.

The ruling came as the SC dismissed a petition filed by the Customs Tri-Media Association Inc. and other journalists covering the Bureau of Customs (BoC) regarding Customs Memorandum Order No. 37-2011.

This order outlined the accreditation guidelines for BoC media practitioners to ensure only legitimate media professionals and organizations were allowed entry. It also stipulated that media content must adhere to the Philippine Journalists Code of Ethics, enforced a “no ID, no entry” policy, and required media interviews with BoC officials to be prearranged to avoid disruptions. The order was repealed in January 2014.

The SC stated that it did not need to rule on the constitutionality of the memorandum order, as it had already been repealed. The Court further clarified that the repeal of a statute and its declaration of unconstitutionality produce similar effects, rendering the order legally ineffective.