ULTRA Stampede

MANILA, Philippines -- The Supreme Court has dismissed with finality the petition filed by officials of ABS-CBN against a Court of Appeals ruling favoring the prosecutors’ investigation into a deadly stampede two years ago at a stadium in Pasig City.

Seventy-four people were killed and scores were wounded in the stampede on Feb. 4, 2006 when thousands of people tried to get into the Philsports Arena (formerly Ultra stadium) in Pasig City to watch the anniversary of ABS-CBN’s noontime show "Wowowee" hosted by Willie Revillame.

ABS-CBN has questioned the results of the investigation by a five-man panel, headed by State Prosecutor Leo Dacera, from the Department of Justice, to determine the criminal liability of the petitioners in the tragedy, and raised the issue before the Court of Appeals which had ruled in favor of the prosecutors.

In a 22-page decision, the high court, through Associate Justice Conchita Carpio-Morales denied the television network’s suit that had accused the DoJ prosecutors of being biased.

"Petitioners' [ABS-CBN officials] fears are speculatory," a portion of the ruling pointed out as the high court said that there was no sufficient proof against the alleged bias of the court for the DoJ prosecutors.

"The presumption of regularity includes the public officer's official actuations in all phases of work. Consistent with such presumption, it is incumbent upon petitioners to present contradictory evidence other than a mere tallying of days or numerical calculation. This, petitioners failed to discharge. The swift completion of the investigating panel's initial task cannot be relegated as shoddy or shady without discounting the presumably regular performance of not just one but five state prosecutors." the high court said.

The high court added that the television station official's claim that the investigation was done hastily had no basis.

It said the DoJ prosecutors even allowed a preliminary investigation "even when it was not required since the case involves an alleged offense where the penalty prescribed by law is below four years, two months and one day."

"Neither is there proof showing that [Secretary Raul] Gonzalez exerted undue pressure on his subordinates to tailor their decision with his public declarations and adhere to a pre-determined result," the high court said.

"Speed in the conduct of proceedings by a judicial or quasi-judicial officer cannot per se be instantly attributed to an injudicious performance of functions. For one's prompt dispatch may be another's undue haste. The orderly administration of justice remains as the paramount and constant consideration, with particular regard of the circumstances peculiar to each case." the high court said.

In their petition, ABS-CBN, led by its executive vice president and head of the ABS-CBN entertainment group Charo Santos-Concio, asked the high tribunal to issue a temporary restraining order (TRO) against the preliminary investigation being conducted by the DoJ panel.

While the case was pending before the high court, the investigating team has ruled to indict all those involved except for Revillame with charges of reckless imprudence resulting in multiple homicide and multiple physical injuries.

The appeals court ruled that the conduct of a preliminary investigation was a function of the executive department and that the findings of the Justice Secretary were not subject to review of the court unless these have been issued with grave abuse.