Isabela execs to pay radio station P5 million

By Charlie Lagasca

CAUAYAN CITY-- Officials of this city in Isabela must pay a radio station P5.5 million for closing it down six years ago, the Supreme Court has ruled.

Upholding freedom of speech, the Supreme Court rejected the Cauayan City government’s petition to reconsider its decision ordering former Cauayan mayor Caesar Dy, former city administrator Felicisimo Meer, former city legal counsel Racma Fernandez-Garcia and one Bagnos Maximo to pay Bombo Radyo-Cauayan P5 million in damages and P500,000 in attorney’s fees.

“The Court resolves to deny the (respondents’) motion with finality, the basic issues raised therein having been duly considered and passed upon by the Court in the aforesaid decision and no substantial argument having been adduced to warrant the reconsideration sought,” read the SC decision.

Cauayan Mayor Benjamin Dy, Caesar’s brother, said the city government has yet to receive a copy of the ruling.

The decision, dated June 16, 2010, also ordered the respondents to stop filing further pleadings or motions to question the decision.

“Let entry of final judgment be made in due course,” read the SC decision.

In affirming its April 2, 2009 resolution, the SC said the city government’s action of shutting down Bombo Radio Cauayan was tantamount to abridging freedom of speech.

“Wherefore, the petitions (of Bombo Radyo against the city government for violating press freedom) are granted,” read the SC decision.

“The assailed decisions of the Court of Appeals (CA) and the Cauayan City regional trial court (favoring the city government’s order) are hereby reversed and set aside.”

The decision was penned by Associate Justice Dante Tiñga, who is now retired.

Before the 2009 resolution, the SC had ordered the resumption of Bombo Radio Cauayan’s operation after almost two years of being off the air.

In 2004, the city closed down the more than 30-year-old Bombo Radyo dzNC, a regionwide radio station, for alleged failing to obtain a zoning clearance, as well as mayor’s and business permits.

The radio station was also accused of failing to secure a land conversion permit from the Department of Agrarian Reform before occupying the site where it is now based.

However, the radio station said the moves were politically motivated since the radio station was perceived as critical of the Dy family led by then governor Faustino Dy Jr., whom then former Bombo Radyo broadcaster Grace Padaca had defeated him for the governorship in the 2004 polls.