PEP (Philippine Entertainment Portal) received a copy of the full resolution issued by the Court of Appeals with regards to ABS-CBN's request for temporary restraining order (TRO).

This request is in connection with the 20-day preventive suspension imposed by the Movie and Television Review and Classification Board (MTRCB) on the Kapamilya network's morning program, Showtime. (CLICK HERE to read related article.) 

The TRO was granted by the Court of Appeals because "[i]t appears that petitioner's [ABS-CBN] fundamental right to due process was blatantly transgressed by the respondent [MTRCB]."

The full resolution, written by Associate Justices Rosmari Carandang, Ramon Bato Jr., and Amy Lazaro-Javier, is published here as follows:

"This is a petition for certiorari with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction, filed under Rule 65 of the Rules of Court, seeking to annul and set aside, on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction, the Order dated January 11, 1010 issued by respondent Movie Television Review & Classification Board (MTRCB), the decretal portion of which reads as follows:

        'WHEREFORE, to preserve the status quo prior to 04 January 2010 and to prevent further probable violation of pertinent provisions of PID. No. 1986, a PREVENTIVE SUSPENSION ORDER is hereby issued against the television program "Showtime "Live" prohibiting it from further television broadcast for a period of twenty (20) days effective immediately. For this purpose, the corresponding permit to exhibit previously granted to the said television program is hereby cancelled.

        'Let a copy of this Order be furnished to the National Telecommunications Commission and other concerned government agencies for appropriate assistance in its enforcement.

         'SO ORDERED.'

"The instant case stemmed from a complaint filed by Atty. Jonathan S. Presquito, the Chief Legal Officer of MTRCB against petitioner ABS-CBN Broadcasting Corporation pertaining to the utterance of vulgar/swear language by Ms. Rosanna Roces in the television program "Showtime Live!" aired on January 4, 2010 over ABS-CBN Channel 2. Based on the Incident Report, the MTRCB Special Agents noted a comment of Ms. Rosanna Roces, one of the judges for the week, in "Showtime Live!" wherein she reacted to her co-judge Vice Ganda's comment - "pagkatapos mong maghiwalay, hinete agad ang ipinalit mo" to which Ms. Rosanna Roces replied - "Oo kaso di ka boses ni Ira Herrera sa race call, pero nag-enjoy ako. Walanghiya ka talaga, hayop ka, demonyo ka. Huwag kang ganoon, nangbubuko ka ever, di ka naman maganda, Vice Ganda lang pangalan mo", in probable violation of Section 3(c) of P.D. No. 1986.

"Summons and Notice of Hearing dated January 5, 2010 was issued by respondent MTRCB requiring petitioner to file their Counter-Affidavit to the Complaint within seven (7) days from receipt and to attend a preliminary conference on January 14, 2010 at the MTRCB Board Lounge.

"Respondent MTRCB likewise issued an Order dated January 5, 2010, in the following tenor:

           'Acting on the complainant filed by the Chief Legal Officer of the Movie and Television Review and Classification Board (MTRCB) in the above-captioned case, the respondents are hereby directed to file their comment within a non-extendible period of three (3) days from receipt hereof why no preventive suspension order be issued, as prayed for in the complaint.

           'The prayer for the issuance of preventive suspension order shall be resolved with or without the comment of the respondents, pursuant to Section 3, Chapter XIII of the implementing rules and regulations of P.D. No. 1986.

            'SO ORDERED.'

"A copy of this Order was received by petitioner on January 6, 2010.