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SALONGA VS CRUZ
ISSUE: Whether or not Salonga's alleged remarks are protected by thefreedom of speech.
FACTS: Jovito Salonga was charged with the violation of the Revised Anti-Subversion Act after he was implicated, along with other 39 accused, by Victor Lovely in the series of bombings in Metro Manila. He was tagged by Lovely in his testimony as the leader of subversive organizations for two reasons 1) because his house was used as contact point; and because of his remarks during the party of Raul Daza in Los Angeles. He allegedly opined about the likelihood of a violent struggle in the Philippines if reforms are not instituted immediately by then President Marcos.
DECISION: Yes the petitioners is a legitimate exercise of freedom of thought and expression.
RATIO DECIDENDI: In PD 885, political discussion will only constitute prima facie evidence of membership in a subversive organization if such discussion amounts to conferring with officers or other members of such association or organization in furtherance of any plan or enterprise thereof. In the case,there is no proof that such discussion was in furtherance of any plan to over throw the government through illegal means. Lovely also declared that his bombing mission was not against the government, but directed against a particular family. Such a statement negates any politically motivated or subversive assignment.
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