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QC Court Issues TRO vs PCIJ Blog

The Philippine Center for Investigative Journalism today removed this post from its blog after Quezon City Regional Trial Court Presiding Judge Ralph S. Lee issued a temporary restraning order against the group, a first in the Philippine blogging history.

The post contained the profile of Micheal Defender, err, Defensor’s audio expert, Jonathan Mallorca Tiongco, including his criminal cases.

In issuing the TRO, the court granted the request of Tiongco’s wife, Rona, who said that the PCIJ blog post was an intrusion into her private life and a “grave violation” of her rights and those of her minor children.

The court said that it had not yet ruled on the merits of Mrs. Tiongco’s allegations, but that an order removing the blog post was “the safer and more prudent recourse in order to safeguard and balance conflicting rights and interests of the parties/litigants.”

Below is the full text of the PCIJ blog post ordered removed by the QC court, courtesy of Google:

Mike Defensor’s expert

August 12, 2005 @ 6:00 pm · Posted by Vinia Datinguinoo
Filed under In the News

WHEN Sec. Mike Defensor introduced his audio expert, Jonathan Tiongco, to the media this morning, he took pains emphasizing that it was Tiongco who had vehemently opposed the appointment of Angelo Reyes to the Department of the Interior and Local Government.

By pointing this out, Defensor wanted it known that no one could accuse Tiongco of being a mercenary; the guy had, in fact, objected to a key Cabinet appointment made by President Gloria Macapagal-Arroyo, and he is credible. He is a sound engineer schooled in Japan with some 12 years of experience in digital audio engineering.

But a dossier from the Philippine National Police (PNP) shows Tiongco has a checkered past as it lists a string of criminal cases against him, ranging from grave threats to murder.

And for anti-crime advocate Tessie Ang-See, Tiongco’s credibility is suspect. Ang-See told PCIJ that in March 2004, Tiongco approached her to ask for her support in the cases against Reyes, who was then anti-kidnapping czar. Reyes was the subject of criminal and administrative cases filed in the Ombudsman for, among others, illegal detention, multiple murder, kidnapping, and grave coercion. These charges stemmed from the kidnappings in late 2003 of two Chinese-Filipinos: two-year-old Gian Jethro Chua and corporate executive Betty Chua Sy.

To convince her, Ang-See said, Tiongco showed a photograph of Gian Jethro’s kidnapper who he claimed was a close-in bodyguard of Reyes. He also gave her a video of the crime scene where a bank robber was killed, alleging that it was a rubout and that Reyes had a hand in it. The purpose, Ang See said, was to show Reyes’s alleged involvement in kidnapping and robbery cases.

But when Ang-See had these independently examined, she was told that these were altered. Ang-See said no to Tiongco’s request for her to support the cases against Reyes.

After she refused, Ang-See said, Tiongco began sending her threats through SMS. This was also the time, according to Ang-See, when she was included as one of the respondents in the supplemental case filed against Reyes regarding the case of kidnap victim Sy. (That case has since been dismissed.)

Early this year, when the Commission on Appointments was deliberating on Reyes’s DILG appointment, some members of the body also expressed doubts about Tiongco’s credibility. Sen. Dick Gordon said the CA had gathered documents showing Tiongco’s string of criminal cases and his opposition to Reyes’s appointment should simply be thrown out.

According to the PNP dossier, Jonathan Mallorca Tiongco, 35, had 11 criminal cases either pending in or resolved by various courts in Iloilo, Pampanga, and different cities in Metro Manila as of 2003. The cases include murder and frustrated murder, homicide, illegal possession of firearm, carnapping, grave threat, and estafa.

Six of the cases were dismissed by the courts either for lack of interest on the part of the complainants or after Tiongco secured a settlement. He was acquitted in one case; one case was archived after police failed to locate Tiongco. As of 2003, three cases were still being heard.

Tiongco was born in Jaro, Iloilo and has known addresses in Fairview, Quezon City and San Fernando, Pampanga. He has four children, two each with his two spouses. The police know him to have several aliases: Jaytee, JT, Jeff, Jonathan Monarca Tiongco, and John Thomas Mendoza Tiongco.

The following is the PNP’s summary of Tiongco’s criminal cases:

1. Homicide, Pasay City, 1997. Tiongco was accused of shooting a barangay tanod who had responded to an altercation between the suspect and another man.
Status: Ongoing trial.

2. Multiple attempted murder, Iloilo City, 1996. Tiongco was charged with shooting three men. Police say one of the three men was a barangay captain who had interceded on behalf of a family with whom Tiongco’s own family were involved in a land dispute.
Status: Ongoing trial.

3. Murder, three counts, and frustrated murder, Iloilo City, 1994. Tiongco and his co-accused were charged with shooting four individuals, killing three of them. He was finally arrested in 2002.
Status: Tiongco was acquitted.

4. Violation of R.A. 6539 (Anti-carnapping Law), Angeles City, Pampanga, 2001. Tiongco and two companions were apprehended by city police while in possession of a car not registered in any of their names. A month earlier the theft was reported to the police.
Status: Dismissed.

5. Violation of the gun ban provisions of the Omnibus Election Code, San Fernando, Pampanga, 2001. Tiongco was arrested after brandishing a handgun in an altercation with the complainant while the gun ban was in force during the election period.
Status: Ongoing trial.

6. Violation of PD 1866 (Illegal possession of firearm and ammunition), San Fernando, Pampanga, 2001. This charge stemmed from the same incident described in #5, for which he was sued for violating the election gun ban.
Status: Dismissed.

7. Grave threat, San Fernando, Pampanga, 2001. This charge involved the same incident in #5.
Status: Settled, then dismissed.

8. Violation of PD 1866 (Illegal possession of firearm and ammunition), Iloilo City. The dossier does not have details of this case.
Status: Dismissed.

9. Grave threat, Pasay City, 1997. This involved the same incident in #1.
Status: Dimissed.

10. Violation of BP 22 (Bouncing checks law), San Juan, Metro Manila, 1992.
Status: Archived after Tiongco was not found by the police.

11. Swindling/Estafa, Makati City, 1993. Tiongco was accused of failing to remit some P54,800 in company funds.
Status: Settled, then dismissed.

7 replies on “QC Court Issues TRO vs PCIJ Blog”

wondering whether right to privacy supercedes freedom of expression?

i think freedom of expression is much a greater causa than claims that Tiongco’s right to privacy has been violated.

isn’t it a circumstancial evidence that jonathan tiongco, coming forward as a public figure in defense of garci tape and i presume, under oath means that he is waiving their rights to privacy.

with the controversy being out there, don’t they [the QCRTC] think that other blogger will be reproducing the same entry just like what you did?

i think, if Tionco’s wife is serious with her allegation of invasion of privacy, i think she should also file complaints against google for archiving the entry.

well, i think that what they’ve done in private has now become public and the public no longer think it as private anymore.

or maybe, it’s just my thought and i am not a lawyer after all.

[…] Mukhang dinudumog na sa mga blogsites ang balitang na TRO ang PCIJ. Ito ba talaga ang pinakaka-abalahan nyo ng panahon? Tignan nyo na lang dito, dito, dito, dito, dito, dito, dito, dito, dito. At dito pa at dito. At sino yang mga nagsasabing tuta ko tong si Jonathan Tiongco? Abay, cute ang mga asong tuta ko noh! Papatunayan ko sa inyo na hindi sya isa sa mga tuta ko. […]

[…] Other bloggers wondered about the reach of the order. Technology blogger yuga asked: “What if every other Filipino blogger re-posts the entry in their respective blogs?” Some already have. Another intriguing and potentially far-reaching question: In directing blog readers to a Google cache, did PCIJ violate its obligation to refrain from “causing to broadcast, publish, or post articles and statements similar and related to, or connected and in conjunction with” the post? Law professor J.J. Disini thinks there is an argument that it did. […]

Guilty as Charged, they Counter what their guilt is!
Political Celebrities are at stake so was the reacting guilty man

Tuesday, May 16, 2006
why the 45kid? thats the title of the movie that i did with isabel granada and michael rivero, directed by deo fajardo…its all about being young hanging out with your friends, getting into trouble into drugs getting busted by the cops…the police are played by ricardo cepeda and ramon ‘monching’ guitterez (two of coolest dudes i’ve had the pleasure of working with…cooler than most motherfuckas i’ve met in showbiz, no doubt!) well, they are a bunch of bad cops who kill the rest of the other conyo kids in the jail to keep their illegal activities such as using prisoners to sell their drugs, to commit robberies and kidnappings for ransom for the cops. then when they have the money, they kill them keep the loot just like the cops in real life do. i’ve known some detectives in the criminal investigations group in camp crame and in every sector of law enforcement involved in criminal activities especially the police from local to national level who are the real criminals who rape rob kill and set up the small time street hustlers and drug users who cant do anything against these monsters and end up floating in the pasig river or chopped up and tortured to death in some safehouses and even in the jail. i’ve been arrested several times for possession of firearms and ammunition including a high powered armalite, 1911 customized 45 w/bull barrel ambidextrious safety and beaver dovetail which was taken interest in by the capt of the team that arrested me after a car chase fromquezon city to meycauayan bulacan (i have jonathan tiongco to thank for that after all, that’s what are friends are for) gee, thanks a lot pare… was it because i pointed that gun at you that you sold to me, after i found out that it was you who stole my mothers car in pampanga, after you threatend my mother into not pressing charges and for disrespecting my mother in court, was it because i got really pissed off after finding out that my’best friend’ and my kumpare was stabbing me behind my back and was so jealous of my success that he was destroying my life my carreer my family and my reputation by setting me up, and you went all out criminal to destroy both me and nora aunors lives when we gave you nothing but love and friendship? i even introduced you to joseph erap estrada, who by your own admission you met through me! I’M THE ONE WHO MADE YOU! IF IT WASN’T FOR ME YOU’D BE SITTING IN JAIL FOR ALL THOSE PEOPLE THAT YOU HURT AND KILLED, WITHOUT EVEN GIVING THEM A CHANCE TO PROTECT THEMSELVES!!! JUST LIKE THAT PERSON YOU KILLED IN PASAY WITH THAT .22 lr MARLIN 700PPS with A SUPPRESSORED BARREL, YOU HAD ROBERT IGNACIO ON LOOK OUT THEN YOU AND JEROME DROVE BY AND SHOT HIM. YOU EVEN HAD JEROME DO YOUR DIRTY WORK FOR YOU WHILE YOU HAD A GUN TO HIS HEAD YOU SICK AND TWISTED FUCK! NOW THAT I REALLY THINK ABOUT IT, I WISH I HAD PULLED THE TRIGGER ON YOU WHEN I HAD THE OPPORTUNITY! THEN MY LIFE WOULD BE THE WAY IT WAS BEFORE… BACK WHEN I WAS THE BOSS, AND YOU WERE JUST MY BITCH!!! YOU STILL ARE!!! I KNOW THAT YOU WERE SUCKING UP TO ERAP, AND THE BOTH OF YOU CAN KEEP EACH OTHER COMPANY IN HELL, BECAUSE THAT’S WHERE ALL BAD GIRLS GO! J, YOURE GONNA GO TO HELL, i’m really sorry for your family, because THEYRE PROBABLY GONNA GO TO HELL TOO, JUST LIKE THEIR FATHER WHO IS A LIAR AND A MURDERER FROM THE START! YOU’RE A BAD BAD BADGIRLLL! AND YOU ARE EVERYTHING YOU ARE TODAY BECAUSE OF ME…I’M YOUR DADDY! AND YOU JONATHAN TIONGCO, MR MIXASSASSIN- MR. AUDIO-EXPERT, MR. DJ JAMTRX, all good things come to those who wait. you’re on ice ice baby- remember “revenge is a dish best served cold”, so dress warm try to play nice okay? dont be such a crazyperson, labanan mo ‘j’, bakasakaling magbago ang lahat sa buhay mo, tanggalin mo yun ugali mong inggitero, at bawasan mo yun dak-dak ka nang dak-dak, ok? baka matuluyan kang bumigay at ang susunod na mabalitaan namin sa iyo ay namimikup ka ng mga callboy sa disco o gaybar tapos pinapatay mo ala JEFFRY DAHLMER o yung JOHN WAYNE GWACEY cause my brutha…YOU IS CWAZY!!!. gumawa ka nalang ng mga re-mix tulad nang “TINY BUBBLES” O “YUNG PEARLY SHELLS”, hindi kasi mabenta yung dag-dag yundag-dag sa “HELLO GARCI” remix from THE ‘GREATEST HITS’album ni GLORI a? k.
posted by batang .45 at 4:02 PM

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