MANILA, Philippines – Citing the importance of the public's right to know, Senator Miriam Defensor Santiago appealed to the judiciary to limit the issuance of gag orders prohibiting the media from reporting or publishing information on cases of “widespread concern to the community.”

As an example, Santiago said the courts should keep proceedings in the Maguindanao murder trial open to media coverage and to refrain from bringing up the sub judice rule.

“It is important that the court refrain from invoking the sub judice rule so that the media coverage of the Maguindanao case would remain unhampered. Let every Filipino know how the wheels of justice churn for this monumental case,” Santiago said.

The sub judice rule is often invoked by the courts to prohibit the media from reporting, commenting on, or publishing events surrounding a trial. The rationale behind the rule is to prevent the media report or commentary from interfering with the fair and impartial resolution of the case.

“The sub judice rule is a foreign legal concept,” Santiago said. “It originated in countries, such as the United States, whose justice systems have adopted the trial by jury system.”

“Philippine courts frequently invoke the rule, notwithstanding the palpable absence of jurors who need to be sequestered from widespread publicity surrounding a court trial,” she said.

Amidst criticisms on the way the media covered the bloody hostage-taking incident two weeks ago, Santiago stressed that responsible and ethical media coverage is inseparable from the constitutional guarantees of free speech and the right to information.

“The constitutional guarantees of free speech and the right to information on matters of public concern occupy lofty positions in the Filipino people’s hierarchy of values. While the abuse of these rights should be denounced, we should remain vigilant that these rights are not unreasonably curtailed,” Santiago said.

In this regard, Santiago filed Senate Bill No. 1852, also known as the Judicial Right to Know Act. The bill prohibits the issuance of court orders, writs, or injunctions “that would have the effect of enjoining the press and other media from publishing information in connection with a criminal, civil, or administrative case of widespread concern to the community.”