The Supreme Court did not issue a restraining order enjoining Malacañang from implementing its 2018 ban that prohibits the reporters of online news outfit Rappler Inc. from covering any event attended by President Rodrigo Duterte.
In a resolution dated July 30 but only released on Wednesday, the SC instead required the Office of the President, including three agencies attached to it, and the Presidential Security Group to comment on Rappler’s petition filed last April.“The Court resolved to require the respondents to comment on the petition within 10 days from notice,” stated the resolution signed by Clerk of Court Edgar Aricheta.
Aside from the Office of the President and PSG, the other respondents are the Office of the Executive Secretary, Presidential Communications Operation Office and Media Accreditation Registration Office.
In its petition, Rappler and several of its reporters—Pia Ranada, Mara Cepeda, Raymon Dullana, Franklin Cimatu, Camille Elemia, Ralf Rivas, Baltazar Lagsa and Mauricio Victa—asked the SC to strike down for being unconstitutional the order of President Duterte banning its reporters from covering Malacañang and public events attended by the Chief Executive.
The petitioners argued that the order violated the Constitutional guarantees of freedom of the press, freedom of speech, due process and equal protection.
They also stressed that it constituted prior restraint on the press, which the high court earlier defined as any form of government restriction on the freedom of expression.
The petitioners said the ban abridged the freedom of the press and violated the equal protection clause for “singling out” Rappler and denying its reporters access to any and all newsworthy public events involving Duterte.
According to them, for a free and independent press, to be truly meaningful, requires its enjoyment of editorial independence to gather information obtained from sources free from any intervention or alteration by the government.
The petitioners said the ban violated the right of the press to self-regulate, adding that the constitutional guarantee to a free press includes the right to self-regulate, which includes the power to determine its membership and discipline its ranks.
They said this was embodied in Republic Act 4363 creating a Philippine Press Council and Presidential Decree 576 authorizing creation of print and broadcast media groups for self-regulation and internal discipline.
Ranada, who was assigned to cover the Malacañang beat, was first banned from entering the part of the presidential palace where press briefings were held in February 2018, an order she said she learned came from the President himself.
Shortly after, she was also barred from entering the entire compound and from covering any public event attended by Duterte.
Rappler said its field reporters were also banned from covering public events and gatherings attended by Duterte.
The President justified his action, saying it was based on the ruling of the Securities and
Exchange Commission that cancelled Rappler’s certificate of incorporation due to the latter’s alleged violation of the constitutional restriction on foreign ownership of the media.
The petitioners said the ban, although veiled as an “innocent regulation,” is actually a form of subsequent punishment done in retaliation to their stories—a violation of free speech and press freedom which creates a chilling effect on other journalists.
Later, 41 print and broadcast journalists as well as columnists also joined the petition as intervenors led by Solita Collas Monsod, John Nery, Ceres Doyo, Marites Vitug, Inday Varona, Lourd de Veyra, Marlon Ramos, Melina Quinto De Jesus, Vergel Santos, Florangel Braid, Luis Teodoro, Danilo Arao, lawyer Emil Maranon III, Tina Monzon Palma, Atom Araullo, Sandra Aguinaldo, Raffy Tima and Mariz Umali.