ABS-CBN may ask SC for TRO against shutdown order — NTC
Marje Pelayo • May 6, 2020 • 625
MANILA, Philippines — The National Telecommunications Commission (NTC) advises media giant ABS-CBN to appeal for a temporary restraining order (TRO) with the Supreme Court (SC) to resume broadcast on TV and radio after its shutdown on Tuesday evening (May 5).
According to NTC Deputy Commissioner Edgardo Cabarios, a TRO is ABS-CBN’s potential remedy for now to stop the cease and desist order issued by the agency after the network’s franchise lapsed on May 4.
“If they get the TRO then they can resume operation,” Cabarios said.
The NTC explained that only the Congress has the power to grant a franchise to media networks in the country.
“Section 1 kasi ng Act 3846 ay klaro na kung wala kang congressional franchise, you cannot operate radio broadcasting stations, [Section 1 of Republic Act 3846 is clear, without congressional franchise you cannot operate radio broadcasting stations],” the NTC official said.
Cabarios clarified, however, that ABS-CBN programs may still be aired on other platforms.
“Pwede sa online, Internet, pwede ring cable television or pwede ring sa ibang radio and television stations na mayroon valid franchise at authority from the Commission [They can go online, they may use the Internet or other cable, radio or television stations that have valid franchise and authority from the Commission],” he noted.
Meanwhile, the National Union of Journalists of the Philippines condemned the NTC’s action saying it was an attack on press freedom.
“The cease and desist order issued by the NTC against ABS-CBN is a deplorable assault on free press that further reveals that this administration is more interested in restricting basic freedoms than in containing a pandemic,” the group said in a statement.
The Commission on Human Rights (CHR) noted the importance of the media’s role in democracy.
“Gusto lang natin na ma-tackle ito, ma-deliberate ito, [We want this tackled and deliberated],” argued CHR spokesperson, Atty. Jacqueline De Guia.
“Kasi ang isa sa mga suliranin sa kasong ito ay hindi nagkakaroon ng tamang pagdinig doon sa issue na kinakaharap para sa pagre-renew ng franchise, [One of the problems in this case is the lack of deliberation on the franchise renewal]” she concluded. MNP (with details from Rey Pelayo)
MANILA, Philippines – A week after the House Committee on Legislative Franchises denied its bid for a new franchise, media network ABS-CBN Corp. announced on Wednesday (July 15) that it will lay off workers starting August 31.
In its official statement, the embattled Kapamilya network said it is forced to cease the operations of some of its businesses as a result of losing its franchise; thus, the retrenchment of workers.
“As much as it hurts us to implement this retrenchment program, this is the only way to ensure the continued employment of the rest of our Kapamilya,” the network said.
ABS-CBN Corp. assured it is doing its best to provide the affected employees with the proper separation and retirement benefits, as well as job placements.
MANILA, Philippines – The Supreme Court will tackle next month the petition of ABS-CBN Corporation against the cease and desist order of the National Telecommunications Commission (NTC) which halted the network’s broadcast operations last May 5.
Supreme Court Chief Justice Diosdado Peralta said they will discuss the ABS-CBN’s petition on July 13.
Peralta said the high court had to wait for comments from all parties mentioned in the petition before conducting deliberations on the plea.
“We waited for the comments of the House of Representatives, the lower house and the upper house and I think we only received the comments last Friday or last Monday,” he said during an online press conference on Thursday.
ABS-CBN went off the air on May 5, just hours after the NTC issued its order directing the media network to halt its television and radio broadcast operations due to expired franchise. The company’s franchise ended on May 4.
The media giant then filed a petition, urging the Supreme Court to issue a temporary restraining order against the NTC’s closure order.
In its petition, the media company argued that the NTC acted with grave abuse of discretion and violated its rights to equal protection and due process by issuing the order.
The company claimed that the NTC should have deferred to Congress that have earlier sent a formal letter asking the agency to allow ABS-CBN to continue operating while bills seeking for its franchise renewal remain pending in the House of Representatives.
ABS-CBN also pointed out the loss of revenues on the part of the company and the government in terms of taxes, as well as the welfare of its 11,000 employees due to the stoppage of its operations.
MANILA, Philippines – The National Telecommunications Commission (NTC) has expressed support on a proposed measure seeking the non-expiration of franchises with renewal applications pending in Congress.
Senate Bill Number 1530 filed by Senate Minority Leader Franklin Drilon aims to include franchise in Book 7 Chapter 3 Section 18 of the Administrative Code of the Philippines which states that an existing license of a licensee who has made a timely and sufficient renewal application shall not expire until the application has been finally determined.
During the Committee hearing on Thursday (May 27), the NTC said the measure will fill in the gap in the law, noting that it is following Republic Act 3846 or the ‘Radio Control Law’ which provides that no person or firm can operate a radio station without having first obtained a congressional franchise.
“Malaking bagay po ito para po ma-fix ang gap sa batas para po kapag may pending matters ay ito po ay mai-consider na buhay pa [This will help fill the gap in the law to consider a franchise as valid while matters are pending],” explained NTC Commissioner Gamaliel Cordoba.
However, the Commission said that it never issued provisional franchises to stations with expired franchises but with pending renewal applications in Congress and just allowed them to continue operating.
Cordoba said what makes the case of ABS-CBN different from others that they had to issue a cease and desist order, was the quo warranto petition filed against the media giant.
He added that they have issued such orders before but only to radio stations who illegally operated during the 2019 elections.
“The difference from those instances on the ABS-CBN issue is that (with) ABS-CBN, a case for quo warranto was actually filed by the solicitor general. Kaya po medyo naging [That’s why it became] untenable on our part to let it continue because of the clear letter of the law in the Republic Act 3846,” Cordoba said.
However, Senator Drilon believes there has been an inconsistency on the part of the NTC in exercising its power in issuing cease and desist orders.
“At the very least, it appears that there is an inconsistency in exercising power (inaudible) in equal protection of the law,” the Senate Minority leader said.
“This is precisely a remedial legislation that we have introduced so that this kind of gap can be addressed,” he concluded. MNP (with reports from Harlene Delgado)
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