the sub judice rule by atty. emerson banez

The Sub Judice Rule

Emerson S. Bañez

Code

Computer Code

Legal Code

Sub Judice – under judgment

Sub Judice – under judgment; under/before a judge or court;

under judicial consideration

[R]estricts comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice.

Romero v. Estrada G.R. No. 174105, April 2, 2009

A violation of the sub judice rule may render one liable for indirect contempt under Sec. 3(d), Rule 71 of the Rules of

Romero v. Estrada G.R. No. 174105, April 2, 2009

IF legal matter/controversy

under jurisdiction of the court

NO COMMENT

NO PUBLICATION

the sub judice rule is not sufficiently certain to allow them to always know in a particular set

of circumstances whether it might be breached.

Australian Law Reform Commission Reference on Contempt of Court, Tribunals and Commissions, Research Paper No 4 - Prejudicial Publicity and the Courts, at 69.

Functional

What is it for?

Why is this function here?

CONTEMPTCONTEMPT

SUB JUDICESUB JUDICE

2 Functions

First: “[T]o be shielded against the influence of newspaper

comments…”

In Re: Jurado 243 SCRA 299, 337-338 (1995)

Administration of Justice

Due Process

Second: “[T]o vindicate the courts from any act or conduct calculated to bring them into disfavor or to destroy public

confidence in them”

In Re: Jurado 243 SCRA 299, 337-338 (1995)

Honor, Dignity

Administration of Justice (?)

Separation of Powers

No Army

No Power of the Purse

Honor, Dignity

“proceed to the disposition of its business in an orderly

manner, free from outside interference obstructive of its

functions and tending to embarrass the administration of

justice.”

Nestle Philippines v. Sanchez 154 SCRA 542 (1987)

Security Feature

Process Protection

Boundary Protection

Elements

Publication

Relating to Present Proceedings

Tendency to influence

Tendency to bring disrepute (?)

Issues

Anti-Pattern

Negative Solution

Worked, but…

Example: Y2K

Copied

Juries

Ordinary, Untrained

But that doesn’t apply to us

Lower Courts

Facts, Evidence

Not Appellate Courts

Cases in the SC are necessarily public in character

Old Code

Before Constitutional Principles

Free Speech

Petition

Incompatible (?)

Old Judge-Made Rule Procedural in Character

Or a guarantee of substantive rights in the fundamental law

Easy

Restriction Speech

Unmanageable