In a legal first, Quezon City judge
issues TRO on PCIJ blog

eh!

and EDSA 1 and 2 are bannered as the hilt of DEMOCRATIC RESOLVE!?

as in…….

WE ARE FREE!!!!!!! WE ARE THE CHAMPIONS!!!!! WE ARE NOBLE!!!!
WE ARE HEROES!!!!!

daw!!!!!!!!!

aruy!

first order temporarily restraining free speech in the form of blogging – opens the floodgates to rulemaking restricting each blog’s free-wheeling.

…indeed it is very saddening to be banned from publishing or posting by judge ralph s. lee presiding…when bloggers’ rights he should be protecting.

paeng lee is a good buddy of Rep Defensor father of mike,
so what do you expect,they just want to remove that 12 august
PCIJ post for the reason that it is being read not only here in the Philippines but also around the world.
ano na kaya nangyayari sa bansa natin.sobra na ang sama ng mga leader natin,umpisahan mo ke JDV,I remember when he was campaigning for Pres vs Erap,he said,”now our country is free from
debt,graduate na po tayo sa mga utang sa IMF” another one is.
“we just hit an oil in the south and because of this we are now to start harvesting fund for the good of our country”
that`s how lier`s are our leader,isa sa mga bata na sinungaling na
ehemplo ay si Mike Defensor,just to protect the fake pres GMA.
also here in 3rd district of QC,we all know that his father did not win
the election.ang totoong nanalo po dito ay si Coun Daza,its in the record.
hope God will punish you all evil pretending to be a good leader,
but the truth is this is your scheme to rob the peoples money.
sana magising na ang masang pilipino.
mabuhay po ang pilipinas.

Alecks,

If there is any consolation, Ralph Lee is pretty much a straight shooter. While I think what he did was constitutionally unsound, he will turn around. The guy is a pretty decent fellow.

The problem with most judges of lower levels, though no fault of their own, is that issues of constitutionality are rarely touched upon because it can always be raised on appeal and they are more the province of the Court of Appeals or the Supreme Court.

This case however is novel in that it is the first time that a blog is being restrained. Expectedly, the justices will again resort to US jurisprudence for a parallel review, if any, especially on the nature of blogs.

Incidentally, if the lawyers of Jonathan Tiongco will get wind of this particular blog, you may be dragged again and be cited for contempt on the ground that your case is sub judice and on a further ground that this blog is not objective news reporting of a court case. Then, you will have the opportunity to lecture his lawyers and Judge Lee.

By the way, you cannot be cited for contempt if Jonathan Tiongco reads in this comments section invectives spewed on the judge or on him. Free speech and all. Also, since we are not respondents to the case, the court has no jurisdiction over the commenters. He has already made a faux pas once, hopefully, he wont make another one.

[...] More here. [...]

Tiongco, Ador Mawanay … people who craved their 15 minutes of fame. oh well …

[...] In a historical first in the Philippine blogosphere, the PCJI blog has been served a Temporary Restraining Order by the Quezon City Regional Trial Court. [...]

Is it possible that some judges in the Philippines are corrupt or can be bought?

All I can say is THANK YOU PCIJ for existing–an enlightened entity that helps our country attain a Philippine Renaissance!!!!!

VIVA PCIJ

Google still has a cached image of the concerned blog post, in case readers need to revisit it. Here’s the link.

[...] From Yuga, I catch his blogging first: legal action against a blog (Don’t panic, it was only a matter of time). A QC RTC has ordered the PCIJto remove a blog post. [...]

[...] We interrupt our regular SEO programming to bring you a first in Philippine blogging. Dark times. [...]

PCIJ = “Enemies of the State” raw according to GMA’s ISAFP.

will they ask google to remove the cached version of PCIJ’s post too?

CPR covers blogging, too? Yikes! It just shows the effect and influence bloggers have!!! In the final analysis, who are the LOSERS? the TIONGCOS, and Judge RALPH S. LEE!!!!! Ang pikon talo?

Just keep the faith, PCIJ. It’s the last laugh that will count…and we’re just right behind you…

[...] The Philippine Center for Investigative Journalism today removed blog this post from its blog after Quezon City Regional Trial Court Presiding Judge Ralph S. Lee issued a temporary restraning order against PCIJ, a first in the Philippine blogging history. [...]

This has very serious repercussions for bloggers everywhere, not just in the Philippines. And that scares me.

[...] Quezon City Regional Trial Court Presiding Judge Ralph S. Lee issued a temporary restraining order against the Philippine Center for Investigative Journalism (PCIJ). The media group was ordered to remove a blog post on the credentials and background of Jonathan Tiongco, the “audio expert” presented by Sec. Michael Defensor to question the authenticity of the Hello Garci tapes. The post, though, is still cached in Google and can still be read and downloaded. PCIJ plans to question the order in the Supreme Court. Padayon PCIJ! Read the rest of the story at the PCIJ blog. Technorati Tags: blogging gloriagate journalism pcij Related posts in Leon Kilat: The Cybercafe Experiments Coming soon from PCIJ: podcastsPhotos of PCIJ blog conferencePosting with FlockPCIJ shines through blogAnother great WordPress themeOff to Manila for PCIJ blogging summitPCIJ, Newsbreak dominate Jaime V. Ongpin Awards for Excellence in JournalismIn the capital, desperate to try out Flock by Max | posted in Asides Trackback URL | Comment RSS Feed Tag at del.icio.us | Incoming links [...]

[...] Philippine circus has a new show. This time the Supreme Court and the pinoy bloggers are on it. Read episode 1 here. [...]

here’s also a snapshot taken by yahoo Phils. through alltheweb search engine…

SINAMPOLAN

Such bad news: “IN A LEGAL FIRST, A QC JUDGE ISSUES TRO ON PCIJ BLOG”
(here’s an excerpt of the bad news…)
“…..IN compliance with the order of the Quezon City Regional Trial Court (RTC), the Philippine Ce…

This is clearly a question of rights to privacy versus freedom of speech. A fine time to crop up with the TRO when this Administration is already saddled with charges of human rights violations. For a change, can’t they do it the other way around like denying the TRO so the petitioner will go to the Appeals court or the SC to get the final rulling ? Abuso nang masyado ang TRO.

I’m not a lawyer, but I find it hard to believe the blog posts as intrusion into one’s private life. Tiongco disrobed himself of his right to privacy when those criminal charges were brought to the court of justice where all proceedings become public. Just as the papers report the news of those proceedings as a matter of press freedom, the readers too have the right to receive those information.

I find no malice in PCIJ blog which confines its story strictly on Tiongco’s credentrials as audio expert and his background. Nothing was said about his family to cause them harm or embarrassment. If at all, the wife should have blamed the husband for causing them grief and not PCIJ for writing that news.

I recall a court ruling, I think this was in the States, on the matter of intrusion into one’s privacy. If memory serves me right, the judge rendered his decision based on the garbage theory. When one puts out the trash outside his home to be picked up and thrown away he is in fact allowing everybody to do what they want with the trash. That trash contains every bit of dirt that comes from inside the house. And there lies the loss of privacy. It was something to that effect.

The internet, newspapers, and saucy magazines are saturated with stories about the lives of private and public people, their loves, wealth, the decadence, etc., written as matter of free speech. The PCIJ blog, I believe, reserves those rights as well.

[...] Whadda? A TRO is served on PCIJ’s blog pertaining to Arroyo pet Jonathan Tiongco. And so PCIJ removed the blog on it’s site. A cache of the removed page can be found here [...]

if they do what like the chinese government do in cracking down sites that their government think is not good for them, they might succeed…………but here in the phils, i dont think so. governement should wake up!, this is not the street where they can can implement their crap CPR! go go go PCIJ!!!!!!!!!!!!!!!

ato ni bai!
digong from davao city

msn search cached likewise here.

as mr. edwin lacierda said, there’s no stopping the Philippines to know…

[...] Kung pagbukas niyo ng browser niyo kaninang umaga at bumulaga sa inyo ang balita na merongTRO ang PCIJ blog, alam ko kung ano ang unang pumasok sa isip mo. Bakit? Tama. Bakit nga ba? [...]

never falter PCIJ…

[...] Maybe instead of resorting to sleazebag tactics and legal strong-arming, companies, politicians, and individuals should follow these practical steps to avoid being blog-bashed. [...]

i find it amusing that tiongco is ashamed of what’s written in the pcij article.

because he went public with his so-called expertise in sound engineering vis-a-vis the Hello Garci tape, he should be ready to face the consequences, including legitimate news articles on his background.

is he ashamed of the skeletons in his closet?

Alecks,
Re-reading the TRO banning the “… publishing or posting or causing to broadcast, publish, or post articles and statements similar and RELATED TO, OR CONNECTED AND IN CONJUNCTION WITH …,” if you believe what everyone has posted in this blog is inappropriate, for PCIJ’s sake, use your discretion to remove them in order not to aggravate your situation any more than what already is. I’m sure everyone agrees with me. We can wait until after the 20-day nortice.

Looks like we have now an ample demonstration of who really IS the boss around here.

Tough luck. For all our posturing about who wields REAL power in the Philippines (recall those cliche “power resides in the people’s will”), the REALITY pretty much stares us in the face and rears its ugly head from time to time.

ha ha!

There’s this case on libel decided last September by the Supreme Court which might help PCIJ out. The SC ruled that in cases wherein the subject of the article is a public figure, any truthful statement about that person, no matter how damaging or defamatory to the reputation, is protected under free speech clause of the Constitution. Such article cannot be subject to censorship or even prior restraint. The exact words of the Court: “Any statement that does not contain a provably false factual connotation will receive full constitutional protection.” Moreover, the definition of a public figure, according to the case, is expansive enough to cover Tiongco.

The name of the case is People v. Guingging, and it can be found here. The case is also useful as a defense in all libel cases.

[...] By that standard, PCIJ must be doing a supreme job. A case to delete one of their blog posts could go all the way to the Supreme Court. [...]

Blog TRO Could Go to Supreme Court

PCIJ could defend a blog post at the Supreme Court.

…

PCIJ Blog issued with a Temporary Restraining Order

Inside PCIJ, the weblog of the Philippine Center for Investigative Journalism, has been issued a temporary restraining order (the all-powerful TRO) by the Quezon City Regional Trial Court.The TRO basically…

[...] Inside PCIJ, the weblog of the Philippine Center for Investigative Journalism, has been issued a temporary restraining order (the all-powerful TRO) by the Quezon City Regional Trial Court. [...]

kasalanan din ni tiongco nagpagamit sya kay mike defensor tapos ngayon idedemanda blogger. sobrang offensive kasi mga pronouncements nya kaya maraming nagreact. di ba sinabi pa nya na opposition ang pumatay kay fpj(nilason kuno) hahaha reminds me of cofibean ang cheap hehehe. kawawa family nya nadamay mga anak nya. well tingco deserved such blog hmp… balat sibuyas pala sya dapat tumahimik na lang sya di ba?

thanks to tounge in a new you’re one of the best blogger here. interesting and knowledgeable. also baycas and the rest of all seeking for truth and justice. keep it up!

. . . When blogging takes the form of free expression so exercised in the realm of deliberative democracy (which I believe was the function taken on by Philippine Center for Investigative Journalism during the run-up to the Arroyo impeachment vote), it occupies the highest rung in the hierarchy of democratic and constitutional values involving as it does the sharing of sovereign authority. . . .

SIGE KUMUHA KAYO NG RESTRAINING ORDER NA GUSTO NYO! PERO HINDI KO AALISIN ANG PAGE NA ITO SA WEBSITE KO. MAHIYA NAMAN KAYO! WAG NYONG ALISIN ANG KALAYAAN SA PAMAMAHAYAG ….

I posted the news on DIGG. Check it out here:

If enough people DIGG it, it will be featured on DIGG’s top stories at the front page, and on the weekly DIGGnation podcast.

[...] If you have not heard of it yet, last week the Philippine Supreme Court issued a temporary restraining order to PCIJ for one of its blog entries. PCIJ has complied with the TRO and states in its blog: IN compliance with the order of the Quezon City Regional Trial Court (RTC), the Philippine Center for Investigative Journalism has removed from this blog a post, dated August 12, 2005, describing the background and credentials of Jonathan Tiongco, the audio expert presented the same day by Environment Secretary Michael Defensor in order to question the authenticity of the “Hello Garci” recording. [...]

Is this the start of censorship? If the SC threw Tiongco’s case out, why would the an RTC pick it up? Sorry to hear that his children are affected but he forced it upon himself. To throw yourself inthe public arena means you have diclared and ope-season on your persona. He should have thought about the consequences first before allowing himself to be used by the administration. I found nothing wrong with PCIJ’s report on Tiongco. It was purely news reporting.

thanks DIZZY for the links.

[...] The PCIJ post revealed information from a police dossier on the background of Jonathan Tiangco, an audio expert presented to dispute the authenticity of the recordings. The post described several criminal cases against Tiangco and mentioned that Tiangco had two wives. In October, Tiangco’s spouse requested a temporary restraining order against PCIJ, which a lower court granted after the Philippine Supreme Court turned down her petition. The order enjoined PCIJ for 20 days from “broadcasting, publishing or posting or causing to broadcast, publish, or post articles and statements similar and related to, or connected and in conjunction with” that blog post. In its post announcing the gag order and the removal of the post, PCIJ directed its readers to look to Google if they wanted to know the deleted post’s contents. [...]

We saw it coming. First, PCIJ tagged as a communist-coddling “enemy of the state” along with the NUJP, now this.

I couldn’t believe a judge in his right mind would take seriously the likes of a Tiongco who claims to be a DiskJockey-cum-audio expert-cum-political operator-cum-humanitarian-cum-… Now he is also a pro-Muslim crusader. Wow!

We can just hope that Dawin is right when he said judge Lee will turn around (total eclipse of the heart?). The much-abused practice of issuance of TROs now includes blogging and pretty soon the anti-terror bill may categorize anti-government bloggers as cyber-terrorists.

Even the French gov’t has arrested 3 teenagers who have used blogs to encourage other teens to attack police posts and join the violent riots now in progress in Paris. Not to be outdone, the Phils’ own paranoid government seems it has even stepped it up several notches by constantly slamming media with no less than The Inglorious One doing so in front of the members of the foreign business community yesterday. That, after naming Julius Babao a terrorist sympathizer.

For those who have not downloaded the “Handbook for Bloggers and Cyber-dissidents” yet, (link courtesy of Baycas in a previous post) you should consider doing it now before your favorite blog is forever taken out of websphere. Look it up here at Reporters Without Borders’ (Reporters Sans Frontieres) website.

And believe it or not, PCIJ has been CPR’d. What more fitting post number can you get? (http://……?p=464).

Oops, the href link didn’t display right. Its http://www.rsf.org

[...] A Regional Trial Court in the Philippines issued the Philippine Center for Investigative Journalism (PCIJ) blog a restraining order, ordering PCIJ to delete a blog post that exposed some issues concerning a “wiretapping” scandal where the incumbent president is involved (she is being accused of cheating in the 2004 elections). The order also bans the blog from publishing similar content for up to 20 days. read more | digg story Digg , Philippines , Politics [...]

Hmmm..

Sa PCIJ lang bawal?

Pinaalis sa PCIJ yung post na yun eh naka kalat naman sa internet..

Ang labo!

Dapat inutusan ng court na alisin sa Internet lahat ng may kinalaman or naglalamann ng post na yun. kaya kaya yun?

Siguro dapat ang magandang ginawa nung tiongco na yun eh sagutin mga “alegations” na nakasulat sa PCIJ.. or siguro totoo yung mga nakalagay kaya pinaalis nila para di malaman ng iba..

KALAT NA PO SA INTERNET…

Pahabol na coment…

Binasa ko po ulit yung blog pertaining to tiongco.

Ang nakalagay po ” PNP’s summary of Tiongco’s criminal cases”.

ang pagkakaalam ko po.. public document po yun.. and its not intrusion of privacy ek ek..

Ok lang yan, PCIJ. Go, go, go, go!

For Migs: Tama ka pero takot kasi si misis ni tiongco na malaman ng buong mundo na hindi siya nag-iisa… na alam niyo na… na may tiongco pa palang iba… iyong anak nila ni jonathan, etc., etc., etc.

ano ba ang say ni mike defensor dito? pcij, patanong naman. kasi mukhang tameme na si denr sec

Sa nagpalabas ng TRO, QC judge salamat — di ko nabasa ang blog ng PCIJ noong Agosto 12 — ayan, dahil sa inyo nabasa ko tuloy, salamat din Google — higit sa lahat, Mrs tiongco! Salamat din…lalong nakilala ngayon ng marami ang tunay ng kulay ni Tiongco, di siya kapanipaniwala!!! — dahil sa inyo, nakilala rin ang tunay na kredibilidad ng PCIJ — ano mang pagtatago ng baho, lalabas at lalabas din nila ang amoy — di man sa PCIJ — Google — MSN o ibayong parte ng mundo! Mabuhey kayo!

They are making such a big fuss out of it. Are they afraid of the truth? Wrong question, I know. Where is freedom?

[...] Last month, Tiongco also sued the PCIJ for libel, for raising questions in this blog about his past and his credentials. On Nov. 4, the PCIJ was served a temporary restraining order (TRO) by a Quezon City court on the basis of a complaint filed by Tiongco’s wife Rona. The TRO ordered PCIJ to take down a blog post on Tiongco dated August 12. Last month, the Supreme Court had junked Tiongco’s request for a preliminary injunction that would have ordered the PCIJ remove the “Hello, Garci” recording from this blog. [...]

[...] We are re-posting this blog after the expiration of the 20-day TRO issued by the Quezon City RTC.    [...]

[...] This was the first restraining order issued on a blog in the Philippines and has generated a lively debate on free expression versus privacy in the Pinoy blogosphere. [...]

[...] READERS who expressed interest in getting a copy of the temporary restraining order (TRO) imposed by Quezon City Regional Trial Court Judge Ralph Lee on the PCIJ blog entry "Mike Defensor’s expert" can now download the three-page pdf file here. The TRO is the first of its kind to be issued against a blog in the Philippines. [...]

[...] On Nov. 4, Quezon City Judge Ralph S. Lee issued a 20-day temporary restraining order on the PCIJ blog on the request of Rona Tiongco, who said that the Aug. 12, 2005 post on her husband violated her privacy and that of her children. Mrs. Tiongco, however, was never mentioned by name in that post. [...]

[...] PCIJ is once again on the gunsight of Mike Defensor’s stoogie Jonathan Tiongco, who is hell bent on shutting down PCIJ. PCIJ was slapped a TRO before, courtesy of Tiongco’s wife, and now, Tiongco may be at it again. (Side note: The linked blog entry was numbered 464.) The page that was TROd discussed the life of Tiongco and his rise to infamy. [...]

[...] Indeed, a year’s existence has been historic in more ways than one. As the first institutional journalism/media blog in the country, ours also was the first to be charged with a libel case, and subsequently the first to be issued a TRO by a trial court judge in relation to a post on Jonathan Tiongco, Michael Defensor’s self-styled audio forensics expert. It would eventually become the “best dressed” blog too with Tiongco, displaying a rare gift of litigiousness, filing six more cases against us. [...]

[...] What’s surprising is not the fact that bloggers are being sued for libel, as the philippines already has a pending test case (another Philippine legal first is the temporary restraining order issued by a Quezon City court against the PCIJ). The more surprising fact is the increasing number of cases filed against bloggers. This is shown in Media Law Resource Center’s updated list of libel and related lawsuits against bloggers and websites in the United States. Although this is surprising, it’s expected with the exponential growth of blogging. Paraphrasing Matt of technorati: “55 Million blogs…some of them have to be libelous.” [...]