The court noted that the defendants – the NTC, National Security Council and former National Security Adviser Hermogenes Esperon Jr. – failed to demonstrate the existence of any clear and present danger that would justify the blocking of the websites.  

MANILA – A local court in Quezon City granted the complaint for nullification filed by media outfit Bulatlat against the memorandum ordering the blocking of 27 websites.

In its decision dated November 18, 2025, Judge Catherine Manodon of Quezon City Regional Trial Court Branch 104 voided the National Telecommunications June 8, 2022 memorandum, declaring that the order constitutes content-based prior restraint.

“…[t]he NTC has no legal basis to issue the assailed Memorandum and its issuance constitutes an unconstitutional prior restraint in the form of a content-based restriction which violates the constitutional guarantees of free speech and expression,” the decision read. “By preventing the websites’ publication from reaching its audience, the NTC’s issuance effectively imposed censorship even before the alleged objectionable content could be subject to any judicial determination.”

The court noted that the defendants – the NTC, National Security Council and former National Security Adviser Hermogenes Esperon Jr. – failed to demonstrate the existence of any clear and present danger that would justify the blocking of the websites.  

While the court said it did not find evidence of total blockage of Bulatlat website, it  gave weight to the testimonies of subscribers, saying, “the Memorandum had a chilling and limiting on some readers’ access.” 

It added, “…[a]lthough “bulatlat.com” continued to publish content, the assailed Memorandum produced partial and uneven access disruptions that the Court cannot ignore.”

Timeline: The fight against website blocking in the Philippines

Anti-Terror Act not a basis

The court pointed out that the NTC erred in justifying the issuance of memorandum by citing the Anti-Terror Act of 2022 as legal basis. 

The court said Section 46 of the ATA merely enjoins government agencies to render assistance to the Anti-Terror Council in the performance of its mandate and does not in any way confer upon such agencies the authority to undertake actions that, by their nature, require due process. 

“To interpret Section 46(m) as granting such power would unduly expand the

scope of the law and sanction acts beyond the statutory limits of administrative competence,”’ the court said.

The NTC issued the memorandum ordering the blocking of 27 websites after receiving a letter from Esperon alleging that the 27 websites promote terrorism or are linked to terrorist groups without evidence. The court said the NTC should have observed due process by first giving notice and conducting a hearing. 

In her decision, Judge Manodon enumerated the functions of the NTC and asserted, “Its authority does not extend to the suppression of content or the restriction of access to online publications as contained in the assailed memorandum.”

Win for press freedom, free speech

In a statement, Bulatlat said the court decision is a big win for press freedom, free speech and free expression. 

“The local court’s decision unblocks all the 27 websites, making this a victory against state censorship, and against the use of “anti-terrorism” rhetoric to justify the violation of free speech and expression,” Bulatlat said.

The media outfit thanked its pro bono lawyers from the National Union of Peoples’ Lawyers (NUPL), subscribers, supporters, fellow journalists and human rights advocates “who amplified our demand to junk the NTC memorandum.” 

Bulatlat also thanked the international community, including UN Special Rapporteur on Freedom of Expression and Opinion Irene Khan, for calling out the Philippine government’s censorship. 

“We dedicate this win to the Filipino people, the marginalized and oppressed sectors, for whom we continue to exist,” Bulatlat said.