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separate opinion

VITUG, J.:

I agree with those who support the view that religious freedom occupies an exalted position in our hierarchy of rights and that the freedom to disseminate religious information is a constitutionally-sanctioned prerogative that allows any legitimate religious denomination a free choice of media in the propagation of its credo. Like any other right, however, the exercise of religious belief is not without inherent and statutory limitations.

The Board disapproved the exhibition of a series of television programs of petitioner on the ground that they tend to "offend and constitute an attack against other religions." An opinion has been expressed that the non-inclusion in Section 3 of P.D. No. 1986 of an "attack against any religion," as a standard for classification, and so the deletion of the phrase "offensive to other religions" found in the old censorship law (Executive Order No. 876), should be clear enough to manifest a legislative intent "to do away with the standard." A reading of Section 3 of P.D. No. 1986 shows that the Board is empowered to "screen, review and examine all x x x television programs" and to "approve or disprove, delete objectionable portion from and/or prohibit the x x x television broadcast of x x x television programs x x x which, in the judgment of the BOARD (so) applying contemporary Filipino cultural values as standard, are objectionable for being immoral, indecent, contrary to law and/or good customs x x x." I believe that the phrase "contrary to law" should be read together with other existing laws such as, for instance, the provisions of the Revised Penal Code, particularly Article 201, which prohibits the exhibition of shows that "offend another race or religion." I see in this provision a good and sound standard. Recent events indicate recurrent violent incidents between and among communities with diverse religious beliefs and dogma. The danger is past mere apprehension; it has become a virtual reality and now prevalent in some parts of the world.

In order not to infringe constitutional principles, any restriction by the Board must, of course, be for legitimate and valid reasons. I certainly do not think that prior censorship should altogether be rejected just because sanctions can later be imposed. Regulating the exercise of a right is not necessarily an anathema to it; in fact, it can safeguard and secure that right.

When I particularly ponder on the magnitude of the power of a television set, I find it more prudent to have a deferment of an exhibition that may be perceived to be contrary to decency, morality, good customs or the law until, at least, the courts are given an opportunity to pass upon the matter than rely merely on the availability of retribution for actual injury sustained. A delay is not too high a price to pay for a possible damage to society that may well turn out to be incalculable and lasting.

In this instance, I vote for the dismissal of the petition.