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OSG asks SC to dismiss journalists’petition for amparo

Government lawyers said Puno, Razon, Gonzalez et al were thinking of the safety of the officers when they were ordered to vacate the hotel. My foot!

From Malaya:

by Evangeline de Vera

The Office of the Solicitor General asked the Supreme Court to dismiss the consolidated petitions for Amparo and prohibition filed by print and broadcast journalists led by Ces Drilon and Raoul Esperas in connection with the arrest of mediamen at the height of the Manila Peninsula standoff last Nov. 29.

Named respondents in the case were Executive Secretary Eduardo Ermita, Justice Secretary Raul Gonzalez, Interior Secretary Ronaldo Puno, AFP chief Gen. Hermogenes Esperon, PNP chief Director Gen. Avelino Razon, Defense Secretary Gilberto Teodoro, PNP-NCR chief Geary Barias and PNP-CIDG chief Asher Dolina.

Assistant Solicitor General Amparo Cabotaje-Tang argued before the high court that press freedom to cover an event must yield when it obstructs lawful police operations, pointing out that petitioners have no constitutional right of special access to a crime scene.

“The right to freedom of expression, including the right to freedom of the press, is not absolute but subject to the limitation of the police power of the state. The incidental restriction on media people’s freedom to cover an event is not greater than the right of the state to self preservation,” she said.

Tang further stated that petitioners cannot use the limited Philippine Amparo to declare an arrest illegal or enjoin future prosecution, even executive issuances done in accordance with law.

“If petitioners are questioning the legality or illegality of their detention or arrest during said incident, their proper recourse may be any or all of the following: filing of a criminal case against the apprehending officers or an administrative case against them, but not through a limited writ of amparo,” said Tang.

The OSG insisted that there was no harassment or violation of petitioners’ rights; respondents merely sought to ensure petitioners’ safety when they directed mediamen to vacate the hotel while they arrested the personalities who had walked out of a court hearing but the latter refused to heed these calls.

In their consolidated petition, the journalists sought to enjoin respondents from enforcing the DOJ advisory issued last Jan. 11 constituting prior restraint on the media and to restrain respondents from effecting and threatening future warrantless arrests against petitioners and other reporters.

Case records showed that on Nov. 29, 2007, Sen. Antonio Trillanes walked out of the hearing on his coup d’etat case at the Makati regional trial court, taking with him Brig. Gen. Danilo Lim who was testifying that day. Backed by armed Magdalo soldiers, Trillanes and company marched to the Manila Peninsula where he had called reporters to meet him for a press conference.

Both the PNP and the DILG asked the reporters and called up news desks to get them out of the hotel before the lapse of the 3 p.m. deadline and the arrest of the Magdalo soldiers. The reporters defied the police ultimatum and were subsequently arrested then released after a few hours.

Last Jan. 28, some 56 media personalities petitioned the SC to issue a temporary restraining order enjoining government officials from issuing media advisories for journalists to refrain from covering police and military operations. The group said the SC should exercise its power of supervision to protect basic rights and freedoms. – Evangeline C. de Vera

Published inMediaMilitary

11 Comments

  1. chi chi

    It’s abvious that the Arroyo-Pidal mafia was emboldened by the SC pro-Neri decision.

    Tingnan natin kung KATUTA-TUTAAN na ni Korap Gloria ang Supreme Court. If the SC puppets gives weight to the ‘panlolokong’ alibi of the 3 Gloria stooges, magtagpu-tagpo na sila sa impierno!

  2. Valdemar Valdemar

    I saw again at the MGM channel “Underfire” where its the lookout of the journalists to preserve their own skin on both sides. Journalist could also make or unmake a leader. But i could never happen around here.

  3. parasabayan parasabayan

    As expected, the courts are all corrupted by the evil bitch! There will be no decisions made against the evil bitch and her lap dogs. If this case was filed by asppweron or any of the evil bitches’ dogs, baka meron pang positive decision.

    The evil bitch and her dogs will do anything to protect their queen and themselves, of course! All these under the guise of “justice”. As far as I am concerned, “Lady Justice” already took her blindfold off and tipped her scale to the other side seven years ago! It is so sad for the Filipinos but this is the sad reality-INJUSTICES are now legalized by a bastardized justice system! Everyone in the evil bitches’ kingdom are batting for one another. The bottom line is they are all in cahoots with each other just to protect their illegal leader!

  4. happy gilmore happy gilmore

    it is the natural order of things for the few to lead the many. never has been an incident in history that the many lead the few. even in the animal kingdom, the few lead the many (in a lion pride, the male lion dominates, in a gorilla troop – the silverback is the leader). chaos emanates when the many attempt to lead the few. those who are in power now were once in the opposition – but our problems remains unsolved because the root cause of our problems are systemic and cultural.

  5. Mrivera Mrivera

    glorilya is enjoying the free services of so many spooksmen/women. there are a lot of them in the house of representaTHIEVES, the SINate, in the new korte ng SOBREna, in all corners of the society and elsewhere with the insensitive stooge happygilmore leading the pack and the lately from the corrupted bishops for the corrupt president.

    ably influencing them are the likes of ermitae, titing bunye, gagonggonzalez, loreLIE fartjardo, apoostool and many others who make themselves remote controlled ass licking robots of the pidal household.

  6. Writ of Amparo petition gustong i-sabotahe? Tangna talaga!

    Sino ang sumulat sa Korte? Si ASG Amparo Cabotaje-Tang!

  7. Ensure the safety daw, e niratrat nila yung hotel nang hindi nila alam kung sino ang maaring tamaan sa loob. Ulul.

    Tapos tinalian pa ng cable tie yung mga kamay nila! Parehong-pareho nung ginawa kay Lozada, VIP security daw pero ipinasyal sa tapunan ng mga sina-salvage!

  8. Bakit naman kasi nang binago nila ang Constitution hindi nila inisip na ibahin ang pagbibigay ng sobrang power to appoint lalo na sa Supreme Court at maging iyong mga Speaker of the House and Senate President sa pangulo lalo na kung katulad ng sinungaling na magnanakaw pa at mandarayang katulad ni Gloria Balasubas y Dorobo? Tignan ninyo naman ang ginawang pambababoy ng inutil sa bansa! Ngayon balak pa yatang darak na lang ang ipakain sa mga pilipino na gusto pa yata nilang magawa sa kanilang mga baboy sila.

    Ngayon abuso dito, abuso doon ang ginagawa ng mga bobong kabisoteng ina-appoint ng animal sa Supreme Court. Susmaryosep naman!

  9. Tarantado talaga ang mga ungas. Iyong mga journalists wala namang hawak kundi panulat at papel at iyong mga taga-TV, natural iyong mga camera, etc. na kailangan sa trabaho nila. Ang linaw naman ng ginawa ng mga inutil na pagulong-gulong pa raw na akala mo gumagawa ng war moview complete with amplifier pa ng putukan na one-sided naman.

    Nagpa-practice yata ang mga duwag kung papaano kalalabanin ang mga intsik kung sugurin nila ang Pilipinas. Kunyari kasama nila ang mga kano, magpapaputok ng katulad ng ginawa nila sa Manila Peninsula complete with amplifier para akala mo talaga wa-ready ang Pinas. ‘Lol talaga!

  10. Valdemar Valdemar

    Tongue,
    Kailangan nila ang mga basyo upang ipagbili sa magbobote.

  11. Mrivera Mrivera

    happy gilmore Says:”…….., those who are in power now were once in the opposition – but our problems remains unsolved because the root cause of our problems are systemic and cultural.”

    mali ka, happy.

    mas lamang na personal ang dahilan kaya kami naghihirap ng ganito.

    PERSONAL na pangungurakot ng ngayo’y mga nakapuwesto lalo na ang kagalanggalang mong panggulo!

    happy, sobrang pitong taon, isipin mo. walang ipinagbago. mas nalulublob pa sa pagdarahop ang mga pobreng walang mapassukang hanapbuhay at walang makunan ng ipangpupuhunan upang kahit paano ay makasalba sa pang-araw araw na pangangailangan.

    sa halip na isipin kung paano maglingkod nang maayos sa bayan ay pagpapayaman ang inuuna ng mga walang budhing hinuhuthot ang kaban. puro utang. kabikabilang utang na wala namang pinupuntahan kundi ang kanilang mga hindi na yata napupunong lukbutan.

    sino ang magbabayad?

    kaming mga dukha at karaniwang mamamayan!

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