QC court junks gov’t bid to lift injunction on Bulatlat website blocking
An image posted by Bulatlat on Facebook.
MANILA, Philippines — The Quezon City Regional Trial Court (RTC) has rejected the appeal of the National Telecommunications Commission (NTC) and former National Security Adviser Hermogenes Esperon Jr. to lift the injunction order on the blocking of access to alternative news website Bulatlat.
“The Court sees no compelling ground to reverse its finding that the plaintiff was able to sufficiently establish all the requisites for the issuance of a preliminary injunction,” QC RTC Branch 306 said through Presiding Judge Dolly Rose Bolante-Prado.
The NTC, in its appeal, said the issuance of the Memorandum to Internet Service Providers was a singular act that has been implemented already.
“There is nothing more to be prohibited or restrained since there is no further continuing act from defendant NTC; the Memorandum has already been issued and was effective,” NTC said in its appeal.
But the Court said, “what is actually sought to be restrained here is the blocking of the website bulatlat.com after a directive that continues until an injunction is issued by the Court.”
“As the said directive continues to be enforced, the issuance of a preliminary prohibitory injunction restraining the NTC from enforcing the same, insofar as bulatlat.com is concerned, is proper,” the Court said.
Regarding Esperon’s motion, where he said Bulatlat failed to prove that the blocking of its website was due to NTC’s order, the Court said it is “simply an irrational insistence to ignore what is already obvious.”
The Court said the NTC memorandum “unequivocally directed all concerned ISPs in the country to block a number of websites, including bulatlat.com.”
“To conclude that the blocking was not due to the NTC Memorandum is simply an irrational insistence to ignore what is already obvious,” the Court said.
Bulatlat sought the Court’s intervention after NTC issued a memorandum requiring internet service providers to block access to Bulatlat’s website due to its alleged links to a communist group.
The NTC issued the order because of Esperon’s request.
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