Isabela execs to appeal SC ruling on radio tiff

By Charlie Lagasca

CAUAYAN CITY, Isabela – The mayor here they would seek other legal remedies to overturn a recent Supreme Court resolution that favored a radio station over the city government’s closure order.

Mayor Benjamin Dy said their lawyers would file a motion to further question the resolution of the SC Second Division ordering the city government to indemnify Bombo Radyo for the closure of its Cauayan station in 2004.

“I don’t want to make any comments on the decision, as our lawyers are now preparing our motion for reconsideration before the (SC),” Dy said.

The city government plans to file a motion for reconsideration even as the SC Second Division, in its resolution last June 16, already discouraged it from making further pleadings to contest the decision.

In dismissing the city government’s motion for reconsideration filed last year, the SC Second Division directed Cauayan officials to pay Bombo Cauayan P5.5 million in damages and attorney’s fees for shutting it down.

In 2004, the city government, then led by Dy’s brother Caesar, ordered the closure of Bombo Cauayan for its supposed failure to obtain mayor and business permits and a zoning clearance as well as a land conversion permit from the Department of Agrarian Reform for its new location in the city’s outskirts.

The SC Second Division described the radio station’s closure as tantamount to abridging press freedom.

Dy, however, said his brother’s action in shutting down the 30-year-old radio station was not meant to trample on press freedom or free speech but to enforce city ordinances.
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We have never trampled on the rights of others. Our critics made it appear that we closed (the radio station) because of its commentaries against us,” Dy said, adding that his brother even gave Bombo Radyo one year to comply with the requirements.

“It would be unfair to others if we allowed the station to operate without such permits. If you say you uphold freedom, you should know how to follow basic laws or ordinances,” he said.