Case Digest (A.M. No. 10-11-5-SC, 10-11-6-SC, 10-11-7-SC) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On November 23, 2009, fifty-seven persons, including thirty-two journalists and media practitioners, were ambushed and killed en route to Shariff Aguak, Maguindanao—an atrocity now known as the Maguindanao Massacre. The People v. Datu Andal Ampatuan, Jr., et al. cases (Criminal Case Nos. Q-09-162148-72, Q-09-162216-31, Q-10-162652-66, and Q-10-163766) were transferred to Branch 221 of the Regional Trial Court of Quezon City, presided over by Judge Jocelyn Solis-Reyes, and tried inside Camp Bagong Diwa in Taguig City. On November 19, 2010, the National Union of Journalists of the Philippines (NUJP), ABS-CBN, GMA Network, bereaved families, individual journalists, and members of the academe filed A.M. No. 10-11-5-SC seeking to lift the absolute ban on live television and radio coverage, allow recording devices in court, and promulgate coverage guidelines. Two days later, the National Press Club and Alyansa ng Filipinong Mamamahayag filed A.M. No. 10-11-6-SC, urging the creation of Case Digest (A.M. No. 10-11-5-SC, 10-11-6-SC, 10-11-7-SC) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Maguindanao Massacre and Criminal Proceedings
- On November 23, 2009, fifty-seven persons—including thirty-two journalists and media practitioners—were killed in an attack en route to Shariff Aguak, Maguindanao, in what came to be known as the “Maguindanao Massacre.”
- The Department of Justice filed 57 counts of murder and one count of rebellion against 197 accused, docketed as Criminal Case Nos. Q-09-162148-72, Q-09-162216-31, Q-10-162652-66, and Q-10-163766, entitled People v. Datu Andal Ampatuan, Jr., et al.
- Venue was transferred and the cases re-raffled to Branch 221, Regional Trial Court (RTC), Quezon City, presided over by Judge Jocelyn Solis-Reyes, with hearings held inside Camp Bagong Diwa, Taguig City.
- Petitions for Media Coverage and Special Court
- On November 19, 2010, the National Union of Journalists of the Philippines (NUJP), ABS-CBN, GMA Network, relatives of victims, individual journalists, and members of the academe filed A.M. No. 10-11-5-SC, seeking:
- live television and radio coverage of the trial;
- permission to use still cameras and recording devices in court;
- formulation of reasonable guidelines for media coverage.
- On November 22, 2010, the National Press Club (NPC) and Alyansa ng Filipinong Mamamahayag (AFIMA) filed A.M. No. 10-11-6-SC, praying for:
- designation of Branch 221 as a special court dedicated solely to the Maguindanao trial;
- installation of video-cam equipment and outside monitors for public viewing.
- Also on November 22, 2010, President Benigno S. Aquino III sent a letter supporting live media coverage, docketed as A.M. No. 10-11-7-SC.
- By Resolutions dated November 23, 2010, the Court consolidated A.M. No. 10-11-5-SC with A.M. No. 10-11-7-SC; A.M. No. 10-11-6-SC was set for separate disposition.
Issues:
- Whether to lift the absolute ban on live television and radio coverage of the Maguindanao Massacre trial.
- Whether to permit the use of photographic and audio-recording devices inside the courtroom.
- What guidelines and technical regulations, if any, should govern media coverage to ensure a fair and public trial.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)