G.R. No.: A.M. No. 10-11-5-SC, A.M. No. 10-11-6-SC, A.M. No. 10-11-7-SC | Date: June 14, 2011
Case Parties/Title:

A.M. No. 10-11-5-SC: RE: PETITION FOR RADIO AND TELEVISION COVERAGE OF THE MULTIPLE MURDER CASES AGAINST MAGUINDANAO GOVERNOR ZALDY AMPATUAN, ET AL.
A.M. No. 10-11-6-SC: RE: PETITION FOR THE CONSTITUTION OF THE PRESENT COURT HANDLING THE TRIAL OF THE MASSACRE OF 57 PERSONS, INCLUDING 32 JOURNALISTS, IN AMPATUAN, MAGUINDANAO INTO A SPECIAL COURT HANDLING THIS CASE ALONE FOR THE PURPOSE OF ACHIEVING GENUINE SPEEDY TRIAL and FOR THE SETTING UP OF VIDEOCAM AND MONITOR JUST OUTSIDE THE COURT FOR JOURNALISTS TO COVER AND FOR THE PEOPLE TO WITNESS THE “TRIAL OF THE DECADE” TO MAKE IT TRULY PUBLIC AND IMPARTIAL AS COMMANDED BY THE CONSTITUTION
A.M. No. 10-11-7-SC: RE: LETTER OF PRESIDENT BENIGNO S. AQUINO III FOR THE LIVE MEDIA COVERAGE OF THE MAGUINDANAO MASSACRE TRIAL.

FACTS

On November 23, 2009, 57 people, including 32 journalists, were killed in Maguindanao, leading to multiple murder charges (Criminal Case Nos. Q-09-162148-72, Q-09-162216-31, Q-10-162652-66, and Q-10-163766) against 197 accused, including Datu Andal Ampatuan, Jr. The cases are being tried by Presiding Judge Jocelyn Solis-Reyes of Branch 221, RTC Quezon City, in Camp Bagong Diwa, Taguig City. Almost a year later, on November 19, 2010, the National Union of Journalists of the Philippines (NUJP), ABS-CBN, GMA Network, relatives of victims, journalists, and academics filed a petition (docketed as A.M. No. 10-11-5-SC) praying for live television and radio coverage of the trial, permission to use recording devices inside the courtroom, and the formulation of reasonable guidelines. On November 22, 2010, the National Press Club of the Philippines (NPC) and Alyansa ng Filipinong Mamamahayag (AFIMA) filed a petition (docketed as A.M. No. 10-11-6-SC) praying to constitute Branch 221 as a special court dedicated solely to the massacre trial and to allow video cameras inside the courtroom to beam signals to monitors outside. On the same date, President Benigno S. Aquino III sent a letter to the Chief Justice expressing support for the petitions for live broadcast. This was docketed as A.M. No. 10-11-7-SC. The Court consolidated A.M. Nos. 10-11-5-SC and 10-11-7-SC. The principal accused, Andal Ampatuan, Jr., filed a Consolidated Comment, with the OSG and NUJP, et al., filing Replies.

ISSUE

Whether the absolute ban on live television and radio coverage of court proceedings, as established in previous rulings (Re: Live TV and Radio Coverage of the Hearing of President Corazon C. Aquino’s Libel Case, 1991, and Re: Request Radio-TV Coverage of the Trial in the Sandiganbayan of the Plunder Cases Against the Former President Joseph E. Estrada, 2001), should be lifted to allow live broadcast coverage of the Maguindanao Massacre trial, subject to specific guidelines.

RULING

The Court PARTIALLY GRANTED the petitions pro hac vice (for this occasion only). It allowed a live broadcast of the trial court proceedings subject to specific guidelines, thereby modifying the previous rulings of absolute prohibition. The Court held that while the basic principles from the Aquino and Estrada cases—such as maintaining the dignity of the court, preventing the alteration of the trial’s atmosphere, and protecting the right to due process—remain firm, the rationale for an outright total prohibition was based on an unexplained fear of “serious risks.” The Court found that in the current day, these perceived risks could be addressed through compliance with exacting regulations rather than the curtailment of rights. It emphasized that regulation, not prohibition, provides a workable solution to balance the rights to press freedom and public information with the rights of the accused and the orderly administration of justice. The Court deferred action on A.M. No. 10-11-6-SC (the petition to constitute a special court and install cameras beaming to external monitors) for separate resolution.