Legal Cases and Issues in Radio Broadcasting, Solidon, Page 1 of 5

Radio in the Philippines has confronted numerous dilemmas in the past and it continues to
grapple with various issues up to this day. As a channel for wide dissemination of information, it is
required to abide by the existing laws as well as uphold ethical standards in broadcasting. But is radio
safeguarded by the judicial system of the country? The first two cases discuss the role of the Court in the
protection of the rights of Filipino broadcasters and journalists in general as well as the public. The final
issue concerns several community radio stations in the Philippines who are under attack by the current
administration.

The first case focuses on DXKP radio commentator and managing editor of the Zamboanga
Scribe Edgar Damalerio who was shot and killed by a lone gunman on May 13, 2002, as he was driving
home in his jeepney from a press conference in Pagadian City. The two witnesses who were with the
victim at that time identified Police Officer 1 Guillermo Wapille as the killer (“Main Suspect Now
Wears,” n.d.).

According to an article published by the Committee to Protect Journalists, local reports said that
Damalerio had criticized Pagadian City Police Superintendent Asuri Hawani on his radio show for the
latter’s alleged involvement with drug traffickers and crime syndicates (“Edgar Damalerio,” n.d.).
Hawani did not instigate his subordinate Wapille and instead filed charges against another suspect.
Wapille was not formally charged and could move freely in Pagadian City, stalking the witnesses and
their family members It was only on January 30, 2003 when the Pagadian Regional Trial Court ordered
his arrest, but he managed to escape and evaded arrest for more than a year. The case did not move
forward until Wapille surrendered to authorities on September 13, 2004 and pleaded not guilty to the
murder charges nine days after (“Edgar Damalerio,” n.d.). However, unidentified gunmen shot and killed
one of the two witnesses on February 5, 2005. Consequently, this incident pressured the Court to resolve
Damalerio’s case. Finally, on November 17, 2006, RTC Judge Ramon Codilla promulgated that Wapille
was found "guilty beyond reasonable doubt" for the crime of murder and sentenced him to reclusion
perpetua (Languido, 2006).

The second case originated from events that happened a year after the 2004 national and local
elections. On June 5, 2005, Press Secretary Ignacio Bunye told reporters that the opposition was planning
to release an audiotape of a mobile phone conversation, allegedly obtained through wire-tapping, between
then President Gloria Macapagal Arroyo and a high-ranking official of the Commission on Elections
(COMELEC). On June 8, 2005, Department of Justice (DOJ) Secretary Raul Gonzales warned reporters
that those who had copies of the compact disc (CD) and those who shall broadcast or publish its contents
could be held liable under the Anti-Wiretapping Act. Two days after, the NTC issued a press release
warning all concerned broadcasting companies that their “airing of such false information and/or willful
 Legal Cases and Issues in Radio Broadcasting, Solidon, Page 2 of 5

misrepresentation shall result in the suspension, revocation, and/or cancellation of their licenses or
authorizations” (Chavez v. Gonzales, 2008).

Francisco Chavez, who alleged that the acts of the DOJ and the NTC are violations of the
freedom of expression of the press and the right of the people to information on matters of public concern,
filed a petition against DOJ Secretary Gonzales and the NTC, requesting the Court for the “nullification
of acts, issuances, and orders the respondents committed that curtail the public’s rights to freedom of
expression and of the press” (Chavez v. Gonzales, 2008). Although Chavez failed to meet the requisite
legal standing since he was not a member of the broadcast media, the Court decided to set aside
technicalities of the procedure and recognize his petition, seeing that it poses a challenge to freedom of
expression. And since the respondents failed to present sufficient evidence on the who’s and the how’s of
the wiretapping act and evidence to support that the feared violation of the law will endanger the national
security, the Court, headed by Chief Justice Reynato S. Puno, ruled to grant the petition of Chavez
(Chavez v. Gonzales, 2008).

Meanwhile, Raymond Palatino of Rising Voices shared in a blog his interview with Kodao
executive director Jola Diones-Mamangun who shared some insights about a book entitled Amplifying the
People’s Voices: The Philippine Community Radio Experience and Challenges. The book, published by
the International Association of Women in Radio and Television and Kodao Productions, discusses the
current challenges of community radio broadcasting under the Duterte administration.

Mamangun (as cited in Palatino, 2019) defines community radio as “broadcasting or

‘narrowcasting’ by a community on a topic that is of importance to them through a low-power radio
transmitter or a public-address system.” For her, it is also “a form of a town-hall meeting that uses the
radio program format, where both the broadcaster/s and the interviewee/s are usually members of the
community” (Mamangun as cited in Palatino, 2019). Examples of community radio in the Philippines
include Radyo Sagada of Cordillera, Radyo San Roque of an urban poor community in Manila, Radyo
Cagayano of Cagayan, Radyo Lumad, and Radyo Sugbuanon.

According to Mamangun, three primary challenges hinder the successful operation of these
community radio stations. One of these is sustainability as these local radio stations are non-profit and
community-owned. Hence, their primary concern is the source of funds to sustain their operation. Another
issue is the existing laws that seem to discourage the establishment of independent community radio
stations. Large broadcasting networks such as the Manila Broadcasting Company (MBC) are given
hundreds of frequencies on both AM and FM bands that it is no longer possible for small communities to
put up a radio station where these large networks are already located. And third, these community radio
 Legal Cases and Issues in Radio Broadcasting, Solidon, Page 3 of 5

stations are often victims of attacks and harassments, leading to their closure or abortion of their
establishment. “Radyo Cagayano was burned down and its staff attacked in Baggao, Cagayan in 2006;
Radyo Sugbuanon’s full operation was aborted because of threats by the police and politicians; Radyo
Lumad was closed last January 2019 because of threats and harassments. NGOs that help put them up are
red-tagged and some have even been killed or imprisoned,” said Mamangun. She accused the Duterte
government of enabling more attacks against the independent press including community radio.
According to her, Radyo Sugbuanon and Radyo Lumad have been threatened by the administration,
leading to the abortion of the former’s full establishment and the closure of the latter (Mamangun as cited
in Palatino, 2019).

The first case is only one of the few cases of slain Filipino journalists that the Court was able to
resolve; many remain pending and impeded by high-ranking officials. This case evinces the grim reality
faced by journalists who live out their creed— to deliver the truth to the public despite serious threats.

Meanwhile, the second case reviews the power and limitation of press freedom and the people's
freedom of access to information when issues concerning national interest arise like the controversial
“Garci Tapes” in 2005. Although the case does not exclusively concern the radio, the lessons gained from
this case are noteworthy in radio broadcasting because it includes the responsibilities of radio
broadcasters as advocates of free press and freedom of access to information. The Constitution should not
be used as an excuse to obfuscate malicious tactics of the persons involved (in this case, former President
Gloria Macapagal-Arroyo, her husband, the late senator Barbers, and then COMELEC commissioner
Garcillano) which the public ought to know. As stated in the ruling of the case penned by then Chief
Justice Reynato S. Puno, “the Court should not be misinterpreted as devaluing violations of law. […] But
to repeat, the need to prevent their violation cannot per se trump the exercise of free speech and free
press, a preferred right whose breach can lead to greater evils” (Chavez v. Gonzales, 2008).

These cases resolve to remind us of the power of press freedom in light of the Constitution. The
third issue, on the other hand, demands our justice system to defend the rights of independent community
radio stations in broadcasting. We usually consider huge and well-known broadcasting companies such as
the MBC and other high-profiting radio stations when we think of radio in the country but we seldom
think of community radio stations that serve the interest of the rural poor. It is demoralizing on their part
to know that the government does not fully recognize their right to operate radio stations that only seek to
enrich their community’s culture and foster ties among its members.

Is radio, or the press in general, safeguarded by our justice system? The existing laws will imply
that it is but the story changes if we talk about their actual implementation. With the attempts to silence
 Legal Cases and Issues in Radio Broadcasting, Solidon, Page 4 of 5

journalists like Rappler’s CEO Maria Ressa and broadcasting companies like ABS-CBN, it is not an
unknown fact that these are perilous times for journalists who relentlessly expose the truth that contradicts
the prevailing political ideologies.
 Legal Cases and Issues in Radio Broadcasting, Solidon, Page 5 of 5

References

Chavez v. Gonzales, G.R. No. 168338, (2008), available at:

http://officialgazette.gov.ph/2008/02/15/chavez-v-gonzales-g-r-no-168338-february-15-2008/

Edgar Damalerio. (n.d.). Committee to Protect Journalists. Retrieved October 15, 2020 from
http://cpj.org/data/people/edgar-damalerio/

Languido, F. P. (2006, February 3). Court turns down motion of Wapille on conviction. PhilStar.
Retrieved October 15, 2020 from http://philstar.com/cebu-news/2006/02/03/319894/court-turns-
down-motion-wapille-conviction

Main Suspect Now Wears Surgical Mask; is Allegedly Hunting Witnesses. (n.d.). Bulatlat. Retrieved
October 15, 2020 from http://bulatlat.com/news/3-23/3-23-damalerio.html

Palatino, R. (2019, September 15). Filipino community radio stations struggle to survive amid attacks and
difficulties. Rising Voices. Retrieved October 14, 2020 from
http://rising.globalvoices.org/blog/2019/09/15/filipino-community-radio-stations-struggle-to-
survive-amid-attacks-and-difficulties/