In seeking to overturn Mayor Caesar Dy’s closure order, Bombo Radyo asked the court to issue a "memorandum with preliminary injunction," nullifying Dy’s order and compelling him to cause the resumption of the radio stations’ operations.
Bombo Radyo’s petition was referred to the sala of Executive Judge Henedino Eduarte of the Regional Trial Court Branch 19.
Dy ordered the temporary closure of dzNC Bombo Radyo AM and its sister station, dwIT FM, for allegedly operating without business permits and zoning clearances.
The stations also allegedly failed to secure a land conversion permit from the Department of Agrarian Reform when they erected a new building in an area which the city government had classified as agricultural land.
"We gave them enough time to produce these requirements but still they failed to comply," said Dy, brother of third district Rep. Faustino Dy III and Gov. Faustino Dr Jr.
Bombo Radyo area manager Charmy Sabigan, however, said Dy denied them the chance to secure these clearances.
She alleged that Dy had "personal motives" in ordering the two radio stations’ closure, an allegation which the mayor has denied.
Sabigan said Bombo Radyo has "religiously" paid and applied for the business permits but that Dy has been "seemingly reluctant" to issue them for "political reasons."
Bombo Radyo also claimed that the Department of Agrarian Reform found no basis to issue a land conversion clearance since the city government itself "refused" to certify the area which the radio network has been occupying for several years as an agricultural area.
Sabigan said Dy’s "armed" bodyguards, accompanied by police personnel, forcibly entered the radio stations last Feb. 12 and cut off power and communication lines.
She also accused the mayor’s bodyguards of confiscating the transmitter’s oscillator which is the "heart and soul" of a radio station.
Dy earlier said the radio stations could only resume their operations "provided they have all the papers the law requires them to produce."
The Bombo Radyo stations here, which have been perceived to be adversarial to the Dys, have been on air for over 30 years, starting out as local community radio stations until Bombo Radyo Philippines bought their franchise.
They are among 11 Bombo Radyo stations nationwide whose operations have been questioned for having alleged expired congressional franchises.
Meanwhile, Rep. Dy denied having a hand in the temporary closure of the Bombo Radyo stations here.
He said that during his nine-year stint as mayor here, there was never any instance that he got back at Bombo Radyo despite its being "too biased" against his administration.
He said Caesar was acting on his own when he ordered Bombo Radyo’s closure after he found it operating without permits.