18/07/2026
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Upholding the right to free speech, the (SC) has dismissed petitions for indirect contempt arising from public statements critical of its 2025 decision in 𝘋𝘶𝘵𝘦𝘳𝘵𝘦 𝘷. 𝘏𝘰𝘶𝘴𝘦 𝘰𝘧 𝘙𝘦𝘱𝘳𝘦𝘴𝘦𝘯𝘵𝘢𝘵𝘪𝘷𝘦𝘴, which declared the fourth impeachment complaint against Vice President Sara Duterte unconstitutional.
In a Decision penned by Senior Associate Justice Marvic M.V.F. Leonen, the SC 𝘌𝘯 𝘉𝘢𝘯𝘤 dismissed the consolidated petitions against political analyst Richard J. Heydarian, Representative Percival Cendaña, and Presidential Adviser for Poverty Alleviation Secretary Lorenzo “Larry” G. Gadon (respondents).
After the release of the decision in 𝘋𝘶𝘵𝘦𝘳𝘵𝘦 𝘷. 𝘏𝘰𝘶𝘴𝘦 𝘰𝘧 𝘙𝘦𝘱𝘳𝘦𝘴𝘦𝘯𝘵𝘢𝘵𝘪𝘷𝘦𝘴, Heydarian posted on X and Facebook that former President Rodrigo “𝘋𝘶𝘵𝘦𝘳𝘵𝘦 𝘩𝘢𝘥 𝘢𝘱𝘱𝘰𝘪𝘯𝘵𝘦𝘥 𝘢𝘴 𝘮𝘢𝘯𝘺 𝘢𝘴 13 𝘰𝘶𝘵 𝘰𝘧 𝘵𝘩𝘦 15 𝘚𝘶𝘱𝘳𝘦𝘮𝘦 𝘊𝘰𝘶𝘳𝘵 𝘫𝘶𝘴𝘵𝘪𝘤𝘦𝘴 𝘣𝘺 2022” while Rep. Cendaña posted a video on Facebook claiming that the Supreme Court disregarded the Constitution, its own decision and the principle of separation of powers, calling it “𝘚𝘶𝘱𝘳𝘦𝘮𝘦 𝘊𝘰𝘥𝘥𝘭𝘦𝘳 𝘰𝘧 𝘵𝘩𝘦 𝘗𝘩𝘪𝘭𝘪𝘱𝘱𝘪𝘯𝘦𝘴.” Sec. Gadon, for his part, referred to the SC in media interviews as “𝘵𝘶𝘵𝘢 𝘯𝘨 𝘮𝘨𝘢 𝘋𝘶𝘵𝘦𝘳𝘵𝘦.”
These statements prompted Attys. Mark Kristopher G. Tolentino, Rolex Suplico, and Ferdinand S. Topacio to file petitions asking the SC to cite the respondents for indirect contempt. They claimed that the statements questioned the SC’s independence, undermined its decisions, and weakened public trust in the Judiciary.
The SC, however, found that the statements did not amount to indirect contempt.
Rule 71, Section 3 of the 𝘙𝘶𝘭𝘦𝘴 𝘰𝘧 𝘊𝘰𝘶𝘳𝘵 punishes conduct that degrades the courts or damages their reputation. There must be a clear showing that the speaker intended to impede or obstruct the administration of justice.
While contempt proceedings help protect judicial independence and public confidence in the Judiciary, the SC emphasized that courts must also respect and uphold the freedoms of speech, expression, and the press.
The SC explained that political speech, which includes statements about government actions, public officials, and matters of public concern, enjoys the highest level of constitutional protection. It is not automatically punishable even if it is harsh or inaccurate.
Applying the stricter incitement test, the SC said political speech may be restricted only if it is intended and likely to cause imminent lawless action. In making this determination, courts look beyond the literal meaning of the words and consider their performative aspect: the speaker’s intent, the context in which the speech was made, and its likely effect.
Under this standard, a person may be held liable for contempt only if the speech advocates lawless conduct that threatens the administration of justice.
Applying these principles, the SC found that the respondents’ statements were political speech relating to the impeachment case of Vice President Duterte, a matter of significant public interest involving public accountability.
The SC found Heydarian’s post a fair comment on a matter of public interest and, when read together with his other posts, did not show bad faith, malice, or disrespect toward the SC. While the statement may have reflected bias, it remained protected speech.
As for Rep. Cendaña’s remarks, the SC said although they were accusatory, they only showed his disappointment with the ruling and were not meant to interfere with the administration of justice. The SC considered his statements as expressions of opinion and an understandable reaction to an unfavorable decision.
Finally, the SC found that while Sec. Gadon’s remark was disrespectful, it did not amount to contempt because it was not intended to interfere with court proceedings or influence any pending case. Instead, it was an expression of opinion on an issue that was widely debated by both supporters and critics of the SC’s decision.
Respondents were reminded, however, to encourage thoughtful and constructive public discussion of Judiciary’s decision, to show greater respect, restraint and care in publicly criticizing the Judiciary, and to express their criticisms with civility and fairness.
Read the full text of the press release at https://sc.judiciary.gov.ph/?p=169021
Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=168894
Read the Separate Opinion of Associate Justice Alfredo Benjamin S. Caguioa at https://sc.judiciary.gov.ph/e-01742-e-01747-separate-opinion-justice-alfredo-benjamin-s-caguioa/
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