The Court of Appeals (CA) allowed the airing of ABS-CBN’s cable show entitled “Big Love” that tackles polygamy for failure of the Movie and Television Review Classification Board (MTRCB) to follow its own rules of procedure when it issued suspension order for the show’s airing.

The CA’s 5th Division nullified the cease and desist order issued by the MTRCB enjoining the showing of “Big Love.”

The appellate court granted the petition filed by Creative Programs Inc. (CPI), the cable TV production company of ABS-CBN led by Eugenio Lopez III, seeking the lifting of the MTRCB’s order issued on January 26, 2009.

In a 26-page decision penned by Associate Justice Mariflor Punzalan-Castillo, the CA said: “This Court hastens to note that we are not making any finding on the morality of the show Big Love or on the propriety of its content.”

“Rather, our decision is based mainly on the fact that public respondent (MTRCB) failed to follow its own rules on procedures when it issued the assailed suspension order without any showing of how it has come up with its determination of probable cause for such issuance and without following the 20-day period of effectivity as mandated by its own rules.”

The CA held the MTRCB committed grave abuse of discretion and violated its Rule VIII, Section 7 of the MTRCB Rules of Procedure which requires that a suspension order should not exceed 20 days.