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TV5 asks Court of Appeals to stop 20-day suspension order vs Tulfos' show


TV5 Network on Friday asked the Court of Appeals to stop a 20-day suspension order issued by the Movie and Television Review and Classification Board against a program of the Tulfo brothers on the network. The MTRCB issued the suspension ruling after reviewing episodes of "T3: Kapatid Sagot Kita," a program of TV5 hosted by brothers Erwin, Raffy, and Ben Tulfo. In a 47-page petition for certiorari and prohibition, TV5 through its lawyer Benjamin Tolosa, insisted the MTRCB has no jurisdiction over T3 because the program is classified as a news program and not a public affairs show. The network said the MTRCB committed "grave abuse of discretion amounting to lack or excess of jurisdiction" for issuing the May 10 order, which TV5 insisted was "unconstitutional" for violating press freedom. Aside from stopping the MTRCB order, TV5 also asked the CA to order the MTRCB to stop its ongoing proceedings involving T3. Included in TV5's petition was a request for the issuance of a temporary restraining order and subsequently a writ of preliminary injunction "enjoining the MTRCB from enforcing, implementing, or executing in any manner its Order dated 10 May 2012, and conducting further proceedings in MTRCB Adm. Case No. 008-2012, pending the the resolution by this Honorable Court of the merits of the Petition." In one of the T3 episodes, the Tulfo brothers aired their comments – perceived as threats by the camp of actor Raymart Santigo and wife actress Claudine Baretto, who figured in a brawl with their elder brother columnist Ramon Tulfo at the Ninoy Aquino International Airport Terminal 3 last Sunday. Prior to the MTRCB ruling, TV5 had meted a three-day suspension on the three Tulfos. On Thursday, TV5 said the MTRCB ‘overstepped’ its mandate when it ordered the Tulfo brothers show suspended for 20 days.

 
“News5 is deeply concerned by the MTRCB decision to place its Public Service program T3 under preventive suspension. We believe that this oversteps the mandate of the MTRCB,” TV5 said in a statement last Thursday. “The Tulfos have been sanctioned.  What else is there for government to resolve?” TV5 said. On the controversial "T3" episode, the Tulfos were shown as saying: “Tumirik ka ng kandila ngayon. Huwag na huwag magkrus 'yung landas natin. Huwag lang sana tayo magpanginabot sa mall. Ipagdasal mo hijo de P.I. ka, na huwag sana tayo magkita sa mall. Ipagdasal mo iyan," Raffy Tulfo said in the show’s last Monday episode.   “Huwag ka muna lumabas ng bansa dahil kapag nagpangabot tayo sa Terminal 1, Terminal 2, at Terminal 3... tatamaan at tatamaan ka... Wala akong pakialam, pati asawa mo tatamaan sa akin. Ipagdasal mo na lang huwag tayo magkrus ng landas,” Erwin said.
MTRCB defends order The MTRCB defended its decision to suspend the Tulfo brothers’ public affairs program, saying that issuing preventive suspension is well within the board’s powers. “Meron po talaga kaming karapatan na magbigay ng preventive suspension for 20 days habang dinidinig ang kaso,” said MTRCB chair Grace Poe Llamanzares in an interview with Arnold Clavio on Unang Hirit. MTRCB decided to suspend the show after its hosts Erwin, Ben, and Raffy Tulfo gave threatening remarks to Raymart Santiago. In the network’s official statement, TV5 president and CEO Ray C. Espinosa called the preventive suspension order “illegal,” and said they will take the case to court and try to get a temporary restraining order on the suspension order. Espinosa further said that MTRCB “confused a news program with the anchor or talent or host”, and that while anchors are liable for errors, a news program cannot be stopped from airing. Llamanzares, meanwhile, countered that the Tulfo brothers’ program is hardly straight news. “Basta straight news wala naman pong jurisdiction ang MTRCB,” said Llamanzares, but she said that T3 was not a news program. Llamanzares said that the Tulfos’ threatening remarks were clearly very “personal” and “not for the public good”. “Hindi nila dapat ginamit ang pagiging brodkaster nila para sa sarili nilang kapakanan,” Llamanzares added. Not the first complaint Llamanzares further said this is not the first time the MTRCB received complaints against the Tulfos’ show, and that the board has sent letters to TV5 in the past to notify the management of these complaints. The Tulfo brothers have been known to dish out bold comments in their show. Llamanzares said that inciting violence, like what the brothers did to Santiago, is prohibited by law, and that emphasized that TV programs should adhere to broadcasting ethics and standards. “We have to be able to uphold mutual respect for our fellow countrymen,” she added. Also, Llamanzares said MTRCB was just protecting viewers’ rights and standing by its mandate. “Ilang beses na silang nabigyan ng warning noon, at patuloy pa rin nilang nagawa ang pagkakamaling ito,” said Llamanzares. — with a report by Ralph Angelo Ty /LBG, GMA News