Case Digest (G.R. No. 227004)
Facts:
ABS-CBN Corporation and Jorge Carino, petitioners, filed a Petition for Review on Certiorari (G.R. No. 227004) decided April 25, 2023 by the Supreme Court En Banc, Leonen, SAJ., writing for the Court. The petition assailed the Court of Appeals’ March 24, 2015 Decision and September 7, 2016 Resolution (CA‑G.R. SP No. 126985) which had affirmed the Regional Trial Court (RTC), Branch 96, Quezon City, Presiding Judge Afable E. Cajigal’s June 8, 2012 and August 14, 2012 Orders refusing to dismiss an indirect contempt petition filed by respondent Datu Andal Ampatuan, Jr. (Andal).The underlying events began with the November 23, 2009 Maguindanao Massacre and the subsequent filing of multiple murder charges against 197 persons, including Andal. On June 23, 2010 Carino — then an ABS‑CBN reporter — interviewed Lakmodin “Laks” Saliao and broadcast the interview on TV Patrol World; in it Saliao claimed personal knowledge of meetings and planning by members of the Ampatuan family. On July 16, 2010 Andal filed a verified Petition for Indirect Contempt against Saliao, ABS‑CBN and Carino, alleging the interview was calculated to interfere with pending criminal proceedings and invoking Rule 71, Section 3(d) of the Rules of Court.
ABS‑CBN and Carino answered, raised affirmative defenses (including that the broadcast was fair report and protected by press freedoms and by precedent such as Fortun v. Quinsayas), and moved for a preliminary hearing on their defenses. The RTC initially denied that motion (July 15, 2011), then — after reconsideration — granted a preliminary hearing (Oct. 20, 2011). At the hearing petitioners later manifested they would not present evidence; the RTC then denied their affirmative defenses (June 8, 2012) and denied reconsideration (Aug. 14, 2012). Petitioners sought relief via certiorari before the Court of Appeals, alleging grave abuse of discretion; the Court of Appeals dismissed the petition (Mar. 24, 2015), finding the RTC did not gravely abuse its discretion and that a trial was needed to ventilate issues. Petitioners brought the present Rule...(Subscriber-Only)
Issues:
- Did the RTC and Court of Appeals commit grave abuse of discretion by refusing to dismiss the Petition for Indirect Contempt for failure to state a cause of action?
- On the merits, did Carino’s interview of Lakmodin Saliao and ABS‑CBN’s broadcast during the pendency of the Maguindanao Massacre cases violate the sub judice rule and thus ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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