DOJ Opinion 163 s. 1973

DOJ OPINION NO. 163, s. 1973 November 21, 1973

The Secretary of Public   Information Malacañang, Manila Sir :

This is in reply to your request for opinion, in the light of the effectivity of the new Constitution, on the following questions: 1. The definition of mass media as used in the New Constitution and  related decrees and laws; 2. The effects of the New Charter on the organization, management and operation of mass media; and  3. The status of foreign rights and interests, especially those of  Americans, in the field of mass media, taking into consideration the termination of Parity Rights in 1974

1.

The Constitution provides:

"Art. XV. Sec. 7(1) The ownership ownership and management of mass media shall be limited to citizens of the Philippines or to corporations or associations wholly owned and management by such citizens. "(2) The governing body of every entity in commercial telecommunications shall in all cases be controlled by citizens of the Philippines."

Mass medium (pl. mass media) is defined in Webster's Third New International Dictionary, "as a medium of communication (as the newspapers, radio, motion pictures, television) that is designed to reach the mass of the people and that tends to set the standards, ideals, and aims of the masses." Presidential Decree No. 191, which created the Media Advisory Council, to  pass upon applications of mass media for permission to operate, includes in the enumeration of mass media "newspaper, magazine, periodical, or publication of any kind, radio, television, and telecommunications facility, station or network" (see also Copyright 1994-2016 CD Technologies Asia, Inc.

Opinions of the DOJ Secretary 2015

1

PD No. 36 creating the Mass Media Council, which preceded the Media Advisory Council). The Rules and Regulations promulgated by the Media Advisory Council, approved by the President of the Philippines, defined "mass media" as LexLib

". . . the gathering, transmission, of news, information, messages, signals, and forms of written, oral, and all visual communications, and shall embrace the print media, radio, television, films, movies, wire and radio communications services, advertising in all its phrases, and their business management" (Title XII, Sec. a-1).

It will be seen that while the definitions of mass media for purposes of the Media Advisory Council law are broad enough to include telecommunications facilities, stations or network, and wire and radio communication services, the Constitution itself distinguishes commercial telecommunications from mass media by imposing a different nationality requirement, i.e., while ownership and management of mass media shall be limited to citizen of the Philippines or to corporations or  associations wholly owned and managed by such citizens, it is merely required, with respect to entities engaged in commercial telecommunications, that the governing  body be controlled by citizens of the Philippines, There is no question therefore, that for purposes of implementing the citizenship requirement with respect to the ownership and management of mass media. commercial telecommunications should   be excepted there from, it being sufficient that the governing body of entities engaged  therein be controlled by Philippine citizens. For this purpose, telecommunication may be defined in its generally accepted meaning, i.e., communication at a distance, as by cable, radio, telegraph, telephone, or television, (see Webster's Third New International Dictionary) on a person to person or station-to-station basis, as distinguished from communications services which are designed to reach the general  public or the mass of the people. As used with respect to P.D. No. 131, which requires all mass media facilities to secure prior permission to operate from the Media Advisory Council, the statutory definition, which would seem to include commercial telecommunications, will be applicable. 2. The effects of the new Charter on the organization, management and  operation of mass media. In view of Article XV, Sec. 7(1) of the Constitution, above-quoted, mass media must be owned by Philippine citizens, or by corporations or associations, the capital stock of which is wholly owned by said citizens. Also the management of  Copyright 1994-2016 CD Technologies Asia, Inc.

Opinions of the DOJ Secretary 2015

2

Print document



In order to print this document from Scribd, you'll first need to download it.

mass media, which includes all officers appointed or elected or otherwise authorized  to manage or direct its affairs, like the president or manager, should be citizens of the Cancel in theDownload And Print like the board of directors Philippines. Membership of aliens governing body, or board of trustees, of any mass media enterprise is thus prescribed. The provisions of the Anti-Dummy Law are likewise pertinent. Section 2-A thereof reads: "Sec. 2-A. Any person, corporation, or association which, having in its name or under its control, a right, franchise, privilege, property or business, the exercise or enjoyment of which is expressly reserved by the Constitution or the laws to citizens of the Philippines or of any other specific country, or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens, permits or allows the use, exploitation or enjoyment thereof by a person, corporation or association not possessing the requisites  prescribed by the Constitution or the laws of the Philippines; or leases, or in any other way transfers or conveys said right, franchise, privilege, property or   business to a person, corporation or association not otherwise qualified under  the Constitution, or the provisions of the existing laws; or in any manner   permits or allows any person, not possessing the qualifications required by the Constitution or existing laws to acquire, use, exploit or enjoy a right, franchise,  privilege, property or business, the exercise and enjoyment of which are expressly reserved by the Constitution or existing laws to citizens of the Philippines or of any other specific country, to intervene in the management, operation, administration or control thereof, whether as an officer, employment or laborer therein, with or without remuneration except technical personnel whose employment may be specifically authorized by the President of the Philippines upon recommendation of the Department Head concerned, if any, and any person who knowingly aids, assists or abets in the planning, consummation or perpetration of any of the acts herein above enumerated shall  be punished by imprisonment or not less than five or more than fifteen years, and by a fine of not less than the value of the right, franchise, or privilege enjoyed or acquired in violation of the provisions thereof but in no case less than five thousand pesos: Provided, however, That the president, managers, or   persons in charge of corporations, associations, or partnerships violating the  provisions of this section shall be criminally liable in lieu thereof: Provided, further, That any person, corporation or association shall, in addition to the  penalty imposed herein, forfeit such right, franchise, privilege, and the property or business enjoyed or acquired in violation of the provisions of this Act." (C.A.  No. 108, as amended by R.A. No. 134.)

Pursuant to the above section, aliens cannot be employed in any capacity in Copyright 1994-2016 CD Technologies Asia, Inc.

Opinions of the DOJ Secretary 2015

3

Print document



In order to print this document from Scribd, you'll first need to download it.

mass media enterprises, the only exception being employment of technical personnel with previous authority of the President. (See King vs. Hernaez, 4 SCRA 792 [1962]; Cancel Download And Print Op. No. 17, s. 1955.) LexLib

3. Regarding Question No. 3, your attention is invited to a confidential Memorandum submitted by the undersigned to the President, dated November 6, 1973, which deals with the same subject-matter. Copy of said Memorandum, which I trust you will keep confidential until cleared by the President, is enclosed for your  guidance.

Very truly yours, (SGD.) VICENTE ABAD SANTOS Secretary of Justice

Copyright 1994-2016 CD Technologies Asia, Inc.

Opinions of the DOJ Secretary 2015

4