Acting on a petition by executives of broadcast giant ABS-CBN who claimed that the DOJ had prejudged the case, the court issued a temporary restraining order on the probe pending a hearing on a final injunction.
The preliminary investigation is aimed at establishing probable cause of criminal negligence against several ABS-CBN executives and popular "Wowowee" host Willie Revillame.
The probe followed a National Bureau of Investigation (NBI) recommendation that criminal charges be filed against 17 people, including ABS-CBN officials and game show organizers.
The NBI had also recommended administrative charges against Pasig City Mayor Vicente Eusebio for granting a permit despite the lack of a security plan from the show’s organizers to prevent such a stampede.
ABS-CBN disputed the NBI report, saying it was "without factual or legal basis." The findings also whitewashed the culpability of others, according to ABS-CBN, who should share in the blame.
In its petition to the Court of Appeals, ABS-CBN countered that the DOJ had shown bias against the network during the proceedings which could cause "grave and irreparable damage and injury" to their image.
The appellate court set a hearing for April 24 to determine whether it would issue a final injunction.
"It’s an opportunity for us to present our evidence in court because the DOJ has already prejudged the case," said Regis Puno, counsel for the network.
In a radio interview last month, President Arroyo blamed the organizers of "Wowowee" for the stampede. ABS-CBN protested that Mrs. Arroyo’s statement was premature, pointing out the NBI was then in the midst of its investigation.
Some 30,000 people had massed outside Philsports Arena in Pasig City to gain entrance to the February 4 live broadcast of "Wowowee," during which huge prizes were to be offered to the audience. But the stadium could only accommodate 17,000 people.
The crowd broke through a metal gate, trampling upon one another in the scramble for tickets.
Fans had hoped to win jeepneys or houses or even the top prize of P1 million, a special offering on the show’s first anniversary.
Around 40 percent of Filipinos live on about P100 a day, and game shows like "Wowowee" that offer substantial prizes have a huge following.
An initial inquiry by the Department of Interior and Local Government (DILG) had concluded that the show’s organizers and ABS-CBN failed to provide adequate security for fans and could be held criminally liable for the tragedy.
The panel cited at least three unnamed ABS-CBN executives for negligence.
ABS-CBN demanded another "impartial investigation" into the stampede, noting that members of the DILG panel included police officials who ABS-CBN believes should share responsibility for the tragedy.
Interior Undersecretary Marius Corpus, the head of the DILG fact-finding panel, said the thousands of "Wowowee" fans were "treated like animals, made to suffer inconveniences and made to fight for raffle tickets."
Corpus later apologized for the statement after ABS-CBN chief executive Eugenio "Gabby" Lopez III expressed outrage and denied the network treated fans shabbily.
Network officials maintained that the show’s organizers did all they could to ensure safety.
In their Jan. 17 letter to Eusebio, the show’s organizers reportedly asked the Pasig City government for police assistance, saying they expected an audience turnout beyond Philsports Arena’s capacity and that a stampede was possible.
Aside from possible criminal charges from the DOJ, ABS-CBN is facing a possible class-action suit from stampede survivors and families of the victims. — With AFP