The Quezon City Regional Trial Court has denied two motions urging the court to reconsider its order allowing the unblocking of the website of Bulatlat.
In a six-page resolution, QC RTC Branch 306 denied the motions for reconsideration filed by the National Telecommunications Commission and former National Security Adviser Hermogenes Esperon.
They sought to set aside the August 11 order of the court which granted Bulatlat’s application for a writ of preliminary injunction enjoining the NTC from enforcing its memorandum ordering internet service providers to block access to Bulatlat.com while the case is ongoing.
“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,” it said.
According to the court, Bulatlat, as an online media outfit, has the right to freedom of speech and of the press.
“These rights, however, were violated when its website, among others, was ordered blocked by public defendant NTC through the memorandum,” it said.
Further, the court denied the NTC’s argument that its memorandum was a singular act and thus there was no further act that was needed on its part to enforce the memorandum.
The NTC argued that there is nothing to restrain as there is no continuing act from the agency and that the memorandum has already been issued and was effective.
“It is the directive or instruction to block, a continuing act, and not the issuance, which is sought to be enjoined. The issuance is merely the manner of making known to the ISPs the directive which is to be carried out,” it said.
It also said that Esperon’s contention that there is no proof that the blocking of the website is due to the NTC memorandum does not convince the court.
The court said the memorandum directed ISPs in the country to block a number of websites, including Bulatlat, and that the NTC stated that it expects strict and immediate compliance.
“Thus, it is but logical to assume that the blocking of bulatlat.com can be largely attributed to the NTC Memorandum. To conclude that the blocking was not due to the NTC Memorandum is simply an irrational insistence to ignore what is already obvious,” it said.—LDF, GMA News
QC court denies bid to set aside order unblocking Bulatlat website
Source: Balita News
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