MANILA, Philippines--The legitimacy of President Gloria Macapagal-Arroyo’s ascent to power, as ruled by the Supreme Court in 2001, should be reflected in ousted President Joseph Estrada’s documentary if it is to be shown on television, a division of the Court of Appeals has ruled.

The Twelfth Division of the appellate court affirmed Malacañang’s decision on Jan. 5, 2007, requiring the producers of Estrada’s biographical documentary, Ang Mabuhay para sa Masa (To Live for the Masses), to recognize the Supreme Court decision on the legality of the transfer of power in January 2001.

The division, in a 13-page decision penned by Justice Arcangelita Romilla-Lontok, also required the producers, Public Perception Management Asia, Inc., to reflect in the film the legality of the power shift in the so-called Edsa Dos revolt.

“Considering that the (plunder) case against President Estrada before the Supreme Court has been resolved with finality and the latter was found guilty of the crime charged, the grant upon him of presidential pardon for the same did not render the imposition of said conditions inutile,” the appellate court said.

“Petitioners are still mandated to recognize the legality of the transfer of power from former President Estrada to President Arroyo and reflect the same in the file,” it added.

The court also upheld the Office of the President’s position that replies of persons, who were allegedly “defamed” by the documentary to show Estrada was illegally removed, be made part of the film.

“Finding the subject film replete with defamatory remarks and scenes which are likely to impair faith in its government, imposition of limitation/condition on its exhibition appears in order,” the appellate court said.

“The balancing factor in the form of replies of personalities defamed should likewise be integrated in the film as part thereof,” it added.

Publikasia raised its case to the Court of Appeals after a Malacañang review committee imposed conditions on the documentary for it to be shown on television.

The Movie and Television Review and Classification Board previously denied the producers’ bid to exempt the presentation from review on the ground that it was a newsreel.

Then, the board twice found the documentary unfit for public exhibition on the ground that it tended to undermine political stability, was libelous and pertained to matters which were subjudice at that time.

The Sandiganbayan had not found Estrada guilty of plunder when the documentary was reviewed.

Publikasia went up to Malacañang to appeal the MTRCB’s decisions. The Malacañang review panel then imposed the conditions for it to be shown.

The Court of Appeals decided that the documentary was not a newsreel, that it tended to undermine the government and that it defamed certain personalities.

“The portion entitled ‘Power Grab,’ by its descriptive appellation, connotes illegal seizure of power purportedly executed by the president president. It runs contrary to the Supreme Court ruling,” the court said.

“Exhibition of the material on television with said portion intergrated therein, will create undue prejudice to the personalities involved in the takeover of power thereby performing the very thing aimed to be abetted by the law,” it added.

The court also found objectionable the portion with the sub-title “Conspiracy” emblazoned across pictures of Ms Arroyo, her husband Jose Miguel Arroyo, then Speaker Jose de Venecia Jr., former President Fidel Ramos, former Chief Justice Hilario Davide, Secretary Angelo Reyes, former Secretary Michael Defensor, former Secretary Hernando Perez, Luis Singson, businessmen Eugenio Lopez, Fernando Zobel de Ayala and Guillermo Luz.

“(It) insinuates their unified action to overthrow President Estrada. Integration of said portion into the film tends to undermine the faith and confidence of the people in the government,” the court said.

“Said film material might even qualify as libelous and defamatory,” it added.