V. (10 POINTS)
The Destilleria Felipe Segundo is famous for its 15-year old rum, which it has produced and marketed successfully for the past 70 years. Its latest commercial advertisement uses the line: “Nakatikim ka na ba ng kinse anyos?” Very soon, activist groups promoting women’s and children’s rights were up in arms against the advertisement.
(a) All advertising companies in the Philippines have formed an association, the Philippine Advertising Council, and have agreed to abide by all the ethical guidelines and decisions by the Council. In response to the protests, the Council orders the pull-out of the “kinse anyos” advertising campaign. Can Destilleria Felipe Segundo claim that its constitutional rights are thus infringed?
(b) One of the militant groups, the Amazing Amazonas, call on all government-owned and controlled corporations (GOCC) to boycott any newspaper, radio or TV station that carries the “kinse anyos” advertisements. They call on all government nominees in sequestered corporations to block any advertising funds allocated for any such newspaper, radio or TV station. Can the GOCCs and sequestered corporations validly comply?
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