In a 16-page decision penned by Associate Justice Arturo Tayag and dated May 24, the CA said the Justice secretary has the authority to create panel of prosecutors to conduct an investigation and prosecution of all cases filed with the department.
The CA issued a TRO to hear the merits of the petition filed by ABS-CBN to stop the preliminary investigation. The network, which produces the noontime TV program Wowowee, had decried the perceived bias on the part of the prosecution panel.
Network executives claimed the Department of Justice had already prejudged the case, "thus losing their impartiality to conduct a proper and fair preliminary investigation."
The CA, however, ruled that Justice Secretary Raul Gonzalez’s orders for the creation of an evaluation panel and another panel to conduct the preliminary investigation against ABC-CBN executives and Wowowee staff were not "arbitrarily issued."
"On the basis of the above-quoted provisions of the Revised Administrative Code and PD 127, there appears to be no dispute that the department orders were issued by respondent secretary of the DOJ within the scope of his powers and authority," the CA said.
The panel had concluded that there was a need for the National Bureau of Investigation to conduct further investigation of those who may be held criminal or administratively liable of the stampede.
The NBI had recommended the filing of reckless imprudence resulting to multiple homicide and multiple physical injuries against the respondents.