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.
"On January 8, 2010, in the exercise of self-regulation, petitioner decided not to retain Ms. Rosanna Roces as one of the show's judges. This was in connection with her other statements in a subsequent episode which were inconsistent with petitioner's views.
"On January 11, 2010, the last day for filing its Comment, petitioner received a copy of the assailed Order, also of even date, imposing a preventive suspension for a period of twenty (20) days prohibiting the television broadcast of "Showtime Live!".
"Hence, petitioner filed the present petition for certiorari arguing that the respondent committed grave abuse of discretion in rendering the January 11, 2010 Order considering that the said Order amounts to a prior restraint which is repugnant to the Constitution. Further, said Order was issued in blatant violation of petitioner's right to due process and that none of the essential requisites for the issuance thereof is present.
"We grant the prayer for the issuance of a temporary restraining order.
"It appears that petitioner's fundamental right to due process was blatantly transgressed by the respondent. It is clear in the Order dated January 5, 2010 that petitioner was given a non-extendible period of three (3) days within which to file their Comment and explain why no preventive suspension order should be issued to prohibit the further broadcast of "Showtime Live!". It is clear that a copy of said Order was received by petitioner on January 6, 2010. Thus, petitioner had until January 9, 2010 to file their Comment. But since January 9, 2010 is a Saturday, and pursuant to Section 1, Rule 22 of the Rules of Court, the last day for filing the Comment is on January 11, 2010, which Comment petitioner filed on said date. And without awaiting the lapse of the period to file Comment, respondent issued the assailed Order, without even considering the arguments of petitioner as can be clearly gleaned from the text of the Order.
"While there is no question as to the authority of respondent to issue a preventive suspension order (Section 3, Chapter XIII of the IRR of P.D. No. 1986), yet, in this case, it limited its authority to issue a preventive suspension order until its receipt of petitioner's Comment. By said Order, the respondent was bound to await the Comment of petitioner before issuing a preventive suspension order. However, without hearing the side of petitioner, it hastily issued the preventive suspension order.
"Further, so as not to render this petition moot and academic, the issuance of a temporary restraining order is warranted. Unless restrained, the preventive suspension order against the television program "Showtime Live!" for twenty (20) days will continue to run and before the instant petition could be resolved, the assailed Order would have been fully enforced, rendering the instant petition moot and academic. It should be noted that this petition merely assails the validity of the issuance of the preventive suspension order and not the actual penalty still to be imposed in the pending administrative case.
"For reasons afore-stated, and as prayed for by petitioner, let a TEMPORARY RESTRAINING ORDER be issued, as it is hereby issued, effective sixty (60) days from notice hereof, enjoining respondent MTRCB, including any and all persons acting in their behalf and under their command and authority, from continuing to enforce the Preventive Suspension Orderdated January 11, 2010 issued against petitioner, pending the resolution of the instant petition.
"In the meantime, respondent is given a period of ten (10) days from receipt hereof to file its Comment, not a Motion to Dismiss the petition, which shall be treated as its Answer should the petition be given due course. Petitioner may file their reply within five (5) days from receipt of said Comment.
"Within the same ten-day period, respondent is directed to show cause why the temporary restraining order issued should be lifted and why petitioner's application for the issuance of a writ of preliminary injunction should not be granted.
"SO ORDERED."
Showtime will return on air starting tomorrow, January 19.