Ayer Productions Pty. Ltd. v. Capulong, G.R. No. 82380, 82398, April 29, 1988

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Ponente: FELICIANO J.

A petition for certiorari to review the order of the RTC Makati

Facts:

Petitioner Hal McElroy an Australian film maker, and his movie production company, Petitioner Ayer Productions pty Ltd. envisioned, sometime in 1987, the filming for commercial viewing and for Philippine and international release, the historic peaceful struggle of the Filipinos at EDSA. The proposed motion picture was entitled "The Four Day Revolution".

In a letter dated 16 December 1987, McElroy informed Juan Ponce Enrile (JPE) about the projected motion picture enclosing a synopsis of it.

JPE replied that “he would not and will not approve of the use, appropriation, reproduction and/or exhibition of his name, or picture, or that of any member of his family in any cinema or television production, film xxx".

Petitioners acceded to this demand.

23 Feb 1988: JPE filed a Complaint with application for TRO and Writ of Preliminary Injunction with the RTC Makati, seeking to enjoin Ps from producing the movie "The Four Day Revolution". The complaint alleged that Ps' production of the mini-series without private his consent and over his objection, constitutes an obvious violation of his right of privacy.

24 Feb 1988: the trial court issued ex-parte a TRO and set for hearing the application for preliminary injunction.

9 Mar 1988: Hal McElroy filed a MD with Opposition to the Petition for Preliminary Injunction contending that:

•       the mini-series film would not involve the private life of JPE nor that of his family

•      a preliminary injunction would amount to a prior restraint on their right of free expression.

Ayer Productions also filed its own MD alleging lack of cause of action as the mini-series had not yet been completed.

16 Mar 1988, RTC issued a writ of Preliminary Injunction against the Ps.

Both Petitioners filed a Petition for certiorari with an urgent prayer for Preliminary Injunction or Restraining Order. The petitions were subsequently consolidated.

SC also granted a limited TRO partially enjoining RTC's decision.

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Peitioners' Contention: In making "The Four Day Revolution," they are exercising their freedom of speech and of expression protected under our Constitution.

JPE's Contention: the production and filming of the projected mini-series constitutes an unlawful intrusion into his privacy which he is entitled to enjoy.

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WON the production and filming by petitioners of the projected motion picture "The Four Day Revolution" constitute an unlawful intrusion upon private respondent's "right of privacy."

Held: No.

(1) The subject matter of "The Four Day Revolution" relates to the People Power Revolution, which clearly is one of public interest and concern; and as such, must be regarded as having passed into the public domain and as an appropriate subject for speech and expression and coverage by any form of mass media.

(2) The subject mater, as set out in the synopsis provided by the Ps, does not relate to the individual life and certainly not to the private life of JPE.  It is not principally about, nor is it focused upon, the man JPE,  but it is compelled, if it is to be historical, to refer to the role played by JPE in the precipitating and the constituent events of the change of government in February 1986.

(3) JPE is a "public figure" precisely because, inter alia, of his participation as a principal actor in the culminating events of the change of government in February 1986.  The right of privacy of a "public figure" is necessarily narrower than that of an ordinary citizen. JPE has not retired into the seclusion of simple private citizenship. he continues to be a "public figure."

DECISION: TRO permanent and enjoining unqualifiedly.

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