Supreme Court Affirms Dismissal of Journalists’ Civil Suit Against Government Officials

CMFR/PHILIPPINES – The Supreme Court of the Philippines affirmed the dismissal of a civil suit filed by journalists and media groups against government officials for press freedom violations during and in the aftermath of the November 2007 standoff between government forces and the Magdalo group at the Manila Peninsula Hotel, Makati.

On 28 January 2008, 36 journalists and four media groups filed the P10-million (then approx. US$245,600) damage suit in response to the arrest of journalists and other forms of government intimidation that followed the standoff. CMFR is a co-petitioner in the suit. (See, “Journalists File Libel Suits to Stop Threats: Courts Issues Order Against Harassment“)

In a 15-page decision dated 01 October 2018, the First Division of the Supreme Court denied the petition asking for the reversal of the decisions of the Makati Regional Trial Court and the Court of Appeals dismissing the complaint for damages for lack of cause of action. The decision was posted online only in January 2019.

“We sustain thus the RTC’s and the CA’s finding that there is no prior restraint nor an impermissible regulation on the petitioners’ freedom of speech and of the press considering that respondents’ questioned acts were merely brought about by the exigencies of the situation and ultimately, were valid exercise of their authority so as not to compromise the safety of the civilians at the scene of the incident,” said the Court.

The Court ruled that the advisory issued by then Justice Secretary Raul Gonzales and the statements made by other high-ranking government officials on the possible criminal liabilities of journalists and their arrest did not constitute prior restraint. According to the Court, these were valid exercises of the government agencies’ authority. It also said: “Similarly, there is no indication, much less proof, of a chilling effect or violation of petitioners’ right to free speech or free press due to the taking of certain media personnel, who refused to heed the order to vacate the premises during the arrest of Trillanes’ group, to Camp Bagong Diwa for processing, debriefing, and documentation.”