PROBE TV Banta laban sa malayang pamamahayag: http://www.probetv.com/view_video.php?viewkey=f914b95a0fc33c3f33bf
Click here to my MediaMax file to read the full text of the two complaints. Titles are “media complaint filed with Makati RTC” and “Prohibition petition filed with SC” .
More than a hundred journalists and four media organizations today filed two separate suits against officials of the Arroyo administration including the Philippine National Police to be allowed to do their job of informing the people the truth about what is happening in the country.
In the first suit, filed before the Makati Regional Trial Court Court, the petitioners were immediately granted a temporary restraining order against the respondents “to refrain and desist from issuing threats of arrests or from implementing such threats againsts Plaintiffs and/or members of the media who are covering events similar to the Manila Pen standoff and ordering and maintaining the status quo ….until the issues presented inthis instant suit are resolved by teh Court.”
The second suit was filed before the Supreme Court.
Malaya reports on the twin actions taken by journalists:
Stop threats to media,court tells gov’t men
by Ashzel Hachero and Evangeline de Vera
A Makati court issued a 72-hour temporary restraining order against several Cabinet, police and military officials in response to a P10 million class suit filed yesterday by print and broadcast journalists in connection with the standoff at the Manila Peninsula Hotel last November.
A separate TRO petition was filed by a group of media men before the Supreme Court accusing government officials of gravely abusing their discretion and making statements that tend to threaten, stifle, intimidate or convey warnings to the press that they will incur possible criminal liabilities or face arrest should they refuse to toe government line in the coverage of news developments.
Makati Judge Winlove Dumayas, in issuing the TRO, directed the respondents “to refrain and desist from issuing threats of arrests or from implementing such threats against plaintiffs and or other members of the media who are covering events similar to the Manila Pen standoff.”
About 50 media practitioners were arrested and “processed” at the Metro Manila police headquarters in Taguig City after the Pen incident.
Named respondents were Secretaries Raul Gonzalez (justice), Ronaldo Puno (interior) and Gilbert Teodoro (defense); Gen. Hermogenes Esperon, Armed Forces chief; PNP chief Avelino Razon; Director Geary Barias, chief of the Metro Manila police; Chief Supt. Luizo Ticman, chief of the Southern Police District; Chief Supt. Leocadio Santiago Jr., head the Police Special Action Force that led the assault on the hotel; and Senior Supt. Asher Dolina, chief of the PNP Criminal Investigation and Detection Group-National Capital Region.
Puno and Gonzalez have threatened media with arrest if they interfere in military or police operations. Teodoro has defended the assault on the hotel and the arrest of media men.
Razon Jr. said the filing of the class suit will be a chance for the police organization to defend itself in the proper forum.
He said the PNP has no plans of filing counter-charges.
Esperon said it was good the journalists went to court to settle the issue but said he has “never threatened anybody from the media.”
Asked if he was not surprised he was included as respondent when he was not directly involved in the Peninsula operations, Esperon said: “That’s okay so that it can be settled. In the first place, I trust our courts.”
The complainants said Esperon issued “veiled threats that the military would go along with the PNP in investigating journalists who block the enforcement of law.
Deputy presidential spokesperson Lorelei Fajardo said while it is the right of the media to seek legal remedies, “we feel it is unfortunate that certain media personalities should pursue this path.”
She said the standoff was a learning experience both for the media the government and showed the need come up with “acceptable measures” that would enable all concerned bodies to perform their tasks.
CONTINUING THREATS
Police authorities have said the arrest was intended to identify legitimate media practitioners from members of the Magdalo group who they alleged were faking media identity to escape authorities during the November 29 standoff led by Sen. Antonio Trillanes IV, a leader of the Magdalo that staged the Oakwood mutiny in July 2003.
Magdalo leader Capt. Nicanor Faeldon escaped during the six-hour standoff. Police said a reporter might have aided Faeldon.
The complainants charged the officials for “impinging on press freedom” and their “continuing threats” against media practitioners.
The case, to be raffled among Makati RTC judges Thursday, was filed by 36 print and broadcast journalists and four media organizations – Philippine Press Institute, National Union of Journalists of the Philippines, Center for Media Freedom and Responsibility, and Philippine Center for Investigative Journalism.
The damages sought by the suit are P500,000 in actual damages, P5 million in moral damages and P4.5 million in exemplary damages.
COSTLY
The media practitioners said the case was meant to drive home the point that it would be “costly for those who would abuse the power momentarily entrusted to them by the sovereign citizens of this land.”
The complainants said they were arbitrarily arrested by the police because there was no probable cause to believe they were committing or had committed an offense.
They noted they were not formally charged or informed of their rights by the authorities when they were hauled to the Metro Manila police headquarters.
They also said that after the incident, Puno, Esperon, Gonzalez, Razon and Teodoro continued to make “threats” or warnings” to arrest or charge media practitioners who “ignore or interfere” in the conduct of police or military operations.
They said that such threats have a “chilling effect” on the exercise of their rights under the Bill of Rights.
NOT FOR THE MONEY
NUJP chairman Jose Torres said the journalists are not after the money. If they win the case, he said, the money would go to a trust fund for the defense of journalists facing legal actions related to the performance of the jobs.
“What we are fighting here is the battle for press freedom in the country,” he said.
Lawyer Harry Roque said the TRO was necessary to “prevent these officials from harassing” journalists in the course of their work.
“This should serve as a warning to all that the Philippine press, the individuals and groups that compose it, have passed the stage of issuing statements and will supplement such campaigns for public awareness with the use of legal means,” he said.
NO FORUM SHOPPING
Lawyer Jose Manuel Diokno said the suit is different from the petition for amparo and prohibition earlier filed by 10 ten ABS-CBN employees led by senior reporter Ces Drilon.
He also said the filing of the new suit does not constitute forum shopping since there were an entirely new set of petitioners and the new petition sought a new relief.
The group asked the Court to declare as a blatant violation of the Constitution Gonzalez’ “media advisory” on sanctions to be faced by media if they interfere in police and military operations. The undated advisory was made public January 11. – With Raymond Africa, Victor Reyes and Jocelyn Montemayor
Click here for Inquirer story on the suits
Related story: 100 provincial journalists join class suit
Of course, and as usual, nothing will come out of this action. As expected the court will come out with a solomonic decision, half of it will appease the journalists, and the other half will appease the other side.
I’m hoping na ang mga media practitioners natin eh mag-kaisa sa labang ito at ang Masang Pilipino ang handang sumuporta till the end of this EK standoff.
Remaining 2years of her governance, sigurado marami pang mangyayari sa Pinas? Magpakatatag kayong lahat sapagka’t ang labang ito eh para sa tunay na kalayaan ng ating Bansang Pinas.
Mabuhay kayong lahat!
Ni hao ma balweg/valdemar
I’m really getting frustrated to see these news. Why is the media and isolated personalities from the military the only ones taking on this corrupt government officials? Where are the opposition senators, congressmen, governors, mayors, etc? Where are our political leaders? Why so quiet?
Gloria and her cabals: Stop threatening the media and the ordinary citizens, hindi kami natatakot!
Jug,
Kiko and Loren issued late statements…noong umatras na ang kapulisan at si Gunggong. Sasakay na lang sila sa triumph ng media against them bugbugeros!
Oh, the politicians are busy for the 2010 face off, as if meron!
Go hao, Jug! Enjoy your trip in China. Ingat ka lang sa mga magnanakaw. Nandiyan iyong mga kababayan ni Pidal! Bwahahahahahaha!
Balweg,
“Remaining 2years of her governance, sigurado marami pang mangyayari sa Pinas?”
With all the warning signs being thrown at us by Gloria’s military and police, beyond 2010 pa sila sa EK!
Now, majority of the CBCP support Gloria d’Corrupt. Hindi sila pwedeng humiwalay sa bulsa ng babaeng Pidal. Ang responsible media at tayo na lang ang lumalaban.
Media is our last bastion of hope, kaya I support media and don’t care about the opinions of others against them.
Only 72 hours for TRO? That’s too short. Dapat 72 weeks or months. Dapat indefinite while the case is in progress. Anyway, better than nothing. Never in the history has this been this serious even during the Marcos time…Media vs PNP/Government. What a way to go!
Jug,
I’ve been wondering too: “Why is the media and isolated personalities from the military the only ones taking on this corrupt government officials?”
Your above question is also my question and the question of everyone who cares about the country. Why only the media and a few personalities? CBCP has just issued its pastoral statement no longer calling for GMA’ resignation. What a big turn around from the previous statements. Worse, the CBCP now blames the Filipino people for the country’s corruption and moral decay. Where are the other groups too? Cory’s, Civil Society, Hyatt 10? This is the time to join forces and hit thse crooks in the Palace real hard by at least using the legal route. Kung magkagulo man sa huli, hindi nila masisisi ang mga tao sa kanilang gagawin kahit na patayan na!
Jug, batuhan mo naman ako dito ng tig-iisang FC-1 “Chao Qi” and JF-17 Thunder para naman mairigalo sa AFP.
Kasi naman eh bumagsak na naman yong isang helecopter ng Airforce sa Cebu, buti nalang magaling yong pobreng Piloto at nakaiwas sa disgrasya pero ang helecopter eh nawarat.
Buti ka pa eh panay ang higop mo diyan ng green tea/black tea, mayroon bang gold tea diyan.
Marami bang Intsik diyan! Joke joke joke….enjoy lang!
Comrade Brownberry, ano sila lang ba ang pwedeng tumawag ng comrade tayo din di ba! Walastik tuliro na talaga ang pag-iisip ng Masang Pinoy kasi nga eh ang mga alagad ng Simbahah dedma lang sa mga nangyayari sa ating lipunan.
Ano ba yan, imulat nýo naman ang inyong puso sa tunay na kalagayan ng ating bansang minamamahal. Ang sabi ni Lord eh ganito paki intindi po mga kgg. na Obispo, kung sinuman ang nagkasala sa kanyang kapwa, before ka magdala ng handog sa Panginoo eh unahim mo munang puntahan iyong pinagkasalahan mo at sa ka ikaw bumalik sa Panginoon at pagpapalain tayo.
So, kaya nagkakandaloko-loko ang Pinas eh yang mga magagaling nating taong-gobyerno eh ang daming kasalanan sa Masang Pilipino pero makikita mo yan todo pustura at nasa harap ng altar ng Panginoon. Hoy mga ano, ang sabi ni Lord humingi muna kayo ng tawad sa inyong pinagkasalahan at saka kayo magsilhod sa aking altar. Nag Iám sorry nga pero wala sa kaibuturan ng puso.
Ayaw ha, o sige -0 na ang iyong trust rating at no. 1 pa na kurap sa buong Pinas. Kita nýo walang kapayapaan ang taong bato ang puso!
Jug, bayaan mo na lang muna yong mga issues sa Pinas at sagot ka namin. Kami na ang bahalang pumitik sa mga pasaway at SSP.
Enjoy ka lang diyan at pagnadaan ka kay Gat. Jose Rizal eh ikumusta mo na lang kami at pakisabi na wala daw kwenta yong pluma na ginamit mo sa pagsulat ng Noli at Fili. Parang kwentong barbero at kutsero daw yong PEN standoff et.al. at ikumpara pa sa isang Magtataho ang Masang Pinoy na ang nais lamang eh pagbabago at hustisya na ikaw ang larawang buhay sa mga problema na kinahaharap ng minamahal mong Pinas.
Sa aklat ng Mateo, hindi lahat na tumatawag ng “Panginoon, Panginoon” ay makakarating sa Kanyang Kaharian. Kaya Ka Balweg, I advise you to refrain from mentioning and calling the name of the Lord. Comrade na lang..tayo na lang. Hoy, joke lang huwag kang masaktan. I know deep in your heart how much faith you have in God. That now brings me to another story when two old people were killed yesterday during the mass healing of this famous Fr. Suarez. Kung talagang nagmimilagro itong Pari (parang bading kung kumilos), bakit hinayaan niyang namatay iyong dalawang kawawang matanda? And why did he not resurrect them? Dahil sa tinding kahirapan, sa mga milagro na lang umaasa ang mga tao. Yet, as warned in the Bible, not all who perform miracles are from God. Even the devil can perform miracles to deceive the people. The devil can even transform himself as Christ or as a Bishop…or as a Cardinal. Beware of false prophets…
Maiba ako ng kaunti, did you hear that Sen. Ted Kennedy has endorsed Obama? Mabigat iyan. Sigurado na si Obama as Democrat candidate. Whether he would win as US President, that’s another question.
Oh my God, balitang aatras ang number one witness na si Rodolfo Lozada sa ZTE Senate hearing this week. Lozada knows a lot about the deal because he’s under the office of Neri. May death threats daw si Lozada at umiiwas din sa tsismis na lover siya ni Neri. The other one, Joey De Venecia finally changed his mind not to appear anymore. Nagtagumpay ang ama niyang si JDV na umatras…kapalit ng Speakership niya? Iyan na nga ang sinasabi ko…mula sa mga jueteng hearings noon hanggang dito sa ZTE, walang mangyayari!
No ‘pork’ for Lacson, Trillanes as Congress OKs budget for ’08
abs-cbnNEWS.com
BB,
Alam mo ba kung bakit umatras si Lozada? Galit si Ping kay Cayetano dahil napag-usapan na raw nila na isekreto si Lozada pero ibinunyag ni AC sa media. Ayun, as usual ay hinanting ng EK, binusalan at tinakot.
Kung tutoong ginawa iyan ni Alan, simpleng traidor din iyan. You know what? The way I see it in the Senate opposition today, only Pimentel and Lacson are the true opposition. Kahit na si Jinggoy hindi tayo nakakasiguro. Si Lacson lang at si Pimentel ang tunay….isama na natin si Trillanes na nakakulong.
Bakit 72-oras lang ang temporary restraining order? Pagkatapos ng 72 oras puede na silang buweltahan. Bitin o tinimbang ngunit kulang. Dapat hangang matapos ang kaso.
Inutel inside ang Blue Ribbon Committee ni Sen. Alan Peter Cayetano. Bakit kailangan pang ibunyag sa media ang kanyang secret-surprise witness? Alam ng taumbayan kung paaano tinatakot o binabayaran ang mga testigo kontra Gloria Tiyanak. Palpak o kakampi ng administrasyon itong si Alan Cayetano. Nagka-hudasan na!
I agree, mukhang sumama na ata sa dark side si Cayetano. Hindi bobo si Cayetano, so that leaves us na traydor lang siya…
Oo nga naman, bakit 72 hours lang? So ibig sabihin, sa 72 hours and 1 second na, nakaabang na mga pulis na arestuhin ang medya sa opisina o bahay.
ang sabi ngayon ng CBCP (yong samahan ng mga Bishops sa atin) kasalanan din daw ng mga Filipinos kaya may corruption..gusto ni FVR&JdV ng cha cha ang mga tao titango nila (tanga na gago pa!) at ngayon ang sabi naman ng mga bishops “let’s here we go round the mulberry bush” buti pa mag boogie woogie marino style na tayo…
In politics and in crime, there are no permanent friends nor permanent enemies. Everyone has the freedom of change. The CBCP, too. The administration has a growing change in its fundings, too, enough to buy back hostile witnesses back into its fold everytime. Who sez it could not afford some media people.
FYI…In case you don’t know, the newly appointed Comelec Chairman Melo is from Pampanga. You may ask “What’s wrong for being from Pampanga?” Well, pasensiya na sa atin mga kaibigan Kapampangan. My point is not to criticize the people from Pampanga per se, but to show that GMA could have partly based her choice of Melo for being a cabalen. As you know, GMA’s team is infested with Kapampangan for reason only she knows. Kung sa bagay kahit noon pang panahon ni Cory, puro cabalen din ang mga tauhan niya. Pero at least noon panahon ni Cory, may mga matitino naman Kapampangan. Ngayon, every choice that GMA picks from Pampanga is always viewed with suspicion.
Mabibigat ang mga abogado, Harry Roque at Chet Diokno. Puwede ba mag-isponsor ng isa pa, para kay Siraulo lang?
I highly recommend our atty here solely for Gunggongsalez.
Maitanong ko lang: Pro-bono ba ang service nina Roque at Diokno?
Oo nga naman, bakit 72 hours lang?
********************
Seventy two hours is enough time to have the case raffled to a judge, who will hear the arguments for and against. If he/she is convinced, the judge will issue a preliminary injunction, which is essentially, a TRO valid while the case is pending.
After both sides have been heard, the case will be decided, whereby , the judge will either issue a permanent injunction, or deny it and lift the preliminary injunction.
Looks like a good fight to me. Mukhang okay din si Dumayas. Hopefully, ma-raffle sa kanya.
Bantayan ang raffle. Diyan nag-mi-milagro, na daig ang Our Lady of Lourdes.
Thanks, Atty. You are such a big help in making us understand legal complexities and nuances.
As to BB’s question: “Maitanong ko lang: Pro-bono ba ang service nina Roque at Diokno?”
I signed on the case filed at the Makati RTC. I know that Atty. Roque is doing this case pro-bono.
In the case filed before the Supreme Court, Atty. Diokno is also being helped by Atty. Theodore The.
Thanks Ellen. Malamang puro pro-bono silang kahat. Mga fans siguro sila ni Novo Bono, remember this singer of the 70s? Kidding aside, ang mga abogadong nabanggit mga human rights lawyers. Iba ang ipinaglalaban nila…so I could say they may be offering their services for free. Mabuhay silang lahat!
Atty, 72 hours lang ang TRO kaya’t tatanggapin mo ang kaso? Eh magkano naman ang singil mo sa isang oras? 72 hours lang pero baka P10,000 ang singil mo bawa’t oras at bawa’t isang journalist…
Press statement of Sen. Mar Roxas:
Senator Mar Roxas said the cases filed today by members of the media against officials of the executive must be met by openness on the part of the government to a dialogue with the press.
“We are glad that this has been brought into the judicial process but this could only resolve the debate over legal principles rather than the operational issues that are the crux of the situation,” Roxas, the Liberal Party President, said.
“I urge the proper authorities to engage the media in an earnest discussion on rules of engagement that would adhere both to constitutional standards and national security imperatives. That should not be so difficult to do if both sides have the will and creativity to find common ground,” he said.
Roxas said that unless this is resoved, “there will always be questions on the quality of press freedom—and democracy as a whole—in this country.”
“The Philippines has one of the highest number of journalists murdered per year. Libel suits against journalists—especially those just meant to harass them—come left and right. We’ll remain ‘partially free’ unless we work to protect press freedom,” he said.
Journalists, represented by the National Union of Journalists of the Philippines (NUJP), the Center for Media Freedom and Responsibility (CMFR) and Philippine Press Institute, filed a media class suit at the Makati Regional Trial Court against Interior Sec. Ronaldo Puno, Justice Sec. Raul Gonzalez and police officials, for the arbitrary arrests of journalists during the Peninsula standoff last November.
A separate petition was filed by the newsmen this afternoon at the Supreme Court, seeking protection from threats of arrest in light of the Peninsula incident. Early this month, the Justice department released an advisory to media warning them of possible criminal liability in the coverage of future events similar to that in the Peninsula Manila.
The Senator has filed Senate Bill No. 110 to decriminalize libel, noting how mediamen have been prone to such threats of imprisonment as a means of harassment or blackmail.
Narinig niyo ba ang comment ni Raul Gunggongsalez? Sabi niya:
The media just wants publicity.
Etong si matandang amoy lupa, kahit kailan ayaw magpatalo. May sagot sa lahat na issue.
Brownberry:
Were I in the Philippines, pro bono din ang appearance. Bihira ang ganitong pagkakataong mag-appear sa magiging landmark case.
It will be a landmark case because it is a case of first impression – whether or not a threat of criminal prosecution is a prior restraint on the media.
Manalo o matalo man, this case will be discussed by freshman law students (diyan tinuturo ang Constitutional law).
Madaling maglaho ang pera. But to put your name in the lawbooks, hanggang kaapu-apuhan mo mababasa yan.
Paano iyan e di kasama si Harry na magpo-prosecute sa reklamo na kasama ng PCIJ ni Sheila? Tignan mo nga naman. Pagkatapos mapahiya nung abugado sa Amerika, ipagtatanggol pa sila. Libre pa! Yan ang tunay na makabayan.
Mabuhay ang kapitbahay ko!
The Senator has filed Senate Bill No. 110 to decriminalize libel,
***********************
Mayroon pa bang naka-demanda ni Fat Slob for libel? Bakit hindi gawing depensa ang unconstitutionality of libel as a criminal offense? Yan pa ang isang landmark case.
Marami ang Pinoy and US jurisprudence na nagsasabing Congress can only punish action. Speech is never punishable because to punish it would be to contravene the Constitution. Kaya sa Tate, libel is only a basis for a civil suit.
Ito ang mas exciting na laban, lalo’t nag-fle-flex ng independent muscles si Puno. I bet they are just waiting for the proper case to come up to the Supreme Court, so they can pronounce criminal libel as unconstitutional. Hindi na kailangan ng bayarang Congress.
Nasaan ang mga young lawyers? Palo. No guts no Gloria. Si Raul, all guts no brain.
BB,
Ako sigurado kay Nene Pimentel and Sonny Trillanes. Iyan ang mga tunay. Ewan ko si Lacson who may be held by the neck by his party of affiliation. Tama ka sa assessment mo doon sa dalawa. Magiging tatlo pa iyan kapag nakapasok na si Koko sa Senado. Kaya ipagdasal natin na magamit niya ang talino niya na hindi lang mapatalsik si Kadiri kundi makasuhan pa for electioneering and other election violations. God help him!
Glad to hear about FOCAP adherence to principles, rules and regulations of news reporting that I know Batnag herself uphold and adhere to. Of course, I am happy that they are backing her up, and so will Jiji Press, I hope and suppose.
as mentioned before – media has gone out of the box literally – no matter that the issue is of national security in nature – no matter that they do aid the destabilizers / rebels with no regard to what is better for the general public – no matter that they be in the line of fire (live ammunition) – no matter that they almost look funny – more akin to paparazzi than professional journalists, BASTA MAKAPAG COVER LANG. how low can MEDIA stoop just to cover the story? at the end of the day “Pera pera lang”.
for the record – MAKATI RTC ang nag issue ng TRO? e sino ba ang hari sa makati? i wouldnt be surprised if mag issue ng warrant of arrest kay GMA ang makati rtc (considering immune from suit ang presidente basta nakaupo pa…)…helllooooo….does this TRO from a makati rtc validate the wanton misbehavior and paparazzi like attitude of media? tsk tsk tsk….
I am for the decriminalization of Libel. But it should be done by Congress, not the Supreme Court.
Also, I find it the brazen height of shameless self-service for a newspaper like the Philippine Daily Innuendo, which is the Accused in literally hundreds of criminal libel lawsuits, to be praising the Supreme Court for saying only fines and no jail terms should be given in cases of libel.
It’s like bank robbers praising a circular requiring banks to publish the combinations to their safes.
The Supreme Court has prejudged these cases with an impeachable mass advisory opinion. What lowly judge would dare impose jail sentences now?? No wonder the Accused in those cases is so enthusiastically oiling and buttering up the Supreme Court with the promise of undying glory in 88 point headline type, painting the unelected Justices in the colors of Press Freedom’s heroic self-aggrandizement.
How can the legal carpenters and constructors on the High Bench resist such emoluments or blandishments? Shown the various instruments of reward and punishment on an issue dear to the hearts of the commercial enterprise that is journalism, the Justices are bound to succumb to their own worst daemons.
Ellen,
How many active libel cases against PDI? 800? 900?
Against ABSCBN Maybe 8 or 9.
I wonder why?
atty,
undelivered palagi ‘yung mga email ko sa iyo.
anyway, salamat sa pagtugon mo sa panawagan ko at kung meron man akong problema ay ilalapit ko rin sa iyo kahit sa pamamagitan nitong bahay ni ellen.
Atty36252 says:”Ito ang mas exciting na laban, lalo’t nag-fle-flex ng independent muscles si Puno. I bet they are just waiting for the proper case to come up to the Supreme Court, so they can pronounce criminal libel as unconstitutional. Hindi na kailangan ng bayarang Congress.”
Reminds me of this celebrated case of journalist-lawyer Emil Jurado for his lengthy attacks on the judiciary hoodlums in the time of FVR and CJ Narvasa forcing the latter to create an Ad Hoc committee to investigate Jurado’s allegations which included the Magnificent 7 in Makati RTC, another Magnificent 7 in the SC and the Dirty Dozen among the Metro judges. I remember a foreign writing specialist gave the opinion at the time that Justice Hugo Gutierrez’ decision was actually penned by a PLDT lawyer judging from the style and sentence construction. To cut it short, Jurado was cited for contempt for failing to attend the committe hearings and for not substantiating his “false” reports, among other things a 36-head vacation by Justices and their families in Hong Kong sponsored by PLDT, and a party in Equitable Bank with four SC justices.
Three Justices dissented with the majority: Padilla, now Comelec Chairman Melo, and the third one who eloquently defended freedom of speech against the right to private honor and reputation. He said,
“I bewail the precipitate majority ruling that a newsman has an unqualified option to reveal the confidential source of his information for its inevitable effect is to discourage people from giving confidential information to the press. Again, the impairment, of the flow of information to the public will suffer an irreparable harm.”
He goes further by saying,
“If the light of print continues to be a strong deterrent against government misdeeds, it is mainly because newsmen have an unimpeded access to information. On many an occasion, these confidential sources of information are the only leads to government malfeasance. To fashion a rule derogatory of the confidentiality of newsmen’s sources will result in tremendous loss in the flow of this rare and valuable information to the press and will prejudice the State’ s policy to eliminate corruption in government.”
Finally, the most telling one is,
“I appreciate the genuine concern of the majority against certain abuses committed by some members of the press. Be that as it may, the abuses of some newsmen cannot justify an overarching rule eroding the freedom of all of them….Abusive newsmen are bad but laundered news is worse.”
Guess who is this third Justice, DJB? SCCJ Renato Puno!
——————————-
Read t whole text here: http://www.chanrobles.com/cralaw19958.htm
Ellen:
I will email you from another account (excite.com not yahoo) some thoughts about the complaint for damages.
Atty, why don’t you share that info with other bloggers here instead of sending an e-mail to Ellen? Is it confidential? Pardon me, but there seems to be the practice of some members here mentioning in this forum about sending e-mails to Ellen as if such info are not important to other bloggers. We are as interested, atty. Pasensiya ka na…buti pang sabihin na lang kay Ellen through e-mail kesa babanggitin pa dito di ba?
That’s what happened to juggernaut recently na medyo pinuna ko din. Let’s refrain from mentioning here “I’ll send to e-mail…”. Kung private at confidential, huwag nang banggitin dito at mag-communicate na lang kayo sa e-mail. This is supposed to be a forum opened to everyone. Again, excuse me if I bring up this matter. Kasi para sa akin, hindi medyo maganda ang magpapalitan ng info o sikreto man na babanggitin pa dito. Naiinggit kasi ako !
Correction: “I’ll send an e-mail…” Atty, pasensiya ka na kung pinuna kita. Gusto ko lang ilagay sa dapat ipaglagyan ang ganitong uri ng discussion group. If you know one another’s e-mail, all you need to do is to write him or her instead of stating it here. Kasi parang nadi-disregard kami niyan lalo na sa mga tsismosong tulad namin ni Balweg.
Tongue,
I only have a counter-quote from Anonymous:
Do unto others as you would have them do unto you!
The issue to me is not PRESS Freedom.
The issue to me is POLICE Freedom, which the good but hard-headed media folks suppressed.
As a follow up to my comment and observation above, what if I write: “I’ve in my possession info about the ZTE deal, JDV’s inevitable ouster, Esperon’s real reason for his extension, Pidal paid for GMA’s Duabi hotel bills, Erap is confirmed to run in 2010, Legarda joins the administration, etc…but I would send the info to you by e-mail.” Hindi ba nakakainggit at nakakaintriga iyan? Huwag na lang ipaalam at banggitin dito sa blog if you don’t have the intention of sharing it. I hope I’ve made my position clear on this matter. Idaan niyo na lang sa sarili niyon e-mail huwag na po dito. Peace !
Brownberry:
Point well taken about private email.
Kaya ko lang sinulat dito dahil if I send from my other email, baka ma-delete ng email spam filter. so I wrote it here para malaman ni Ellen to expect from the other email account.
It is not confidential, it is about the complaint filed at the RTC. Kaya lang, gusto ko munang itanong kung okay sa lawyers nila, ang aking two cents. Mahirap maka-offend.
Sabi ni Ellen she will post the complaint. Kapag na-post na, then I will post my comments on it. Ngayon, hindi pa posted ang complaint, so in deference to complainants’ lawyers, sa partidos muna ang tungo ng aking mga comments.
Atty, ang message at humble reminder ay hindi lang naman para sa iyo but to all bloggers as well. Hindi lang kaw, si Jug kundi may ilan din diyan na para bang may personal access sila kay Ellen. Again pardon me, it doesn’t look good to a blog like this that’s opened to all. You know what atty? You’re the best thing that ever came to this blog. Your input, legal or personal, is a big help to this blog. We sure all appreciate your help and contribution. Salamat naman at hindi mo minasama ang pagpuna ko. Mabuhay ka atty !
The reason why we have to notify certain people to expect an e-mail is for them to check their e-mail.
Please don’t be insecure about it, BB.
Salamat Ellen. Kaya din naman ako enjoy dito sa blog dahil kahit anong puna tinatanggap. Hindi naman sa insecure ako…inggit lang. Kung may balita sana i-share naman dito. Checking their e-mail? To the one the info is being sent or to all? Kasi kung para sa lahat bakit sa e-mail pa idadaan puwede naman dito sa blog i-post. But then, I understand that there could be some info that are confidential and legal in nature. Naiintindihan ko din naman iyan…
Brownberry wag mong ikalulungkot pag wala tayong e-mail galing sa kanila, marami naman tayong spam e-mails hayon ang hirap mag delete sobra ang dami, yaks!
Di ba morethan e-mails itong thread na pinag-uusapan natin sa Ellenville alive na alive di ba!
Kita mo kumpleto sa rikado ang mga news ni Maám Ellen at ang sarap pagsaluhan, nakakabusog at nakakaluwag ng damdamin.
Ang dami nga na iyong napapaligaya dito sa Ellenville at ako nga eh nag-eenjoy sa iyong interaction, higit pa sa e-mail ito.
Tuloy ang ligaya!
Sa mga tsismosong tulad natin Balweg, nakakainggit kung hindi tayo kasama sa palitan ng kanilang private exchange of info. By the way, how do we get access to each blogger’s e-mail address. Tulad sa iyo Balweg…if I want to greet you Happy Valentine, how and where do I send my e-mail? Nakakahiya naman kung dito pa kita babatiin…
OO nga naman Kgg. Brownberry, dapat ang Ellenville ay maging isang ulirang tahanan na dapat igalang ng sinuman.
Ito ang tagpuan ng mga Pinoy na nagnanais at gusto lamang magpahayag ng kanyang saloobin at hinanakit na di nabibigyan ng pansin ng ating Pamahalaan.
Ang Ellenville community ay siyang magbubuklod sa lahat ng Pinoy na naninirahan sa apat na sulok ng Earth upang pag-usapan ang anumang bagay para sa ika-uunlad ng Bayang Pilipinas.
Dito natin mapag-uusapan kung ano ba ang maganda sa ating Bayan at kung ano ang ating maitutulong sa pag-unlad nito.
Bayaan mo there is way na magkarating sa bawat isa ang ating e-mail address. Maám Ellen can help us about this matter!
If you want to get regular emails from Ellen, type your addie in the box at the right upper corner of this page and hit “subscribe”.
Teka, nabuhay na si Magno! Na-resurrect ni Father Suarez! Akala ko nalunod ka na sa Red Sea.
Lets face the fact that many truths started from chismis. Chismis is a science, like a theorem. Good thing we start to realize that libel can now set you free. Along this line journalist thrive. Those who failed got shot. The ghost of the living and the dead in many cases unburied many crimes. But sad to say, more crimes are covered quickly in our present system yet.
But then, tsismis sometimes turn out to be true. As they say, if there’s fire there’s smoke…ooopsss, baligtad yata.
chi: “Gloria and her cabals: Stop threatening the media and the ordinary citizens, hindi kami natatakot!”
Mas epektib siguro ito: “Keng leyon keng tigre ale ko tatakut, keta pang babi!”
Click here to my MediaMax file here to read the full text of the two complaints. Titles are “Media complaint filed with Makati RTC” and “Prohibition petition filed with SC” .
Atty, the full text of the two complaints are now posted here.
Thank you Ellen:
After the community has had time to read it, I will post my comments, so that the ideas are share.
Sorry. Should be shared.
Ellen and Atty,
I tried to log on several times to the link you provided above, “prohibited site” daw!
chi, the link has a dot before the http… Remove it that’s the link. It then brings you to the login page. Now if you can hack ellen’s password (the username is easy) then you’re in. Hahaha.
Hahahaha! OK, I’ll do it, Tongue.