By: Tyrese Ronald Calica
Photo Courtesy: Rappler
The Supreme Court (SC) upholds that the imposition of media accreditation should not abridge freedom of speech, expression, and of the press in its 2024 decision in the case challenging the constitutionality of Customs Memorandum Order (CMO) No. 37-2011.
G.R. No. 199479 petitioned by the Customs Tri-Media Association Inc. and other journalists against the Bureau of Customs (BOC) questioned the memorandum’s constitutionality, which provides guidelines and procedures in the accreditation of BOC media practitioners and ensure that only ‘bona fide media professionals and bona fide media organizations’ are allowed entry to the BOC premises to cover events..
The CMO limited entry into BOC buildings to journalists as the memorandum required proof of assignment from specific news publications or organizations, which the petitioners criticized for purportedly limiting press freedom.
The memorandum also stated that the editorial content of the publication must at all times be compliant with the Philippine Journalist’s Code of Ethics, the No I.D., No Entry shall be strictly enforced, and media interviews with BOC officials and employees must be pre-arranged to avoid work disruption.
Petitioners assert that such policies would be exploited to determine which journalists get access to government buildings, adding that pre-arranged interviews give BOC the opportunity to censor errant employees and illicit activities. .
The SC held that such policies should not infringe on free speech and must have a legitimate, discernible purpose.
The Court reiterated that while accreditation can control access, it cannot be employed to stifle independent reporting or limit press coverage unjustly.
In response to the lawsuit, the policy was repealed by BOC in January 2014, prompting the Court to hold the case moot.
“I concur in the ponencia that it is improper to declare as unconstitutional a repealed issuance as, in such scenario, there is no actual case or controversy that would allow the Court to exercise its judicial power,” Chief Justice Alexander Gesmundo’s opinion read.
Even with the dismissal, the ruling reasserted that accreditation guidelines should not be restrictive of press freedom and should be applied judiciously.
The decision was promulgated on Apr. 3, 2024 but the information was only made public in February 2025.