Siguion Reyna Montecillo & Ongsiako

October 14, 1999 Siguion Reyna Montecillo & Ongsiako 9 & 10/F Philcom Building 8755 Paseo de Roxas Makati City Attention : Attys . Cesar P . Manalaysay & Rommel U . Mercado Gentlemen: This refers to your letter requesting for a ruling confirming your opinion that Diwa Asia Publishing Group, Inc. with a purpose clause quoted hereunder, is not engaged in " mass media ". LibLex "To carry on the business as proprietors and publishers of specialized magazines, journals newspapers, periodicals, books, pamphlets and literary works, designed to cater to the interest and needs of a specific class of readers and in this connection, to carry on the business of printers, booksellers, bookbinders, stationers, engravers, photographers, photographic printers, stereotypes, lithographers; to prepare and manufacture cuts, to buy, sell, own deal in and with all materials, implements of any and every character necessary or useful in connection with its business." (Emphasis supplied) It is your position that the kind of publication the above-named corporation engaged in does not fall within the scope of the term mass-media as it is solely engaged in a specialized publication, particularly in the publication and distribution of educational books and magazines confined only to a "special group" , the primary and secondary students . In short, the publication materials to be disseminated are not intended to reach the general public. It is to be noted that the Department of Justice (DOJ), in one of its opinions relative to mass media clearly states that the " distinctive feature of any mass media undertaking is the dissemination of information and ideas to the public, or a portion thereof . (DOJ Opinion No. 24, s. 1986 citing previous Op. No. 120, s. 1982). While the kind of publication referred to in your letter is not designed to reach the "general public", they also tend to affect and influence the "students" way of thinking and lifestyle, who are "part of the general public" . It is thus opined that the present business of the corporation falls under the term "mass media" as contemplated by the Constitution. There is a valid reason that the constitutional limitation should be applied in the present case taking into consideration that the students, to whom the publication materials are intended to be disseminated, play an important role in determining the future destiny of the nation. This opinion is in line with the obvious intent of the Constitutional restriction which seeks to ensure that "mass media", which play an important role in the national life as they influence public ideas and way of life, are free from foreign influences. However, please be advised that if the company merely does the printing of the books or magazines without necessarily without going into publication, distribution or marketing thereof, it is not subject to the constitutional restriction. However, it has to amend its purpose clause by limiting its business activity to printing. cdlex Very truly yours, (SGD.) FE ELOISA C. GLORIA Associate Commissioner