Title
Newsounds Broadcasting Network, Inc. vs. Dy
Case
G.R. No. 170270
Decision Date
Apr 2, 2009
Radio stations denied mayor’s permit over disputed property classification; Supreme Court ruled closure violated constitutional free speech and press rights, awarded damages.

Case Digest (G.R. No. 170270)
Expanded Legal Reasoning Model

Facts:

  • Parties and Operations
    • Petitioners Newsounds Broadcasting Network, Inc. (Newsounds) and Consolidated Broadcasting System, Inc. (CBS) operate DZNC (AM) and Star FM (FM) in Cauayan City under Bombo Radyo Philippines.
    • Stations sit on property in Minante 2, Cauayan City, owned by CBS Development Corporation (CDC).
    • From 1996 to 2001, petitioners secured building and mayor’s permits; CDC paid real property taxes based on commercial classification; HLURB (1996) and Municipal Planning Office (1996–2001) certified the property as commercial.
  • Permit Renewal Disputes and Closures
    • In January 2002, City Zoning Administrator Maximo required DAR conversion papers or Sanggunian resolution to reclassify the land, halting 2002 permit renewal; petitioners filed mandamus, which was dismissed as moot.
    • Early 2003, DAR Region II issued an order excluding CDC property from agrarian reform and waiving conversion requirements; Acting City Administrator Meer disputed the order’s authenticity but issued 2003 permits; a similar dispute arose for 2004 permits.
    • As May 2004 elections approached, respondents closed the stations (Feb. 17 and June 10, 2004), prompting COMELEC intervention and alternating status quo orders; stations remained effectively closed post-election.
  • Judicial Proceedings
    • April 2004: petitioners filed mandamus with the RTC (Branch 20) plus applications for provisional reliefs, all denied; the RTC rendered a final decision denying mandamus (Sept. 14, 2004).
    • December 2004: petitioners filed Rule 65 certiorari (CA-G.R. SP No. 87815) and a notice of appeal (CA-G.R. SP No. 88283); both petitions were dismissed by the Court of Appeals (Oct. 27, 2005 and May 30, 2007).
    • Petitioners filed consolidated Rule 45 petitions before the Supreme Court (G.R. Nos. 170270 & 179411); SC issued preliminary injunction (Jan. 23, 2006) enjoining further closures and consolidated the cases (Jan. 21, 2008).

Issues:

  • Did the RTC gravely abuse its discretion by denying the application for a writ of preliminary mandatory injunction without a hearing?
  • Did respondents’ permit denials and physical closures constitute a content-based prior restraint infringing petitioners’ constitutional right to free speech and free press?
  • Were respondents justified in demanding proof of agricultural-to-commercial land conversion and in refusing to renew mayor’s permits?
  • Are petitioners entitled to writs of mandamus and preliminary mandatory injunction, and to damages (temperate, exemplary, attorney’s fees)?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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