Presentation made by Atty. Emerson Banez during iBlog Mini last December 14, 2010 at UP College of Law Bocobo Hall UP Diliman Quezon City

1. The Sub Judice Rule Emerson S. Bañez

2. Code

3. Computer Code

4. Legal Code

7. Sub Judice – under judgment

8. Sub Judice – under judgment; under/before a judge or court; under judicial consideration

9. [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

10. 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

11. IF legal matter/controversy

12. under jurisdiction of the court

13. NO COMMENT

14. NO PUBLICATION

17. 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.

18. Functional

19. What is it for?

20. Why is this function here?

21. CONTEMPT SUB JUDICE

22. 2 Functions

23. First: “[T]o be shielded against the influence of newspaper comments…” In Re: Jurado 243 SCRA 299, 337-338 (1995)

24. Administration of Justice

25. Due Process

26. 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)

27. Honor, Dignity

28. Administration of Justice (?)

29. Separation of Powers

30. No Army

31. No Power of the Purse

32. Honor, Dignity

33. “ 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)

34. Security Feature

35. Process Protection

36. Boundary Protection

37. Elements

38. Publication

39. Relating to Present Proceedings

40. Tendency to influence

41. Tendency to bring disrepute (?)

42. Issues

43. Anti-Pattern

44. Negative Solution

45. Worked, but…

46. Example: Y2K

47. Copied

48. Juries

50. Ordinary, Untrained

53. But that doesn’t apply to us

55. Lower Courts

56. Facts, Evidence

57. Not Appellate Courts

58. Cases in the SC are necessarily public in character

59. Old Code

60. Before Constitutional Principles

61. Free Speech

62. Petition

63. Incompatible (?)

64. Old Judge-Made Rule Procedural in Character

65. Or a guarantee of substantive rights in the fundamental law

66. Easy

67. Restriction Speech

68. Unmanageable