Ang Dating Daan Debate Vs Inc
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In FCC, seven of what were considered "filthy" words 40 earlier recorded in a monologue by a satiric humorist later aired in the afternoon over a radio station owned by Pacifica Foundation. Upon the complaint of a man who heard the pre-recorded monologue while driving with his son, FCC declared the language used as "patently offensive" and "indecent" under a prohibiting law, though not necessarily obscene.
FCC added, however, that its declaratory order was issued in a "special factual context," referring, in gist, to an afternoon radio broadcast when children were undoubtedly in the audience.
Acting on the question of whether the FCC could regulate the subject utterance, the US Supreme Court ruled in the affirmative, owing to two special features of the broadcast medium, to wit: The Court in Chavez 41 elucidated on the distinction between regulation or restriction of protected speech that is content-based and that which is content-neutral.
A content-based restraint is aimed at the contents or idea of the expression, whereas a content-neutral restraint intends to regulate the time, place, and manner of the expression under well-defined standards tailored to serve a compelling state interest, without restraint on the message of the expression. Courts subject content-based restraint to strict scrutiny.
With the view we take of the case, the suspension MTRCB imposed under the premises was, in one perspective, permissible restriction. We make this disposition against the backdrop of the following interplaying factors: First, the indecent speech was made via television, a pervasive medium that, to borrow from Gonzales v. Kalaw Katigbak, 42 easily "reaches every home where there is a set [and where] [c]hildren will likely be among the avid viewers of the programs therein shown"; second, the broadcast was aired at the time of the day when there was a reasonable risk that children might be in the audience; and third, petitioner uttered his speech on a "G" or "for general patronage" rated program.
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A view has been advanced that unprotected speech refers only to pornography, 43 false or misleading advertisement, 44 advocacy of imminent lawless action, and expression endangering national security. But this list is not, as some members of the Court would submit, exclusive or carved in stone. Without going into specifics, it may be stated without fear of contradiction that US decisional law goes beyond the aforesaid general exceptions.
As the Court has been impelled to recognize exceptions to the rule against censorship in the past, this particular case constitutes yet another exception, another instance of unprotected speech, created by the necessity of protecting the welfare of our children. Despite the settled ruling in FCC which has remained undisturbed sincepetitioner asserts that his utterances must present a clear and present danger of bringing about a substantive evil the State has a right and duty to prevent and such danger must be grave and imminent.
The doctrine, first formulated by Justice Holmes, accords protection for utterances so that the printed or spoken words may not be subject to prior restraint or subsequent punishment unless its expression creates a clear and present danger of bringing about a substantial evil which the government has the power to prohibit.
As it were, said doctrine evolved in the context of prosecutions for rebellion and other crimes involving the overthrow of government. Generally, said doctrine is applied to cases involving the overthrow of the government and even other evils which do not clearly undermine national security.
Since not all evils can be measured in terms of "proximity and degree" the Court, however, in several cases—Ayer Productions v.
Capulong 52 and Gonzales v. COMELEC, elucidated in his Separate Opinion that "where the legislation under constitutional attack interferes with the freedom of speech and assembly in a more generalized way and where the effect of the speech and assembly in terms of the probability of realization of a specific danger is not susceptible even of impressionistic calculation," 54 then the "balancing of interests" test can be applied.
The Court explained also in Gonzales v. When particular conduct is regulated in the interest of public order, and the regulation results in an indirect, conditional, partial abridgment of speech, the duty of the courts is to determine which of the two conflicting interests demands the greater protection under the particular circumstances presented. In enunciating standard premised on a judicial balancing of the conflicting social values and individual interests competing for ascendancy in legislation which restricts expression, the court in Douds laid the basis for what has been called the "balancing-of-interests" test which has found application in more recent decisions of the U.
Briefly stated, the "balancing" test requires a court to take conscious and detailed consideration of the interplay of interests observable in a given situation or type of situation. Among these are a the social value and importance of the specific aspect of the particular freedom restricted by the legislation; b the specific thrust of the restriction, i.
If, on balance, it appears that the public interest served by restrictive legislation is of such nature that it outweighs the abridgment of freedom, then the court will find the legislation valid. In short, the balance-of-interests theory rests on the basis that constitutional freedoms are not absolute, not even those stated in the free speech and expression clause, and that they may be abridged to some extent to serve appropriate and important interests.
In the case at bar, petitioner used indecent and obscene language and a three 3 -month suspension was slapped on him for breach of MTRCB rules. In this setting, the assertion by petitioner of his enjoyment of his freedom of speech is ranged against the duty of the government to protect and promote the development and welfare of the youth.
No doubt, one of the fundamental and most vital rights granted to citizens of a State is the freedom of speech or expression, for without the enjoyment of such right, a free, stable, effective, and progressive democratic state would be difficult to attain.
Arrayed against the freedom of speech is the right of the youth to their moral, spiritual, intellectual, and social being which the State is constitutionally tasked to promote and protect. Moreover, the State is also mandated to recognize and support the vital role of the youth in nation building as laid down in Sec.
II of the Constitution. The Constitution has, therefore, imposed the sacred obligation and responsibility on the State to provide protection to the youth against illegal or improper activities which may prejudice their general well-being. The Article on youth, approved on second reading by the Constitutional Commission, explained that the State shall "extend social protection to minors against all forms of neglect, cruelty, exploitation, immorality, and practices which may foster racial, religious or other forms of discrimination.
The Constitution, no less, in fact enjoins the State, as earlier indicated, to promote and protect the physical, moral, spiritual, intellectual, and social well-being of the youth to better prepare them fulfill their role in the field of nation-building. His statements could have exposed children to a language that is unacceptable in everyday use. FCC explains the duty of the government to act as parens patriae to protect the children who, because of age or interest capacity, are susceptible of being corrupted or prejudiced by offensive language, thus: Other forms of offensive expression may be withheld from the young without restricting the expression at its source.
Bookstores and motion picture theaters, for example, may be prohibited from making indecent material available to children. We held in Ginsberg v. The ease with which children may obtain access to broadcast material, coupled with the concerns recognized in Ginsberg, amply justify special treatment of indecent broadcasting. Kalaw Katigbak likewise stressed the duty of the State to attend to the welfare of the young: This is so because unlike motion pictures where the patrons have to pay their way, television reaches every home where there is a set.
Children then will likely will be among the avid viewers of the programs therein shown. As was observed by Circuit Court of Appeals Judge Jerome Frank, it is hardly the concern of the law to deal with the sexual fantasies of the adult population. It cannot be denied though that the State as parens patriae is called upon to manifest an attitude of caring for the welfare of the young.
To reiterate, FCC justified the restraint on the TV broadcast grounded on the following considerations: It is appropriate, in conclusion, to emphasize the narrowness of our holding.
This case does not involve a two-way radio conversation between a cab driver and a dispatcher, or a telecast of an Elizabethan comedy. We have not decided that an occasional expletive in either setting would justify any sanction.
The concept requires consideration of a host of variables. The time of day was emphasized by the [FFC]. The content of the program in which the language is used will affect the composition of the audience x x x. There can be no quibbling that the remarks in question petitioner uttered on prime-time television are blatantly indecent if not outright obscene. It is the kind of speech that the State has the inherent prerogative, nay duty, to regulate and prevent should such action served and further compelling state interests.
One who utters indecent, insulting, or offensive words on television when unsuspecting children are in the audience is, in the graphic language of FCC, a "pig in the parlor.
Petitioner theorizes that the three 3 -month suspension is either prior restraint or subsequent punishment that, however, includes prior restraint, albeit indirectly. After a review of the facts, the Court finds that what MTRCB imposed on petitioner is an administrative sanction or subsequent punishment for his offensive and obscene language in Ang Dating Daan.
To clarify, statutes imposing prior restraints on speech are generally illegal and presumed unconstitutional breaches of the freedom of speech. The exceptions to prior restraint are movies, television, and radio broadcast censorship in view of its access to numerous people, including the young who must be insulated from the prejudicial effects of unprotected speech.
The Board can classify movies and television programs and can cancel permits for exhibition of films or television broadcast. Speaking through Chief Justice Reynato S.
Puno, the Court wrote: Its public broadcast on TV of its religious program brings it out of the bosom of internal belief. Television is a medium that reaches even the eyes and ears of children.
The Court iterates the rule that the exercise of religious freedom can be regulated by the State when it will bring about the clear and present danger of some substantive evil which the State is duty bound to prevent, i.
As far back aswe upheld this setup in Sotto vs. Persons possess no absolute right to put into the mail anything they please, regardless of its character. Under the decree a movie classification board is made the arbiter of what movies and television programs or parts of either are fit for public consumption.
Moreover, its decisions are executory unless stopped by a court. Thus, all broadcast networks are regulated by the MTRCB since they are required to get a permit before they air their television programs. Consequently, their right to enjoy their freedom of speech is subject to that requirement. As lucidly explained by Justice Dante O. Tinga, government regulations through the MTRCB became "a necessary evil" with the government taking the role of assigning bandwidth to individual broadcasters.
In this scheme, station owners and broadcasters in effect waived their right to the full enjoyment of their right to freedom of speech in radio and television programs and impliedly agreed that said right may be subject to prior restraint—denial of permit or subsequent punishment, like suspension or cancellation of permit, among others. The three 3 months suspension in this case is not a prior restraint on the right of petitioner to continue with the broadcast of Ang Dating Daan as a permit was already issued to him by MTRCB for such broadcast.
Rather, the suspension is in the form of permissible administrative sanction or subsequent punishment for the offensive and obscene remarks he uttered on the evening of August 10, in his television program, Ang Dating Daan. It is a sanction that the MTRCB may validly impose under its charter without running afoul of the free speech clause.
And the imposition is separate and distinct from the criminal action the Board may take pursuant to Sec. As FCC teaches, the imposition of sanctions on broadcasters who indulge in profane or indecent broadcasting does not constitute forbidden censorship. More importantly, petitioner is deemed to have yielded his right to his full enjoyment of his freedom of speech to regulation under PD and its IRR as television station owners, program producers, and hosts have impliedly accepted the power of MTRCB to regulate the broadcast industry.
For viewed in its proper perspective, the suspension is in the nature of an intermediate penalty for uttering an unprotected form of speech. It is definitely a lesser punishment than the permissible cancellation of exhibition or broadcast permit or license. In fine, the suspension meted was simply part of the duties of the MTRCB in the enforcement and administration of the law which it is tasked to implement.
Viewed in its proper context, the suspension sought to penalize past speech made on prime-time "G" rated TV program; it does not bar future speech of petitioner in other television programs; it is a permissible subsequent administrative sanction; it should not be confused with a prior restraint on speech. Any simplistic suggestion, however, that the MTRCB would be crossing the limits of its authority were it to regulate and even restrain the prime-time television broadcast of indecent or obscene speech in a "G" rated program is not acceptable.
As made clear in Eastern Broadcasting Corporation, "the freedom of television and radio broadcasting is somewhat lesser in scope than the freedom accorded to newspaper and print media. Television broadcasts should be subject to some form of regulation, considering the ease with which they can be accessed, and violations of the regulations must be met with appropriate and proportional disciplinary action. The suspension of a violating television program would be a sufficient punishment and serve as a deterrent for those responsible.
It behooves the Court to respond to the needs of the changing times, and craft jurisprudence to reflect these times. Petitioner, in questioning the three-month suspension, also tags as unconstitutional the very law creating the MTRCB, arguing that PDas applied to him, infringes also upon his freedom of religion. The Court sees no need to address anew the repetitive arguments on religious freedom. As earlier discussed in the disposition of the petition in G. He tries to place his words in perspective, arguing evidently as an afterthought that this was his method of refuting the alleged distortion of his statements by the INC hosts of Ang Tamang Daan.
But on the night he uttered them in his television program, the word simply came out as profane language, without any warning or guidance for undiscerning ears. There is no need to further delve into the fact that petitioner was afforded due process when he attended the hearing of the MTRCB, and that he was unable to demonstrate that he was unjustly discriminated against in the MTRCB proceedings.
Finally, petitioner argues that there has been undue delegation of legislative power, as PD does not provide for the range of imposable penalties that may be applied with respect to violations of the provisions of the law. The argument is without merit. Ericta, the Court discussed the matter of undue delegation of legislative power in the following wise: It is a fundamental principle flowing from the doctrine of separation of powers that Congress may not delegate its legislative power to the two other branches of the government, subject to the exception that local governments may over local affairs participate in its exercise.
What cannot be delegated is the authority under the Constitution to make laws and to alter and repeal them; the test is the completeness of the statute in all its term and provisions when it leaves the hands of the legislature. To determine whether or not there is an undue delegation of legislative power, the inquiry must be directed to the scope and definiteness of the measure enacted.
The legislature does not abdicate its functions when it describes what job must be done, who is to do it, and what is the scope of his authority. For a complex economy, that may indeed be the only way in which the legislative process can go forward. The writer is obviously a Protestant and he may had disregarded the Catholic Church's official source of teaching: He realised that basic Catholic doctrines such as baptism through infusion, worshipping graven images and making long prayers [Catholics do not worship objects.
They revere or venerate images but NOT objects. Doubts rise in his mind and he began to reject the old ritualistic Catholic practices. In spite of this, he did not join the Philippine Independent Church, also known as Aglipayan Church. He learned that its doctrines were not essentially different from those of its mother church, the Roman Catholic Church. In Decemberhe went back to Tipas to help his mother twiced widowed and seven months pregnant.
When they learned that he also decided to leave the Catholic religion, they persecuted him and made lies against him, hoping through these he will change his decision. But, the sixteen year old Felix stand firm on his decision never to come back to the Catholic religion because their practices and teachings contradict the teachings written in the Bible.
As a Colorum In April , the teenage Felix got attracted to the spiritist group called Colorum, who believed that the end of the world is at hand, whose initiation rites led him on a lenten pilgrimage to the mountains of San Cristobal and Banahaw, near the town of Dolores, Tayabas now Quezon province.
The mystics offered immediate and reciprocal communication with the Supreme Being. You could ask God a question and hear His audible answer in the dark recesses of the mountain caves. He was disillusioned and went back home. As a Methodist One night he and Modesto witnessed a public debate between a Catholic priest and an American Methodist pastor on the use of graven images, where the latter evidently prevailed and gained his profound interest.
He then left his hat shop to find more time to study religion. He went to the office of the Methodist Episcopalian Church in Rizal Avenue, Manila and was introduced by a pastor to an American missionary. He started attending its worship services and in attended classes in the Florence B.
Nicholson Seminary in Caloocan, Rizal and later became a pastor. In summer ofwhile in a missionary work, he heard that his mother was very ill and went home to Tipas to be with her, but it was too late. He rejected the last sacrament for her.
The Catholic priest denied her burial in the Tipas Catholic cemetery, and had to be buried in an Aglipayan cemetery. He stayed for a while in Tipas with his brother Baldomero and sisters Praxedes and Fausta. He became close to them, and the childless couple treated him as their own son. It was the manner of baptising by immersion and the idea of restoring the first century church that attracted his attention. He married Tomasa Sereneo from Paco, Manila.
Their son, Gerardo, died at infancy. It was alleged that his wife accused him of cruelty and adultery. Despite of this, the pastors of the Christian Mission honoured him on 25th December as an outstanding evangelist. Finster, an elder and a pastor. Evans, then president of the Asiatic Division. In the same year, Felix attended a meeting to debate Finster on his stance that Christians are under the Mosaic Law.
Felix was very aggressive in his questioning. After this indoctrination, he joined the church. He was invited by Mr. He soon became a pastor. His wife Tomasa was afflicted with tuberculosis and died. He moved to Santa Cruz, Manila still actively preaching the teachings of Adventists. They fell in love with each other and were eventually married on 9th Maya ceremony officiated by Christian and Missionary Alliance pastor, Emiliano Quijano in Singalong, Manila.
It was alleged that he eloped with her, and that E. Adams, the missionary who replaced Finster, did not approve their marriage.
This makes sense since a Christian Missionary pastor officiated the wedding instead of SDA as purported by Liwanag magazine.
The couple then proceeded to Malolos, Bulacan where Manalo was assigned. They were both active in the activities of their church, Felix as a pastor and Honorata, a deaconess. He also had an issue with customary authority relationships between Westerners and Filipinos.
According to Adventist sources, Manalo was twiced disciplined. First, he was temporarily suspended because of his elopement. The second time he was disciplined for moral indiscretion. This is probably the reason why he started finding faults in the organisation.
In Junehe told his wife that he is going to preach on his own and he is going to convince his fellow Adventist pastors and pastors of other denominations that they unite to preach with him. Felix made an attempt to convince his fellow Adventist pastors and pastors of other sects but they rejected this plan and mocked him and called him names. After an intense debate with fellow pastors in conference held in Malolos, Bulacan, he decided to leave the SDA.
He went back in Manila with his wife. He temporarily stayed with his cousins in Singalong, Manila. Then his friend Eusebio Sunga asked him to manage again the hat store he left in He went to Paranaque and manage again the hat store he established in He transferred the hat shop and residence to Pasay and also opened a barber shop.
At this time he was frequently visited by his former colleagues in the SDA who tried to convince him back to SDA but was not convinced.
In Defense of the Church: BIOGRAPHY OF FELIX Y. MANALO
He familiarized himself with atheism and agnosticism. He debated with atheists and agnostics in his barber shop but then he believes they are false and irrational as well. He believes that wrong interpretations of the Bible are the cause their disbelief and the diversity of religions.
He did not eat and drink for two days and three nights. He emerged from seclusion with his new-found doctrines. In the same month, he and his wife left their home and headed to Punta, Santa Ana, Manila through the Pasig river to begin preaching where their former brethren in Disciples of Christ lived. A boatman ferried them across without the two centavo fare, but Manalo promised to pay him later.
He preached against gambling and drinking. He attacked the doctrines of the Catholic church, and the Sabbatarian doctrines of the Seventh Day Adventists. Everyone calls him as Ka Vernakulo because he was the only one who always refer to the Bible to answer their questions. After several nights of preaching, the first converts were baptised at the Sta. Ana portion of the Pasig River in the early morning of late .
To ensure privacy, the baptismal area was enclosed with white cloth held up by bamboo poles. Before him, in waist deep water, he urged each of them to raise their hands, state their allegiance to God, Christ and the Bible, and reaffirm their loyalty to their new found faith. Then he immersed them one by one in the clear river water "in the name of the Father, the Son and the Holy Spirit". The first batch of converts was composed of 14 people: Maria and 14 Eugenia Yuzon.
Because many of those who entered the church during that time came fromthe Disciples of Christ, an American missionary of the said sect was sent to Felix in Punta Santa Ana. He made an attempt to convince Felix to return to their sect and he offered a large amount of money.
However, Felix anwered him that he will return if they will preach that his church is the true church. You dont have anything. The Holy Supper was held in the larger house of Atanacio Morte. A few months later, the church in Punta gained more converts and Manalo decided to propagate the church in other places. He left the church in the care of Federico Inocencio, later to be ordained minister and Atanacio Morte, the head deacon. He went to Tipas with his wife and infant daughter, Pilar, to bring his message of salvation to his hometown neighbours.
He met stiff persecutions by his neighbours — they threw stones on the roof and destroyed the benches outside the house where he was officiating. People mocked and ridiculed them. Yet some of the detractors were later converted, one of these were Serapio Dionisio. One day or eveningthe people brought a Protestant pastor to debate with Felix. His name is Reverend Emmanuel Tanco of Malabon, who is a skilled debater and have beaten a Catholic and an Agplipayan priest. He bragged to be a Doctor of Philosophy and Letters.
He forced Felix to write the topic of debate because he was informed that Felix does not know how to write. Christ is a man even when he ascended to heaven. Felix wrote the topic of the debate.
It was read by the moderator and the pastor was surprised. The pastor also asserted that no human being prior to Jesus has ascended in heaven, but Felix proved him wrong by quoting 2 Kings 2: Soon afterwards the locale of Tipas was establshed.
Protestant pastors, aiming to stop the work of Manalo, threathened him and the members that they will sue them in court because of preaching a Colorum church because it is not registered.
During that time there was a law that any organization must be registered in the government because there were religious groups, the Colorums, staging rebellion against the government. On 27th July the Iglesia ni Kristo was officially registered with the Bureau of Commerce of the Philippine government as a corporation sole with Felix Y. Manalo as the Executive Minister.
This was done by the help of his lawyer friend, Juan Natividad, who was adamant before helping him. At this time, he converted three Protestant pastors: The first two became ministers of the church.
A few months later, he started his work of propagation in Pateros and Pasig. Ina central office was established in Deodato Street, Tondo, Manila. Init was moved to Sande Road and remained there until In latehis work of propagation reached Tondo, Manila.
Still working as a tradesman, he was preaching in a storage house. Not long, he moved to an open air market in sight of a Methodist hospital. The lessons Manalo imparted to his students and congregations were uniform and prepared by himself. The ministers were given outlines.
To facilitate reproduction of outlines, he devised a novel copying method using a crude gulaman or gelatin press which Honorata operated. It was a labour consuming process. InMarcelo Lemen, a Tondo religious worker employed in a printing house, suggested that the lessons be reproduced in printed form.
Manalo agreed and the first printed lessons or texto came out on 26th March Thirty new members were baptized and a congregation was established in Barrio Tabi. When the membership reached 80, the members built a small chapel. A congregation was later formed in Gapan. A new locale was established in Malabon, Rizal, with over 30 new converts, led by Justino Casanova. The first chapel was built near the railroad tracks in Gabriela Street in Tondo, Manila, fashioned out of sawali, nipa and wood.
This was strategic to get workers off the railroad. That lasted 10 years until a fire destroyed much of the village and burned the bamboo hut.
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He continued to preach near the tracks because of the constant flow of railroad users. His new ministers would get on the job training as they would go to his nightly meetings. He would give them new doctrines to preach and then the new ministers would buy 3rd class train tickets to preach to travelers going home for the weekend hoping their teachings would spread to their families.
The first batch of ministerial students was: They were assigned to pioneer in the work of propagating the church in the areas surrounding Manila. On 11th November a ceasefire came into effect in Europe that marked the end of the First World War.
The Treaty of Versailles was signed on 28th June Bymembership had grown to 1, . The difficult task of defending the church against increasing attacks convinced Felix Manalo that he needed further training in the United States.
Also the matter of prestige may have been an important consideration in this decision, for as study in Germany was often looked on as the required finishing touch for an American scholar, so in the Philippines, study in the United States usually establish a person as an authority in his chosen field. It is also unknown what qualification he obtained.
While he was abroad Manalo collected many religious book, encyclopedias, and different versions of the Bible which later adorned his office. He was to put these volumes to good use in his debates with his opponents through the years. It is believed that Manalo was learning his theology from other preachers parked at railroad cars. It is also believed that Manalo was trying to convert migrant Filipino workers but was unsuccessful because they were Ilocanos who did not understand Tagalog.
Ang Dating Daan Debate Vs Inc
His trip was paid for by INC. He returned to the Philippines in Inhe was accused of extravagance and immorality that resulted in a schism led by Teofilo Ora, Januario Ponce and Basilio Santiago and the loss of some followers. These church workers have been left out in ordination. It resulted in the loss of several congregations and their church buildings in Bulacan and Nueva Ecija. In Bulacan, the membership went down from 80 to a mere 15 members.
Manalo defended himself by belying the charges and presenting supporting documents. After being a minister for six years, Perez maneuvered and wrestled the church leadership from Ora. Perez won the power struggle. A year later, Ora was able to re-establish his leadership. He developed this doctrine in order to accumulate power and reassert his leadership in the church.
Bythe church had about 3, to 5, members in 43 or 45 congregations in Manila and six nearby provinces. Inhe instituted the first komite or pulong-panalangin committee prayer. This was in recognition of the rapid growth of Iglesia ni Kristo.
Bythe church had 85, members. Tambuli ng Silangan Trumpet of the East — a Christian family organization for the young members, was established. On 15th September, during the first election for the officials of the Commonwealth government of the Philippines, the church members cast their votes in unity in favour of Manuel L.
Inthe first hymnbook, termed as Himnario, which contained about songs, was published.DEBATE: Ang Dating Daan( Bro Eli Soriano) vs Born Again
The church began propagating in the Visayas when he sent Alipio Apolonio to pioneer in preaching the church in Cebu. It states there that Manalo wanted to leave the Church and start anew. This is due to fraud among his ministers and officers. Santiago chose to plead to Manalo and advised the members to write a letter promising that they will keep and embrace all the policies of the Church.
He accepted the opportunity to deliver speeches abroad at their invitation because it would also enable him to undergo treatment of a stomach ailment.