2013 MALCOLM CONSTITUTIONAL LAW MOOT COURT COMPETITION FACTS

1. Brad Aquino was a junior instructor in the University of the Philippines Diliman, a state-owned
institution. Aquino has been teaching Sociology since he was hired in 2011.
2. On 12 January 2013, Aquino was holding class in the auditorium. Suddenly, a student named
Christopher Mangahas stood up and began to incite his fellow classmates to rally against the
governments proposal to cut the national budget for education. He encouraged his classmates to
leave class and head to the city hall where a large-scale rally would be held by various student
groups. After this provocative speech, Mangahas conducted a snake strike along the school
corridors. The incident drew the interest of many students and disrupted classes that day.
3. Brad Aquino reprimanded Mangahas and several students as they left the room. He said that their
conduct was contrary to proper decorum required in an educational setting.
4. Ruby Lee, a writer for the student newspaper, witnessed the entire incident. Soon after, he wrote a
strongly-worded article about Aquino and the snake strike rally. An excerpt reads:
Ditey sa gilid naman, sa likod ng lugar ng kaalaman, nandoon ang ahensiya na
naglalaman ng bitchesang gusto ang maximum silence. Ay nako, mega shout hybrid
ng kapre at white ladyng itetch dahil daw nadidisturb ang super perfect sa silence
niyang kwartel. Kaya madi siya knowing ng kadalasan, aba may ganun palang
taong nagexist dito, siya ay si Brad Aquino at field of expertise daw niya ang etits.
Alam na!
5. A day after the article was published, an anonymous commenter posted a meme portraying
Aquino as the kapre at white ladyng described in Lees article. The meme contained text
demanding Aquinos resignation for suppressing the students right to freedom of expression and
a link to the original article. The meme was quickly shared through social networking sites like
Facebook, Twitter, and Tumblr.
6. Students discussed the article extensively online. The student newspaper website had social
networking functions such as like, share, and comment. Three students who were logged in
their official student accounts used the functions to affirm Lees opinions.
7. Eventually, the article and the meme were widely reported by the mainstream media. Traditional
tri-media reporters flocked to the University of the Philippines Diliman, hoping to interview
Aquino. Beginning to feel threatened, he refused to grant interviews. According to the school
physician, Aquino experienced psychological stress created by the negative attention he was
receiving. Students all over the campus were looking and laughing at him.
8. Advised by members of the University of the Philippines Law and Debate Moot Court Union,
Aquino filed a case for libel under RA 10175 against Ruby Lee, the three students referred to in
paragraph 6, and James Claudio, the editor-in-chief of the student newspaper before the Regional

Trial Court of Quezon City. He argued that the article was a malicious portrayal of his rightful
conduct in disciplining his students. According to Aquino, he experienced psychological trauma
and his reputation as an educator has suffered due to the publication of the article.
9. During the pendency of the case, the National Bureau of Investigation began collecting data on
all internet traffic concerning the spreading of the article.
10. The National Bureau of Investigation eventually took down the page on the student newspaper
website containing the article.
11. The RTC found that the three students were not guilty for the charge of libel. It held Lee and
Claudio liable for libel and gave them the penalty prescribed under RA 10175. Upon appeal, the
decision was affirmed.
12. Lee and Claudio are now questioning the constitutionality of RA 10175 before the Supreme
Court.
13. Assume that no Temporary Restraining Order was issued against RA 10175.