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Tuesday, January 22, 2008
Journalists seek 'amparo' over media arrests
MANILA -- Saying their arrest was illegal, a team of journalists from ABS-CBN network asked the Supreme Court (SC) to issue a permanent protective order enjoining government authorities from charging and prosecuting them in connection with their coverage of the Peninsula standoff last November 29, 2007.
In a petition for the issuance of the writ of amparo and prohibition, 11 network employees led by broadcaster Ces Oreña-Drilon said they are left with no other recourse but to seek the writ to prevent authorities from making threats of, future warrantless arrests, and acts of harassment of petitioners and other journalists in the legal performance of their work.
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The group accused respondents Local Government Secretary Ronaldo Puno, Justice Secretary Raul Gonzalez Sr., Police Director Avelino Razon Jr., Police Director Geary Barias, and Police Chief Superintendent Asher Dolina of violating their constitutional rights when they were arrested along with Senator Antonio Trillanes IV and his supporters after the seven-hour standoff.
The petitioners said their arrest not only violated their basic rights to liberty and security, but it also violated the people's right to free speech, free press, and right to information.
"We appeal to the Supreme Court to immediately declare our arrests illegal and to issue a permanent protection order to restrain government authorities from enforcing any form of prior restraint on the press in the form of thinly veiled threats of government sanctions or 'reminders' of criminal liability," the petitioners said.
They added that allowing similar conduct from respondents in the future breaking news events and situations would intimidate journalists and hamper the effective exercise of their duties, which are crucial in upholding freedom of speech and of the press, and of the right to information.
Petitioners further claimed that the illegal arrests and acts of harassments were intended to intimidate, scare, cow, and bully them and other practicing journalists in the country.
The group pointed out that the arbitrary and illegal arrests of journalists after the Peninsula siege turned out to only be the first step as PNP chief Razon later on "trivialized a violation of the Constitution as a mere 'inconvenience.'"
Secretary Puno further added insult to injury by telling journalists that they would arrest journalists again in similar future situations.
On January 11, Gonzalez issued a media advisory to news organizations warning that they face criminal charges if they disobeyed orders from authorities during "emergencies" further sending a chilling effect to the media.
These developments, petitioners said, compelled them to file a petition for writ of amparo due to constant harassment that respondents have been doing to them.
"We believe it's our duty to unmask the veiled threats and continued harassment of the press by the government for what it is. Moves to limit press freedom and censorship are no longer a temptation for government. It is a reality that we have to expose and stop," the group said in a statement read by Drilon.
"These developments have far-reaching consequences because every journalist reporting on a conflict situation now has to worry that he or she may be arrested and treated like a common criminal just for doing a job," Drilon added.
Asked if she felt alluded to statements issued by police about a lady reporter who allegedly aided fugitive Marine Captain Nicanor Faeldon during the standoff, Drilon said her conscience is clear.
"The manner by which the government is insinuating without naming names means that every journalist is a suspect. It is an attack on our credibility. They have not filed a single case on those who chose to stay (inside the hotel)," she said.
But Gonzalez said the filing of the suit before the SC was a means to preempt the government before authorities could file charges against those suspected of sympathizing with destabilizers.
"I think they (journalists) are trying to prevent being charged, but I'm happy that it has now reached the SC as the high court has the power to promulgate rules," Gonzalez said, adding that it will lead to the establishment of ground rules on the use of the writ of amparo once the SC handed its verdict.
The justice secretary also clarified that he is not asking journalists to stop from covering sensitive events but rather from becoming obstructions in ongoing operations, which he likened to an executive session, which the media should respect.
Malacañang officials welcome the journalists' filing of the writ of amparo.
Presidential Management Staff Director Cerge Remonde, a former chairman of the Kapisanan ng mga Brodkaster ng Pilipinas (KBP), said they respect and welcome the petition filed by broadcasting network ABS-CBN.
Remonde said he expects the future court decision to be "very instructive" for both media and government.
"It should be welcomed as an opportunity to ventilate the issues devoid of passion but strictly on the merits of the facts and the law," he added.
Press Secretary Ignacio Bunye, who was a journalist and lawyer before entering politics, said while they respect the right of media to bring their complaint before the courts "which is the proper forum to settle the issue," they expect the police to defend themselves and justify that their actions during the
Manila Peninsula standoff "were well within accepted rules of engagement."
Bunye said they expect a "win-win" situation to come out from the court action as the future decision would help clear and resolve gray areas as well as provide a better "understanding of how we should act in specific, particular cases." (ECV/JMR/Sunnex)
For more Philippine news, visit Sun.Star Manila. (January 22, 2008 issue)
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