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