SC spokesman: Now is good time to ask for Ampatuan trial live coverage

The Supreme Court may be on the verge of seriously considering a change in its rule that prohibits the live broadcast of court trials, with SC spokesman Jose Midas Marquez saying now is the right time for media groups to challenge the nine-year-old policy policy. The high court issued the ruling nine years ago, when it denied a plea for the live broadcast of former President Joseph Estrada's plunder trial at the Sandiganbayan. "It might be good to file a petition at this time. If I recall correctly, the justices who decided the Erap (Estrada's famous monicker), most of them have retired," Marquez said at a news briefing. The SC’s policy barring live coverage of trials, saying the right of the accused is more important than press freedom and the public right's to know, has been strictly applied to the ongoing Ampatuan multiple murder case arising from the Maguindanao massacre on November 23 last year. The National Union of Journalist of the Philippines (NUJP) is set to ask the court on Friday to reconsider the 2001 ruling. The group is asking the court to allow a live coverage of the Ampatuan multiple murder trial, which is being handled by the Quezon City Regional Trial Court Branch 221. A check with a website containing SC rulings would show that the justices who took part in the decision have all retired. At that time, the Supreme Court was composed of Chief Justice Hilario Davide, Associate Justices Bernardo Pardo, Arturo Buena, Minerva Gonzaga-Reyes, Josue Bellosillo, Jose Melo, Reynato Puno, Vicente V. Mendoza, Santiago Kapunan, Artemio Panganiban, Leonardo Quisimbing, Angelina Sandoval-Gutierrez, and Consuelo Ynares-Santiago, and Jose Vitug. The court was divided in handing down the decision. Eight justices voted against the live broadcast. These are Vitug, who penned the decision, Davide, Pardo, Buena, Gonzaga-Reyes, Kapunan, Sandoval-Gutierrez, and Mendoza. The five who dissented were Bellosillo, Melo, Puno, Panganiban, Quisumbing, while one, Ynares-Santiago, was on leave. Ampatuan trial In today's Supreme Court bench, 14 were appointed by former President Gloria Macapagal-Arroyo. Only one, Associate Justice Maria Lourdes Sereno, is the appointee of incumbent President Benigno Aquino III. Last Wednesday, even Mr. Aquino joined calls for a live coverage of the trial, saying "it will be educational for the rest of the people to find out what transpired" during the Nov. 23, 2009 Maguindanao massacre which claimed 57 lives. Presidential spokesman Edwin Lacierda said Malacañang will send a formal letter to the SC informing it about the president's opinion on the matter. On Thursday, Marquez said the court does not feel unduly pressured by Aquino's pronouncements even if the judiciary and executive departments are separate and co-equal branches of government. "The president is allowed to do these things. If he thinks and strongly feels there is merit to that view, he is free to voice his opinion," said Marquez. Serious reconsideration? Asked by reporters whether the court is willing to revisit the 2001 decision, Marquez replied: "Of course, we have the values of transparency [and] the right of the public to information on one hand. And then you have the rights of the accused [and] judicial independence. These are competing values that the court will have to weigh in coming up with a decision," said Marquez. Still, Marquez said allowing a live broadcast of the Ampatuan trial may set a bad precedent, because it may "open the floodgates for similar requests." "We have to take into consideration the right of the accused against trial by publicity. The demeanor and candor and judge may change in front of the camera. These are just considerations in addressing the issue," he said. Earlier in the day, Presidential Communications Operations Office (PCOO) head Herminio Coloma Jr. said he will allow the airing of the live coverage of the Ampatuan trial over government-owned broadcast stations should the media proposal expressed by the NUJP, which Coloma said he supports, be approved by the SC. (See: Coloma favors live broadcast of Ampatuan trial over gov't stations) DOJ's De Lima earlier said on Wednesday she is personally in favor of having a live coverage of the Ampatuan trial, although it may have its disadvantages as well. "The downside is, there is a rule of exclusion. Witnesses who are set to testify must be excluded [from the hearing while another witness is testifying]. How can you implement the rule of exclusion if the witness can see on television the testimony of the preceding witness?" she said. (See: De Lima to NBI: Probe Ampatuan clan's other atrocities)—JV, GMANews.TV