CA voids suspension of Tulfo brods’ show

MANILA, Philippines - The Court of Appeals (CA) has voided a suspension order issued by the Movie and Television Review and Classification Board (MTRCB) against the program of the Tulfo brothers on TV5 for cursing at and threatening couple Raymart Santiago and Claudine Barretto, who figured in a scuffle with their older brother Ramon last year.

In a 39-page decision released last Friday, the CA’s former sixth division held that the three-month suspension and P100,000 fine imposed by the MTRCB against the show on May 30, 2012 was unconstitutional as it “unwarranted and effectively constituted prior restraint.”

The CA ruled that censorship body “overzealously and mechanically applied its standards and barely considered the limitations set by the Constitution” and issued a “too harsh” penalty on the show.

“The severe penalty that the MTRCB metes out is akin to a single-strike policy which creates an unsparing and oppressive broadcast media environment rather than one which is tolerant, open and constructive,” read the ruling penned by Associate Justice Rosmari Carandang.

Citing TV5’s self-regulatory mechanism, the CA ruled that the board “imposed its power in a heavy handed manner and ignored the fact that TV5 franchise’s, like that of other television networks, provides for concurrent rights and responsibilities.”

Associate Justices Ricardo Rosario and Danton Bueser concurred in this ruling.