Crossing the permissible boundaries: Revisiting the Philippine courts' pronouncement on the sub judice rule

• Main Authors: Basconcillo, Ian Zander, Cruz, Roxanne Marie
• Format: text
• Language: English
• Published: Animo Repository 2009
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17746
• Institution: De La Salle University

This study comprehensively looks into the aged doctrine of sub judice as pronounced by Philippine courts in several cases in cognizant of it being a foreign legal concept. The principle that animates this thesis primarily focuses on the clash between the Constitutional guarantees of freedom of speech, of expression, and of the press at one hand, and the inherent power of the courts to silence those who obstruct or impede in the fair administration of justice on the other hand. The objective of this thesis is to examine the contempt power with the focus heavily applied on the doctrine of sub judice, as it is applied to individuals and publications. After examining the concept and the present criticisms on juries, the question of whether the rule has been arbitrarily invoked by courts to silence the right of individuals as hereinbefore mentioned is the main thrust of this study.