Tuesday, October 17, 2006
Court junks appeal on decision allowing probe on Ultra stampede (12:42 p.m.)
MANILA -- The Court of Appeals (CA) has dismissed the motion for reconsideration filed by executives of television giant ABS-CBN to restrain the Department of Justice (DOJ) from proceeding with its preliminary investigation on the Feb. 4, 2006 stampede during the first anniversary celebration of the noontime game show “"Wowowee”" at the Philsports Arena in Pasig.
In a three-page resolution penned by Associate Justice Arturo Tayag, the CA’'s Special Thirteenth Division affirmed its May 24 decision rejecting the petition filed by ABS-CBN executives led by Charo Santos-Concio, executive vice president and "Wowowee" host Willie Revillame.
"“After carefully considering the grounds or arguments stated in the subject motion for reconsideration, this court finds that the grounds and the reasons in support thereof have been already considered, discussed and passed upon in the questioned decision. Hence, there appears no valid or cogent reason to disturb, reverse or modify said decision,"” the CA said.
The CA affirmed the legality of Department Orders 90 and 165, dated Feb. 8 and March 8, 2006, which called for the conduct of a preliminary investigation against the network owners and show organizers.
The appellate court said conducting preliminary investigations are well within the functions of the executive department and that the findings of the secretary of the Department of Justice are not subject to review of the court unless these have been issued with grave abuse. (ECV)
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