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Wednesday, January 23, 2008
SC defers 'amparo' petition of journalists
MANILA -- The Supreme Court (SC) deferred the grant of a temporary restraining order (TRO) to the petition for the writ of amparo filed by journalists over media arrests in connection with the Peninsula standoff last year.
The SC instead ordered respondents to file their respective comments within 10 days upon receipt of the court notice.
Sun.Star Network Online's coverage of the Sinulog 2008 Festival
A group of journalists from ABS-CBN network earlier asked the SC to issue a permanent protective order enjoining government authorities from charging and prosecuting them in connection with their coverage of the November 29, 2007 siege at the Manila Peninsula Hotel in Makati City.
Court Spokesman Jose Midas Marquez said the SC magistrates did not grant the TRO as they would like to be clarified on certain ambiguities in the relief that petitioners, led by broadcaster Ces Oreña-Drilon, raised in their petition.
Marquez said petitioners failed to explain thoroughly if they were seeking a writ of amparo or a simple prohibition against alleged harassment of authorities in the performance of their duties as journalists, adding that a prohibition is a component covered by the writ of amparo.
"There are requirements for the issuance of the writ of amparo and prohibition. The clarification will come after the comment of respondents is filed," he said.
He said aside from the perceived ambiguous relief sought by ABS-CBN, the court did not think that there is an imminent danger or actual threat on the part of the petitioners that warranted the issuance of a TRO.
"The court takes the allegations seriously, but then these allegations have to be proven and have to be substantiated. And based on the allegations, the court is also taking into consideration the actual reality that can happen," he said.
In their petition, Drilon and 10 other members of the ABS-CBN news team who went to cover live the walkout of detained Senator Antonio Trillanes IV from the Makati Regional Trial Court (RTC) to the takeover at the Manila Peninsula Hotel claimed their constitutional rights have been violated when they were arrested following the seven-hour standoff.
Named respondents in the suit were Interior Secretary Ronaldo Puno, Justice Secretary Raul Gonzalez Sr., Police Chief Avelino Razon Jr., Police Director Geary Barias, and Police Chief Superintendent Asher Dolina.
The petitioners said their arrest not only violated their basic rights to liberty and security, it also violated the people's right to free speech, free press, and right to information.
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.
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, they said, compelled them to file a petition for writ of amparo due to constant harassment that respondents have been doing to them. (ECV/Sunnex)
For more Philippine news, visit Sun.Star Bacolod. (January 23, 2008 issue)
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