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The Makati Regional Trial Court (RTC) denied the petition of
journalists who filed a P10-million class suit against the
government for a new temporary restraining order (TRO) to prohibit
the arrest of mediamen covering incidents like the November 29
standoff at the Peninsula Manila hotel.
However, the court has set the
plaintiff-journalists’ application for the issuance of preliminary
injunction on February 20 at 2 pm.
In a six-page ruling, Makati RTC Judge Reynaldo
Laigo said the government’s advisory which warned journalists of
arrests and criminal liabilities if they hinder police and military
operations does not constitute a “threat” that would prevent
them from doing their jobs.
“The plaintiffs have failed to show the
existence of a right which stands to be violated should the court
not yield their application for a TRO,” Laigo said.
“It is a rule that injunctive relief such as
the TRO may be resorted to in order to protect or preserve the
rights of a litigant during the pendency of the principal actions.
However, before an injunctive writ can be issued, it is essential to
show the existence of a right to be protected,” the judge
explained.
The Makati court pointed out that the
government-respondent’s public pronouncements were just a reminder
or congruous with the prevailing provisions of the law, or Article
151 of the Revised Penal Code which is about resistance and
disobedience to a person in authority.
Laigo said that law also applies to members of
the press and that such public pronouncements do not specifically
curtail the press’ freedom of speech.
“It must be stressed that there is nothing
therein which would in effect bar or forbid the plaintiffs from
freely discharging their usual tasks as such members of the press,
by covering and making reports on any incidents akin to that of
Manila Pen standoff that paved the way for defendants’ having
issued those public pronouncements, that may occur in the future
involving massive police or military operations,” the court’s
ruling stated.
Besides Justice Secretary Raul Gonzalez, also
named respondents in the P10-million civil suit were Interior
Secretary Ronaldo Puno, Defense Secretary Gilberto Teodoro,
National Police Chief Avelino Razon, and Armed Forces Chief
Hermogenes Esperon.
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