ABS-CBN Broadcasting Corporation's chief legal officer said the media giant will file a motion for reconsideration, after the Supreme Court dismissed the network's petition requesting a dismissal of an investigation conducted by the Department of Justice on the "Wowowee" stampede that killed 71 people.
The deadly stampede on February 4, 2006 happened as a crowd of 'Wowowee' fans (estimates run as high as 30,000 people) tried to get into the show's first year anniversary bash inside the Philsports Arena in Pasig City.
ABS-CBN earlier questioned the DOJ probe before the Supreme Court, claiming that the speedy investigation as well as certain statements by Justice Secretary Raul Gonzalez proved that the agency is biased against the network.
The 22-page decision penned by Justice Conchita Carpio-Morales said that the high court found nothing defective in the DOJ's complaint and resolution despite having no signed affidavit from the victims. The Supreme Court said that the facts of the case as stated on record are sufficient.
The high court also said that remarks made by Gonzalez to the media do not indicate that he has already pre-judged the case. It added that any fear on the part of the network regarding possible bias is just "speculation."
The Supreme Court also disagreed with ABS-CBN's contention that the DOJ violated lawful procedure by conducting both the criminal as well as preliminary investigation on the Wowowee stampede.
The high court said that records show that it was the National Bureau of Investigation, not the DOJ, that conducted the criminal investigation.
Supreme Court spokesman Midas Marquez said that the high court's decision paves the way for the continuation of legal proceedings, although the network still has 15 days to file a motion for reconsideration.
ABS-CBN's official statement on the Supreme Court ruling is as follows:
"ABS-CBN Broadcasting Corporation will file a motion for reconsideration with the Supreme Court.
"We want to emphasize that this is not a ruling on the merits of the case. There is no finding of any liability on the part of any officers or staff of ABS-CBN.
"We maintain our position that ABS-CBN was not remiss in taking the necessary precautions in undertaking the event. While we believe that there was no negligence on the part of the network’s officials, ABS-CBN has taken the lead in helping the victims’ families through the 71 Dreams Foundation."
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