BY EVANGELINE DE VERA

THE Supreme Court is set to promulgate on Friday a ruling on a petition seeking to stop government from stopping the media from airing or playing the "Hello Garci" wiretapped conversations between President Arroyo and former elections commissioner Virgilio Garcillano.

The petition was filed in June 2005 by former solicitor general Francisco Chavez. It questioned an issuance of the National Telecommunications Commission and a warning of the Department of Justice that media entities will be criminally charged if they continue to play the "Hello Garci" recordings which the opposition is saying is proof that the Arroyo camp cheated in the 2004 presidential elections.

Court spokesman Jose Midas Marquez said there has been a preliminary voting among the 15 magistrates on the petition during the en banc session, but he declined to state the results.

Marquez said Chief Justice Reynato Puno directed all justices to submit their opinions and final votes on Friday. He further said that some justices cast their vote during yesterday’s en banc.

The high court acknowledged there have been premature media reports claiming that the result of the voting was 9-6 in favor of the Chavez petition, but said this is not official and final as some justices had asked to defer release of the decision until they have submitted their separate opinions.

"Prudence dictates that we should wait for the final decision. The Court will come out with a decision when it’s ready. The decision will be released on Friday. The final voting has been set on Friday. All opinions should be in on Friday," said Marquez.

Whatever the ruling of the tribunal will be, Marquez said the case would serve as precedent in cases involving prior restraint on the media.

In his petition for certiorari and prohibition, Chavez assailed the NTC warning to impose sanctions, including cancellation of license, against broadcast stations if they continued to air the Garci tapes, saying the warning would constitute an "unmistakable restriction on the exercise of free speech and the press."

Chavez also questioned the threat of Justice Secretary Raul Gonzalez to file criminal charges for violation of the Anti-Wire Tapping Act (R.A. 4200) against those who will be found in possession of the Garci tapes.

On June 11, 2005, the NTC warned radio and television companies they face possible sanctions if they aired the recordings, but it later backtracked saying the recordings may be aired but with the clarification that the information is unverified.

In the recordings, Arroyo was heard asking Garcillano about securing a million-vote lead over Fernando Poe Jr.