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Thursday, July 28, 2005
Radio network files P1M suit against mayor
By Lizanilla J. Amarga
CAGAYAN DE ORO CITY -- Radio Mindanao Network Inc. (RMN) filed a P1 million damage suit against Valencia City Mayor Jose Galario Jr. after he cancelled the station's permit to operate.
RMN was able to get a 72-hour temporary restraining order (TRO) from the court against the closure order issued by Mayor Galario.
Regional Trial Court Judge Josefina Gentiles Bacal also ordered Mayor Galario to appear in court Thursday to explain why the stop order should not be extended to 20 days.
The filing of the damage suit arose from the order of Galario issued Monday canceling the business permit of RMN's dxVR FM station in Valencia, Bukidnon on the basis that one of its radio commentators, Jose Dignos, violated a city ordinance.
Following the closure order, RMN area manager James Jadormio through their counsel Butch Bagabuyo filed Tuesday an injunction with prayer for a restraining order and a P1 million damage suit.
Bagabuyo said Galario's closure order was made without due process and is a blatant violation of the Constitution.
He said the closure order was issued last Monday and is set to be implemented Wednesday.
"Hence, there was no due process accorded to RMN. Nagtuo siguro kini si Galario nga martial law pa karon ug ang tanan niyang gusto matuman (Galario might be under the perception that we are still under Martial Law and he could do anything he wanted)," he said.
Bagabuyo said RMN has been serving the entire country for over 50 years now, which means "it is indeed a strong and credible" radio company.
He said if Galario has something against Dignos then he should file a civil or criminal complaint against the radio commentator and not order the closure of the radio station.
Counter charges
In a separate interview, Mayor Galario Wednesday threatened to file a P10-15 million suit against RMN and a separate case against Dignos.
"Kagamay anang P1 million! Ako mag-file ko ug P10-15 million damages against sa RMN next week (The P1 million is too small. I will file a P10-15 million against RMN next week)," he said.
The city mayor added that he will also be filing a separate case against Jose Dignos. It was not clear though what case Galario would be filing against RMN and Dignos. Galario also said he expected the issuance of the TRO.
"Natural raman kana (That is only natural)," he said, adding that he would heed the court's order to appear Thursday and explain not just why the TRO should not be extended to 20 days but that the charges filed by RMN against him should be dropped.
The court in issuing the TRO said there is an "urgent and extreme need for immediate action to prevent an incalculable and/or irreparable damage" to RMN with the implementation of Galario's order revoking the radio station's business permit effective Wednesday.
Bacal's order pointed out how RMN has been in the business of radio broadcasting for more than 50 years and has established several radio stations in Bukidnon for 25 years in Malaybalay and for over a year now in Valencia.
"That by reason of the business permit issued, plaintiff (RMN) has also entered into contracts with third parties as well as with the entire populace of Bukidnon and without any due process and in utter bad faith respondent, on July 25, 2005, served a notice revoking/canceling the said business permit," her order read.
"Finding the prayer for TRO to be meritorious as there is an extreme urgency such that the TRO will be issued to prevent grave injustice and irreparable injury to arise, the relief prayed for is hereby issued ordering the defendant named above to cease and desist from implementing the subject order of revocation/cancellation of its business permit," it added.
RMN is not the first radio station in Valencia City ordered closed by Galario.
The mayor earlier ordered the business permit of dxMV-Radyo Ukay cancelled after he took offense against the sharp criticism directed at him by radio station commentator Arlyn Ayon in 2003. Ayon is now a member of the Valencia City Council. (Sun.Star Cagayan de Oro/Sunnex)
(July 28, 2005 issue)
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