THE Probe Team, the country’s longest-running television newsmagazine, faces an investigation for possible inciting to sedition for airing an interview with an escaped mutineer last week.

Justice Secretary Raul Gonzalez on Tuesday ordered the National Bureau of Investigation (NBI) to investigate the program and its host, Cheche Lazaro, for its April 21 episode that featured an interview with 1Lt. Sonny Sarmiento.

The Probe Team has defended the interview, saying it “falls within the legitimate exercise of freedom of the press as well as within its mandate to inform the public of matters of public concern.”

Sarmiento, alleged to have taken part in a 2003 mutiny against President Arroyo, escaped from Fort Bonifacio in January this year.

In Probe’s interview, Sarmiento, according to ABS-CBN, said: “In the coming days, the people should watch out because we will make our presence felt.” He also said their plans were being “carried out by officials and ordinary soldiers who are still active in the Armed Forces.”

The Probe Team airs on ABS-CBN Channel 2.

In a memorandum order addressed to NBI Officer-in-charge, Nestor Mantaring, Gonzalez said “clearly seditious statements” were aired in the episode. “Ms. Lazaro may have encouraged the rebel soldiers to pursue their illegal activities against the government,” he said.

The task of investigating Probe has since been delegated to the Bureau’s Special Task Force.

Following Gonzalez’s instructions to the NBI, the National Telecommunications Commission (NTC) asked ABS-CBN for a copy of the episode.

A one-sentence letter was sent by NTC Regional Director for NCR Delilah Deles, on April 26, to ABS-CBN Network’s Vice President Manoli Manalastas. No explanation for the request is contained in the letter.

In a statement issued today, Probe said it “has refused and will continue to refuse to follow the NTC’s uncalled for order.”

“At the heart of this issue is government’s authority and power to impose prior restraint and subsequent punishment on content-based expression such as the broadcasts of The Probe Team,” the program’s producers said.

They said none of the powers vested on the NTC allow it “to monitor or judge content of a broadcast nor to ask or demand for the turn-over of tapes of a broadcast for evaluation of content.”

“The Probe Team has been around longer than this government and its long track record of responsible and ethical journalism cannot be disputed nor should it be sullied by unwarranted actions of the NTC.”

Probe Productions is among the media groups that filed a petition with the Court of Appeals in early March against executive officials whom they said were engaging in an assault on press freedom.

On April 7, the CA instructed the respondents, including DOJ secretary Gonzalez and NTC Commissioner Ronald Solis, to reply within 10 days of the order. No such reply has yet been submitted.

The CA will then give the petitioners five days to submit their counter-reply, and then will issue its order on the petition for a Temporary Restraining Order against the respondents.

Read Probe’s full statement.

24 Responses to DOJ orders investigation of The Probe Team

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jester-in-exile

April 28th, 2006 at 6:58 pm

what secretary gonzales has done is completely correct, and i support him fully!

anything that makes the administration look bad or weak is seditious! anything that protests against this administration is a crime! anyone who raises dissent is a treasonous scoundrel who must be hanged!

these investigative journalists do deserve to be charged with sedition, because the stories they provide the public allows people to make informed judgments… and we cannot have that in this country! we cannot allow the people to think for themselves, and we must make sure that the people believe only what we want them to believe!

we have to support this strong republic, and everyone who opposes us is our enemy! we have to fight for this constituted government, no matter that we’ve never proven beyond a doubt its legitimacy! we have to to fight against the destabilization of the government and destroy threats from the opportunists in society, whether the threats exist or are imaginary! prior restraint must be enforced on the media, as who knows what they might find out about us!

we must not allow truth to subvert our hold on power! we must return the philippines to the glorious days of martial law! we must forget the lessons of edsa, and apply the principles of PD 1081resurrected through PP 1017! investigate anyone who disagrees, throw anyone who protests in prison! freedom of expression is inimical to the national interest, and shall be dealt with!

mabuhay, secretary gonzales! you are an inspiration to all of us filipinos who are tired of the endless politicking and only want to move on! may your crusade against these courageous seekers of truth, justice, honor, and freedom succeed!

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mikekcohen

April 28th, 2006 at 7:35 pm

can I report?
I forgot to spell check!

To me this is much “bruahahah” over bothing; I know the men of the NBI STF and they are fair and professional, If Atty. Ed Arugay is still heading it; Probe will get a fair review. that said- all I can see here is a request letter for a copy of a tape of program which is subject to law- a requirement all Broadcasters have to comply with. It is something aired at sdign on and sign off for all stations nationwide.

” A one-sentence letter was sent by NTC Regional Director for NCR Delilah Deles, on April 26, to ABS-CBN Network’s Vice President Manoli Manalastas. No explanation for the request is contained in the letter.” – agian per the LAw- none is required!

It says – I read it posted on this website ‘May we request a copy of the program aired….” Not the master tape- but a copy of the tape aired? you can challenge it court BUT; if it only wants copies of the”program aired” the broadcaster has to comply with a lawful order..

Now, Cong. Gilbert Remulla and another Congressman (sorry forgot his name) introduced a bill recently to amend laws governing broadcasters and freedoms of speech and press.
What every TV station manager or owner or news director and or producer learns “DAY ONE”… is Broadcasting has specific rules and conduct which makes this field of journalism subject to “Government review” and regulation that sets it apart from other Journalism.

I got that lecture from Che-Che’s old profesor at UP; Miss. Lulu Ilustre a former KBP president who pounded it into us at the Palawan Broadcasting Corporation.
“Responcibility, you must be able to present a report that will be able to face all forms of scrutiny.” In our case at that time we were the only station on the Island.
So you better believe we were made to make sure everything we reported was balanced, fair, and clearly capable of facing anything. I often joke with former students of Tita Lulu; you only had her as a instructor and profesor- to us- she was part Boss, Part Mom part judge jury and executioner! Boy this brings back memories…
On a global view of this – There is a common legal opinion, not only here in the Philippines, But in the USA, the EU, etc. “That as a private franchisee of a public resource- the airwaves- broadcasters are subject to strict regulation.”

If you look at the KBP code and Broadcast franchise licence of a TV Station, it’s all there. .Most of those are copied from the FCC code in the USA; stations there go through this a lot – but- when raw production tapes are demanded. There in lies the difference.

Then there is no the “KBP code” which governs broadcasting here as specific rules on sensitive subject mater in newscasts.aired – that is another mater- but not a mater raised here or so it seems in this order.

So until broadcast laws are amended this “one sentence letter’ or similar type of communication is all that is required, for “ANYTHING AIRED” Broadcasters; be they news or entertainment shows may be required to submit to until such a time laws are written or made as such to extend other protection provided for print media..
If it raw material- or video not aired being requested – Then A classic case a few years back in the UK where a series a IRA interviews were seized from a local BBC station under censorship & security rules. In that case commando team was sent in and nearly everything taken – and this is in the UK. Where specific laws exist for this.

Mind you- I have had my own experiences with “tapes taken” I don’t ever want to go through again r- but as explained to me then – i was on “exclusion or private property” not a public place when that happened. Hence; I did have to allow my tapes to be taken, personal opinion aside of my views on that incident.

I do hope at some point; more laws will be passed to cover this kind type of case but until such. One can fight it out in the courts. Good luck! Oh, by the way… if anyone in guesthouse ever sees a beta cam tape… someone seized… years ago… uh… I had to pay for that out of salary… could I have it back now please?

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mikekcohen

April 28th, 2006 at 9:08 pm

Mea Culpa! For my punctuation and spelling errors! But I can’t figure out how to delete these posts or change them! Perhaps PCIJ can include that as an option in a toolbox like other forums of comments have, maybe? Perhaps? Someday?

PLEASSSSEEEEEEEEE!

Mike Cohen

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lokalokang matino

April 28th, 2006 at 10:18 pm

Gonzalez should investigate first the case of NANI PEREZ, the Swiss government
sent the information many years ago, Gonzalez, the Justice Secretary of gloria arroyo must act on the Nani Perez case first, there is paper trial pointing to Nani Perez, Is Gonzalez afraid to touch the case because doing so would expose a bigger amount probably $12 million which will further lead to a high government personality?

More relevant issues need investigated, The Probe Team interview of Sarmiento is no different from the other show’s episodes. Viewers are intelligent, Gonzalez has no right to dictate what shows are to be shown or not. This country cannot move on if government officials would devote their time on simple cases rather focus on bigger issues. gonzalez is indeed, no justice secretary of the people, he serves only gloria arroyo. From day one of his stint in DOJ, I can’t remember any noble deed this puppet had ever accomplished.

The only thing I recall about this man, is that everytime he opens his mouth, it
spews rubbish and poison. The DOJ and the Filipino people does not deserve him, only gloria deserves him.

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Jon Mariano

April 28th, 2006 at 10:40 pm

If you’re Gloria you’ll love this guy! He served her “noted”-ly during the canvassing remember? He’s serving her very well now once more. Sure he’s taking in some heat, but he’s also taking some heat away from Gloria!

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ocayvalle

April 28th, 2006 at 11:25 pm

Sec Gonzales has no place in our society!!his so evil that he will do any demonic act just to save his satanic evil boss GMA..was he a part during the 2004 canvassing at house of congress,doing his best evil act not to open the ballot boxes so they can review the authentic ER`s and SOV`s? so what do you expect?
his a 79 years old man who think that he will live for 100 years to reign on his evil acts just to preserve his satanic boss GMA..i pray to GOD and hope that this evil man be taken by our lord,together with GMA and all her evil cabals and minions in malacanan,like Ermita,Bunye,Puno,Defensor and others,that put our country the Philippines to be in crises right now..look what happen to Dir Wyccoco..he lived to lie for satanic GMA and he died lying for satanic GMA..
wish we all honest and dedicated freedom lovers and fighters filipinos and all filipino citizen all over the world to unite and oust this satanic GMA and his evil cabals out and put them to where do they belong….J A I L !!! crime does not pay in this world…

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Phil Cruz

April 29th, 2006 at 12:16 am

mikecohen,

Your comments are indeed very “interesting”. Although I find them odd coming from a “journalist”. Are you really a journalist?

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Chabeli

April 29th, 2006 at 12:38 am

What does this also say? siRAULo & GLUE-RIA can’t catch 1Lt. Sonny Sarmiento, but The Probe Team has been able to get an interview. Now, who’s been sleeping on the job? No wonder siRAULo and GLUE-RIA are fuming–it makes them look ridiculous and stupid! That shouldn’t be The Probe Team’s problem. They simply did their job.

Kudos to The Probe Team for a job well done!

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mikekcohen

April 29th, 2006 at 5:38 am

Phil Cruz-

I have to admit I am Phil, a very embarrassed Journalist, perhaps better described as Broadcast journalist, for my not taking the time to preview and edit my post for it’s miss-cues, But I thought like most forums this one had a preview filter..

My mistake.; Yes I am, a Broadcast Journalist with over 15 years in business perhaps that’s why my “print copy” as it were is so “bad” TV news can ruin your writing skills.
Another reporter asked me to post a reaction on this site to this story in light of a incident where-in I had a similar “albeit” less formal issue over a “tape.”

Yes Phil- I am not perhaps the best, or the worst, and far from the last – mind you- I do understand the issues here.

But; what I am saying is there is a need for clearer set of laws on this – as they are written now – TV Stations and networks are subject to a lot of intrusive actions – legal yes, because of the current rules of the broadcast franchisee. It’s actually a question on the accreditation exam of Announcers.

The Kapisanan ng mga Boradcaster sa Pilipinas: better known as the KBP have the following guidelines to Broadcasters.

The KBP Code :Government Regulation
The broadcast industry is regulated by both the government and the industry. The government agencies responsible for the regulation of the broadcast media are: the National Telecommunications Commission (NTC), the Movie and Television Review and Classification Board (MTRCB), and the Videogram Regulatory Board (VRB).
The NTC issues licenses and permits to construct and operate broadcast stations and to purchase radio transmitting equipment. It is responsible for the allocation of frequencies and the implementation of technical standards. It is interesting to note that the technical standards of NTC were originally formulated by private broadcasters belonging to the KBP.
The MTRCB is responsible for the classification of film and television programs and prohibits the broadcast of materials which are objectionable for being ”immoral, indecent, contrary to law and good customs.” The MTRCB also prohibits materials which tend to incite subversion, insurrection, rebellion or sedition against the state.
NTC Guidelines: http://www.pcij.org/blog/?p=685#more-685
So Phil, What I am saying; is this is a mater a way perhaps for these rules to be brought before a court ; perhaps even the Supreme Court to be looked into – and these rules defined in light of the constitution.; For as the regulations now stand – Giving up a tape of Program to be aired or handing one over of a program already aired. Is currently the rule; Yes, in my humble opinion; and in minds of many who practice this field; This type of thing may be considered a form of ‘harassment’ but as the laws are written now. And mind you not only in this country- but in many places around the world
It is a “legal” form of such actions; Broadcast Journalists have to contend with guidelines and standards and every day.- Further; On this website sits a memorandum circular on this topic as well; specific to the issues and topics aired that night. So was the program a challenge to the newly implemented rules versus press freedom?
You bet it was! How much further will each side push to see what can be aired or stopped. No one can answer that. .

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Phil Cruz

April 29th, 2006 at 1:10 pm

mikekcohen,

Sorry, Mike. May I call you Mike? I just might have misunderstood your statements in your original comment. I thought you were actually very willing to give the NTC a copy of the Probe Team tape without resistance.

So you were a victim, too. And you don’t agree to these broadcast and NTC guidelines but it’s the law, you say, and there’s not much that can be done at this time. So, Mike, I understand now.

But I think it would be best to support the stand of the Probe Team to fight this intimidation again of the media.

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schumey

April 29th, 2006 at 1:57 pm

This is the “twist” the administration uses all the time. I’m not sure if its pure arrogance or total disregard for the rule of law. Yes Mike, we have to abide by guidelines, but if the institution tasked to implement, execute and abide by these laws is the one who “abuses and violates” these laws, who is now to say that the Probe report is seditious. We all know for a fact how Gonzalez who was once disbarred due to ignorance of the law interpret these laws to satisfy their own personal interests.

Personally, this is pure and simple harrassment. It seems that Probe and the hosts of UNTV’s early morning show are the only ones in the broadcast media today who has enough guts to report the truth behind news.

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Phil Cruz

April 29th, 2006 at 3:25 pm

Hi, Schumey,

Which cable network and which channel is UN TV on? What time is that early morning show?

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jr_lad

April 29th, 2006 at 3:27 pm

ocayvalle,

you are very right about injustice gonzales. the guy is so evil with his demonic acts. always too fast to jump the gun against the opposition and the media who are critical of his boss but look at what he’s doing with the other cases (what are those mountainous papers on his table anyway?) that merit his attention. just check his latest “kapalpakan” on the olongapo rape case. he is now saying that he knows of 2 witnesses that could be the key to the dismissal of the charges against the 4 US marine suspects. he is clearly lawyering for the accussed. indeed, what’s keeping him in that position is only to take some of the heat away from gloria.

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Toro

April 29th, 2006 at 6:10 pm

Raul Gonzalez was suspended, but never disbarred. At least not yet. I recall he was then a congressman who was so insistent in investigating the judicial fund, but his behavior was deemed to be insolent that Chief Justice Fernando suspended him. The suspension was lifted sometime later.

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jr_lad

April 29th, 2006 at 8:29 pm

raul gonzales was actually the Tanodbayan (now Ombudsman) when he was suspended by the SC. http://www.newsbreak.com.ph/newsbreak/story.asp?ID=132

the irony of all is, when he then ask the SC to lift his suspension, he cited his “long record in the service of human rights and the rule of law” during the martial law years.

what happened to those long years of human rights service?

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mikekcohen

April 29th, 2006 at 8:32 pm

Phil & schumey,

I support Probe’s stand but;

Anew- read the letter of the NTC, they want a tape of what was aired. I say to them to comply with the law.

AND as is the law or KBP rule rather states- BILL THEM FOR IT!

Improve network revues at the same time!

It was “aired already” Per KBP rules the network could impose the standard fee to charge Government entities and private parties for a “Copy of program aired recorded and material as aired.”.

The same thing that advertisers pay for – or offset cost for versus ad rates.

Want a copy of something on air? Sure the high end about P3 million pesos per hoiur at international rates is the recognized standard international fee.in legal maters. – am basing this on a request made by the US justice department for Al Qaeda coverage by a US network – since the netwrok here that aired probe is seen across the globe the rate should follow recognized “fair market value”
(50-1 X $1,000 a minute) its a standard fee charged by most major networks whenever a legal mater is raised. Plus editing room fee’s and legal certification of content.

Now since this program was aired all over the world Bill DOJ and the NTC per copy; per minute rates of the program content. That too is in the rule. I rememebr that from election rules memo’s on requests for program dubs. I’ll find the memo somewhere.

Let’s see- normally that come to $1,000 a minute? Perhaps less.

Plus equipment costs, dubbing fee’s plus other charges.

Perhaps since in looking over the NTC rules anew – and it says that in agreement with the KBP standard authority memo’s “A station may bill the full cost of syndication when asked for a segment or program to be dubbed for Government or Corporate use.” I am paraphrasing the KBP circular.

Hey! this might be a great business idea for sagging revenues ! Every TV station could interview everyone on the “ban list” and as interpreted and pray the tapes are requested.

Remember they can bill at “fair syndication market value” per KBP charge the government for the costs.

Perhaps revenue at my old channel would climb back to what it was when I was there.

I can see the desk editors and assignment editors saying hey- yeah- interview them all –then wait for NTC letters – then…. Poof! Think Christmas bonus and revenue sharing!

Quick buy stock in both UNTV and ABS-CBN.

SO; Bill them for dubbing charges and program material costs; remember per KBP rules also as agreed to by the NTC; this must be paid before any material is handed over.
Hmmmmm…. Nasaan kaya si … teka muna…

But of course fight the “press freedom issues” in court if there are any for something already “Broadcast”.

However- if they want the Raw or Working tapes of the show- that is another mater entirely and is something that needs to be reviewed by a judge and a court order to be issued..

But honestly; All DOJ has to do is use another route really- you can buy off cable any off air or cable content of every show aired in the USA from monitoring services there that provide legal court certified copies and transcripts of shows.

Actually, once something is aired US Supreme court rulings say it is in the public domain. And thus is freely recordable so long as it was broadcast over the “AIRWAVES” not cable TV mind you. But ; since “Probe” is on DBO. Or broadcast satellite in US markets all DOJ or anyone has to do is go to any of the services and pay the fee’s really.

Take the network I work for now – whenever they are asked by Police, the courts, and others for copies of shows aired for whatever purpose- they always agree – but bill them for “a non-broadcast quality but true copy of material carried on channel”. And that unit of the news department “Monitoring” has the best Christmas parties… Oh well Happy Weekend!

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mikekcohen

April 29th, 2006 at 8:40 pm

Addendum: Although you can buy “monitored programs” you may not rebroadcast them copy or distribute.
So anything bought off the air from Monitoring services in the USA or elsewhere is for the sole purpose of the “private and or legal court use of the subject matter aired”

Just in case anyone has any ideas of just buying things also off these monitoring service companies – the fee’s are high.

The views also expressed here are mine and mine alone and do not reflect the views of anyone but me myself and I. I do not wish them rebroadcast, reposted, or published anywhere else and are for the sole enjoyment of the people reading this.here and only for attribution at a charge of a beer a word! heheheeh

Thanks
MKC

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jr_lad

April 29th, 2006 at 9:05 pm

hmmm, very interesting info mikekcohen. indeed, it will be good business for media outfits if the doj & ntc keep on asking copies of those “seditious” tapes and charged w/ standard fees. i’m sure they will have no problem paying for these fees. but at the end of the day, the big question would be, “whose money is being spent in paying for those recorded aired programs? again, juan de la cruz will bear the brunt for this inept govt action.

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schumey

April 30th, 2006 at 3:41 am

Hi Phil, UNTV is on CH 21 in Skycable and CH 99 in Destiny. Its show Magandang Gising Bayan airs from 5:15 am to 8 am. Its hosted by Jay Sonza and Batas Mauricio. If you dont have this channels, you may log on to http://www.untv.com and watch it on the net.

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schumey

April 30th, 2006 at 3:58 am

Correction * http://www.untvweb.com

Hi Mike. Are you the Mike Cohen who used to report in the morning news in one of the big networks? You just suddenly disappeared. I used to watch you report and wondered where you went.

I agree with you Mike, let Probe bleed the DOJ dry…hahaha.

“DEMOCRACY is an eternal vigilance”

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mikekcohen

May 1st, 2006 at 7:48 am

schumey-

Yes It is I, as it were, I did not “disappear” ! went abroad for my masters and worked in Nevada; I came back and spent a few years on the desk, the news channel, morning newscast – but it was more off camera stuff- meetings, working the desk, producing stories for ‘platforms”, i left anew in 2003 to go freelance. before the “mass cull” or retrenchments took place.
All and all; with two gaps of about a year and four months – I worked there as a “talent” for -gulp- Mid 1991 to 2003. I had to check – I still have all my memo’s even a few assignment duties stuff and paperwork.

Now am freelance correspondent for a US-UK-Australian-China network. Which is nice but I miss these kinds of things.

Oh- back to topic – The Memo circulars on the MOA’s & MOU’s; I am speaking of came after 87 & 89 coup attempt renewed in 1991 and I think similar ones were issued for 92, 98 elections as well.
Those cover the charging of fee’s for Government requests of dubs or news but moreso impose fines for failure to provide content or keep copies of content “Aired”…

Am told rules are still in effect.

Mike

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Cecile Impens

May 1st, 2006 at 4:07 pm

We probably failed to see that “binding string” between the citizens and justice system is getting very thin! It has been observed that the administration could easily obtain “royal favors” from the SC justices. Justice department has the total independence as supreme ruler to guarantee that the Law of the land is properly executed with impartiality and without prejudice, both for the rich and the poor. This is no longer true.
Needless to say, King Solomon’s descendants have never reached the front door of our justice department!

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schumey

May 1st, 2006 at 11:37 pm

Nice to hear you’re back Mike. I hope you can write more often here. Since you’re “around” again, maybe you can also update us on the politics and goings-on in the Asian region.

Again, welcome back.

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INSIDE PCIJ: Stories behind our stories » World Press Freedom Day: Media groups call for defense of press freedom

May 3rd, 2006 at 11:02 am

[…] The groups referred to the recent order by justice secretary Raul Gonzalez calling for the investigation of the current affairs television program, The Probe Team, for possible inciting to sedition. Probe had interviewed escaped mutineer 1Lt. Sonny Sarmiento. […]

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