Ayer Productions VS Capulong

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AYER PRODUCTIONS VS CAPULONG

160 SCRA 861, April 29, 1988, G.R. No. 82380

Facts:
Petitioners: AYER Productions PTY. LTD. and McElroy & McElroy Film
Productions.
Respondent: HON. Ignacio M. Capulong and Juan Ponce Enrile

In 1987, petitioner envisioned making a movie about the historic peaceful


struggle of the Filipinos at EDSA. The petitioners asked the approval of General Fidel V.
Ramos and Senator Juan Ponce Enrile who played major roles in the said revolution.

Enrile said that he would not and will not approve of any commercial exploitation
and further advised petitioners that 'in the production, airing, showing, distribution or
exhibition of said or similar film, no reference whatsoever (whether written, verbal or
visual) should not be made to [him] or any member of his family, much less to any
matter purely personal to them.

The petitioners agreed and removed the name of Enrile from the script, and
proceeded in making the film.

Respondent Sen. Enrile filed a case against private petitioners for the production
and filming of the projected motion picture “The Four Day Revolution” for its unlawful
intrusion upon his right to privacy.

Petitioners' claim that in producing the film," they are exercising their freedom of
speech and of expression while the private respondent asserts a right of privacy.

Issue/s:
Whether or not the projected motion picture is guaranteed under the right to free
speech.
Whether or not the projected motion constitute an unlawful intrusion upon private
respondent's "right of privacy."

Decision:
Yes. The projected motion picture is a guaranteed because it is of public interest
and as long as it limits itself in portraying the private respondent to the reasonably
related public facts of the EDSA Revolution.

No. The EDSA revolution where private respondent is a major character is one of
public interest. Private respondent is a public figure due to his participation in the
culmination of the change of government. The right of privacy of a “public figure” is
necessarily narrower than that of an ordinary citizen because they (1) had sought
publicity and consented to it (2) that their personalities and their affairs has already
public, and (3) the press had a privilege, under the Constitution, to inform the public
about those who have become legitimate matters of public interest.

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