THE Supreme Court (SC) has ignored the plea of ABS-CBN Corp. to immediately set aside the cease and desist order (CDO) issued by the National Telecommunications Commission (NTC) on May 5 following the expiration of the broadcast network’s franchise.
Thus, ABS-CBN cannot yet resume its radio and television broadcast nationwide because the NTC’s CDO remains in effect.
Instead, the Court gave the NTC 10 days to justify its decision to order the broadcasting company’s shutdown.
It wasn’t clear, however, whether the SC would still rule on the prayer of ABS-CBN’s for the TRO once the NTC submits its comment on the main petition.
SC Spokesman Brian Keith Hosaka said: “There was no action yet by the Court on the prayer for the TRO.”
“The Court required Respondent NTC to file a comment on the petition of ABS CBN Corporation within a non-extendible period of 10 calendar days from receipt of notice,” the SC said in a resolution unanimously approved by 14 members of the Court.
The order was issued during yesterday’s virtual en banc session of the justices.
During the session, the magistrates separately impleaded the Senate and the House of Representatives as a party to the case and required them to comment on ABS-CBN’s petition within a non-extendible period of 10 calendar days from receipt of notice.
“The Respondent NTC was also required to file a reply within a non-extendible period of 5 calendar days from personal notice of the said comments of the Senate and House of Representatives,” the SC said.
The Court also denied the motion filed by lawyer Lorenzo Gadon seeking to consolidate his petition for the issuance of a temporary restraining order (TRO) to enjoin the NTC from issuing a provisional authority to operate in favor of ABS-CBN, to the latter’s petition seeking to set aside the CDO issued by the commission.
Last Monday, ABS-CBN begged the SC to grant its urgent prayer for the issuance of a temporary restraining order (TRO) and/or a preliminary injunction against the NTC’s CDO citing “grave and irreparable injury” on the part of the company, its stakeholders, employees and the general public as a result of the order.
The company also acknowledged that it might take some time before it could obtain a provisional franchise despite Senate’s assurance and willingness to act immediately on the measure of the House of Representatives to issue it.
The petitioner also expressed apprehension that it might not be able to resume broadcast on radio and television as the provisional authority is still subject to the approval of the Office of the President.
Thus, ABS-CBN has pinned its hopes on the SC to re-open its television and radio stations.
The broadcast company stressed that the NTC order endangers the livelihood of its 11,000 employees and their families and their families.
OSG backs probe
The Office of the Solicitor General (OSG) has backed House Speaker Alan Peter Cayetano’s move to conduct an investigation into the alleged violations of ABS-CBN related to its legislative franchise.
In a statement, Solicitor General Jose Calida also denied meddling with the affairs of Congress when he wrote a letter to NTC warning it of possible criminal liabilities if it accedes to the request of Cayetano and other members of the House to issue a PA in favor of ABS-CBN.
The April 30 letter of the Solicitor General to NTC advised that a provisional authority cannot be issued in the absence of a law.
The letter clarified the issue on whether a provisional authority to ABS-CBN can be issued on the basis of equity.
In the letter, the Solicitor General stated that principle of equity cannot be applied because there is no perceivable gap in law as regards the legality of the operations of an entity after its franchise expires.
Calida also warned the NTC of its possible encroachment on legislative power if it issues a provisional authority sans a law authorizing it.
He added that he was merely performing his duties as statutory counsel of the NTC.
“There is no rule requiring the Solicitor General to give notice to a different branch of government of an internal communication intended for a client in the executive branch. In a strict sense, a lawyer-client communication is confidential in nature, which the Solicitor General is sworn to uphold,” said Calida.
“Actually, the Solicitor General acted with circumspection because voicing out his concerns to Congress without being requested by it would have constituted meddling in its affairs, apart from the fact that the issues he is raising are sub judice,” he added.
Calida noted that he had a pending quo warranto petition before the SC to question ABS-CBN’s violation of its old franchise.
“That is where any arguments regarding the media firm’s violations should be heard,” said Calida.
However, Calida said he fully supports the conduct of an investigation by the House into ABS-CBN’s alleged violations before a provisional franchise or a legislative franchise is issued in its favor.
These allegations include ABS-CBN’s violation of its legislative franchise when it operated a pay-per-view channel through free-to-air signals, ABS-CBN’s issuance of Philippine depositary receipts through ABS-CBN Holdings Corp. that runs counter to the foreign ownership restriction of mass media under Section 11, Article 16 of the Constitution and ABS-CBN Convergence’s violation of its franchise under Republic Act (RA) 7908 when the transfer of this franchise was made without prior approval from the Congress.
“These issues must be resolved first before a bill authorizing ABS-CBN to operate is passed, even if what is being granted is only a provisional franchise. Certainly, one cannot put the cart before the horse,” said Calida.
“The grant of a legislative franchise is imbued with public interest. It cannot be haphazardly issued,” he added.
Calida reminded solons that issuing a provisional franchise to allow ABS-CBN to continue its operation despite the lapse of its franchise without conducting a hearing “would amount to Congress acting speedily for the sake of acting speedily, which is a disservice to the Filipino people.”
The chief government counsel also said he did not attend the Senate hearing on Tuesday as the issues to be discussed in the proceedings are considered “sub judice.”
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