JOURNALISTS who filed a P10-million class
suit against the government suffered a legal setback on Thursday
after the Makati regional trial court Branch 56 denied their
petition for a new temporary restraining order (TRO) prohibiting
the arrests of media persons covering incidents such as the Nov.
29 standoff at the Manila Peninsula Hotel.
Makati RTC Judge Reynaldo Laigo said the
government's advisory warning journalists of arrest and criminal
liability 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 in his
six-page ruling. "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 plaintiff-journalists, who were among
those arrested during the police assault on the Makati hotel,
requested for the extension of the 72-hour TRO Executive Judge
Winlove Dumayas issued last Jan. 28, citing the continued
threats against their right to freedom of speech.
The journalists particularly cited the Dec.
11 advisory of Justice Secretary Raul Gonzalez warning reporters
that they would be arrested if they ignore authorities' orders
during a crisis situation.
But the Makati court said the respondents'
public pronouncements are just a reminder of or congruous with
the prevailing provisions of Article 151 of the Revised Penal
Code on resistance and defiance of authorities.
Laigo said this 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 ruled.
The court will rule on the journalists'
application for a writ of preliminary injunction on Feb. 20.
Named respondents in the class suit, aside from Gonzalez,
were Interior Secretary Ronaldo Puno, Defense Secretary Gilberto
Teodoro, AFP chief Hermogenes Esperon, PNP chief Avelino Razon
and other police officials. - Ashzel Hachero
