Calida seeks gag order vs ABS-CBN
Credit to Author: Jomar Canlas, TMT| Date: Tue, 18 Feb 2020 16:20:09 +0000
Shut up.
This in essence was the message that the Office of the Solicitor General (OSG) wanted to convey to ABS-CBN Corp. when it asked the Supreme Court to issue a gag order against the network on Tuesday.
Solicitor General Jose Calida, in his Very Urgent Motion for Issuance of Gag Order, asked the high court to prohibit ABS-CBN from discussing the merits of the case filed against the giant broadcast firm.
He said both parties should not discuss the quo warranto petition he filed before the tribunal.
He cited the commentaries and news issued by ABS-CBN that tend to influence and gain public sympathy.
These include the video titled “Quo Warranto Petition laban sa ABS-CBN, ano ang ibig sabihin?” aired on Feb. 14, 2020, which “tend to influence public opinion and unfairly encourage the pre-judgment of the instant case — that in the event that the petition will be granted, the Filipinos will experience a sense of unjust treatment as they would be deprived of their favorite shows in ABS-CBN.”
The OSG also cited the video titled “Pagbabalita ng DZMM (the local radio station of ABS-CBN) binigyang pugay ng karaniwang Pilipino,” broadcast on TV Patrol on Feb. 16, 2020.
“Interviews were conducted from a few students eliciting from them biased answers in favor of ABS-CBN Corp.,” the OSG said.
Calida said discussions of the merits of the case is considered subjudice and any violation is a ground for a party to be cited for contempt of court.
“Any grievances must be ventilated through the proper petitions, motions or other pleadings before the courts. Our courts must be able to conduct its business in an orderly manner free from outside interference or influence,” the top government lawyer said.
“The Supreme Court has ruled that justices and judges are not immune from the pervasive effects of media. Respondents belong to the biggest media conglomerate in the country, whose artists and talents, impervious to the law, freely publish their comments,” Calida pointed out.
“We want a gag order to be issued in this case so that facts can be decided upon evidence produced in court and that the determination of such facts should be influenced by bias, prejudice or sympathies,” he added.
The Supreme Court ordered ABS-CBN to comment on the petition within a period of five days from receipt.
In his petition for quo warranto, Calida assailed the legality of ownership and transfer of shares of ABS-CBN Corp. and ABS-CBN Convergence.
He accused the network of violating the terms of its franchise.
Opposition
Some lawmakers, however, slammed Calida for seeking the gag order.
Albay First district Rep. Edcel Lagman, author of one of the 11 bills that aim to renew the network’s franchise, said freedom of expression is superior to the sub judice rule.
“If Solicitor General Jose Calida did not gag himself from advocating and filing a quo warranto petition against ABS-CBN Corp., why should he ask the Supreme Court to gag supporters and oppositors from expressing their views on the merits or demerits of his petition,” he added.
“After violating the freedom of the press by filing an unwarranted and misplaced quo warranto petition against the media giant, Calida is now transgressing the freedom of expression, both of which are constitutionally guaranteed rights,” he said.
Deputy Minority Leader and Bayan Muna Rep. Carlos Isagani Zarate said the move was “another measure to muzzle critics and the opposition from airing their views on the issue.”
“If SolGen (Solicitor General) Calida cannot take the heat then he should not have filed the harassment quo warranto case in the first place. He should have let Congress do its job in deciding the renewal issue of the ABS-CBN’s franchise,” he added.
“This is not just about the issue of renewal of ABS-CBN franchise, but even involve in large part the issue of freedom of the press and the further shrinking of democratic space in our country. SolGen Calida’s move is emblematic of the administration’s aversion to dissent and criticism,” the Davao-based lawmaker added.
Malacañang said should the court issue a gag order, it would cover everyone except lawmakers.
“Kapag gag order, kapag may order (If there is a gag order), everybody is covered except the members of Congress if they have a Senate investigation,” Palace spokesman Salvador Panelo said in a press briefing.
He noted that a gag order was necessary to avoid prejudgment in the case.
But lawmakers who would conduct an inquiry on the ABS-CBN situation would likely be exempted from the gag order.
“Members of Congress, if they are doing their duty, I don’t think they can be stopped from asking questions relative to the matter. Perhaps the resource persons can be covered, but not members of Congress,” Panelo said.
WITH DIVINA NOVA JOY DELA CRUZ AND CATHERINE VALENTE