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Court of Appeals turns down TV5’s appeal


After submitting its plea to the Court of Appeals, CA has  turned down the plea of television network ABC Development Corp. (TV5) for a temporary restraining order (TRO) and/or writ of preliminary injunction on the 20-day suspension order of the Movie Television Review and Classification Board (MTRCB) on the network’s program, "T3."

On Wednesday, the CA First Division had  a hearing on TV5’s TRO application on Wednesday.

The case started from on-air threats made  by program hosts Ben, Raffy and Erwin Tulfo against celebrity couple Raymart Santiago and Claudine Barretto after the controvedrsial physical altercation between the couple’s group and the Tulfos’ eldest brother, Mon.

Part of TV5’s plea to the 3-member Division, chaired by CA Presiding Justice Andres Reyes, Jr. that the review board cannot restrain  the network’s constitutional right to freedom of speech.

In addition to that, TV5 pointed out  that the nature of the MTRCB order was "preventive" and that there was "nothing to prevent" because the program hosts were already suspended by TV5.

Meanwhile, the Office of the Solicitor General (OSG), representing MTRCB, answered that TV5 cannot raise a constitutional right because its permit to operate is by virtue of a congressional franchise. Making their  operation a privilege, not a right, the OSG stressed.

The OSG explained  that under said franchise, TV5 has duties to the viewing public, and should not let its airtime to be utilized for obscene utterances.