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Wednesday, September 13, 2006
Scribe mulls raps v. board, governor for ban
By Lizanilla J. Amarga
A REPORTER will consider filing criminal and administrative charges with damages against the Misamis Oriental Provincial Board and even Governor Oscar Moreno for approving and signing a resolution "banning" him from covering the board sessions.
But Vice Governor Julio Uy said the resolution did not exactly call for a ban on the journalist from the session hall but only to "request" its media outfit to send another reporter.
There are now plans to also file disbarment charges against the three lawyers -- Moreno, Uy, and Board member Francisco Bade -- for alleged gross ignorance of the law and conduct unbecoming when they signed a resolution "patently seen as abridging the freedom of the press."
Senator Aquilino Pimentel and local media organizations Tuesday condemned this latest atrocity against press freedom.
Media groups are now gearing up to join this media practitioner's complaint as possible third party-interveners.
Cagayan de Oro Press Club (COPC) member Rogelio Bagabuyo has now offered his services to the concerned journalist.
Day in court
Early February this year, Provincial Board-Misamis Oriental minority floor leader Alejo Butch Olano issued a privilege speech on how Gold Star Mindanao Daily reporter Lito Rulona came out with an article that he allegedly lambasted Moreno on the Internal Revenue Allotment (IRA) mess.
The privilege speech was referred to several board committees that later on recommended for a resolution to request Gold Star Mindanao Daily to replace Rulona as one of its reporter covering the Provincial Board or to totally ban Rulona from the board sessions.
At that time, board member Henry Clyde Abbott said Rulona should be given his "day in court" and that the journalist and Gold Star Mindanao Daily be afforded their constitutional rights to due process through notice and hearing even at the committee level.
But everyone turned a deaf ear to Abbott's words and the resolution was signed by almost all Provincial Board members including Uy and Moreno last February 20.
Rulona attended the board session Tuesday and board member Oliver Actub reminded Uy of the existence of the resolution that Rulona should be booted out from the Provincial Board-Misamis Oriental session halls.
"He (Rulona) is totally banned," Actub said.
Unjust
Bade stood up and said there is no showing that the resolution has been earlier "repealed or nullified."
Abbott for his part defended Rulona quoting the Biblical passage: "Let the first man who have not sinned cast the first stone."
He then insisted that Rulona should not be treated "unjustly" and that he has the right to be around for the board session.
"The penalty imposed on him (Rulona) is too harsh...(that is) driving him out of the session hall," he said Tuesday.
Uy called for a one-minute recess whereby he conferred with Bade, Actub, and Abbott.
When the session resumed, Bade clarified that what Actub was manifesting was only a "reminder" to the chairman on a resolution that has not been repealed or controverted.
He however said the board cannot "deprive" Rulona of being physically present in the board session hall.
"But as to whether or not he will release officially some measures of this body, in his capacity as media practitioner, then that is another story," he said.
Counter
Rulona recounted how at that point when Actub insisted on banning him out of the board session hall, he would have also insisted on his right as media practitioner and taxpayer to stay.
"At that moment I would have really insisted that if they want me out then they have to carry me on my seat for I am not moving," he said.
Rulona told Sun.Star Cagayan de Oro that he is going to file charges against all concerned officials with damages.
He said Bagabuyo already discussed with him some aspects of the case and has offered to be his lawyer in the filing of a suit against these officials.
But Uy said the resolution is only a "request" to Gold Star Mindanao Daily to send another reporter instead of Rulona to cover the board sessions.
"How can a case arise from that resolution when it was only a request for Gold Star to stop Rulona from coming here," said Uy.
However, Gold Star Mindanao Daily editor-in-chief Herbie Gomez said he has never received a copy of the resolution.
Gomez said he has heard of the resolution, but added that he considered it a "stupid" and "nonsensical" resolution.
"That resolution was a request. As editor-in-chief, I deny their stupid request," he said.
Gomez said he is now in the process of talking with Rulona on their next move considering that this is a "blatant affront to press freedom."
He said they are looking into the filing of disbarment cases against all lawyers who signed the resolution considering that the same blatantly runs counter to the constitutional provision that no law should be passed abridging the freedom of speech and of the press.
"How in heavens name did they pass as lawyers...all those lawyers who signed are liable," said Gomez.
(September 13, 2006 issue)
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