Ex-DICT chief: NTC's cease-and-desist order vs ABS-CBN 'void from the beginning'
MANILA, Philippines — The National Telecommunications Technology deprived ABS-CBN of its constitutional right to procedural due process when it issued a cease and desist order against the network on May 5, said former Department of Information and Communications Technology chief Rodolfo Salalima.
In a Facebook post, Salalima, who is also a lawyer, said that the NTC’s CDO is “void ab initio” or void from the beginning and has no force of the law.
“The CDO is illegal and void because it was issued without ABS-CBN being heard on the legal issue thereon related to its congressional franchise in violation of that company’s constitutional right to procedural due process of law,” he wrote on a Facebook post.
The NTC is an attached agency of the DICT, but Malacañang and the Department of Justice asserted that its issuance of the CDO was under the agency’s quasi-judicial authority.
‘Was there a complaint at all?’
Salalima asked whether there was any petition or complaint against the continued operation of the network due to its franchise expiry. If the petition was filed before May 5—or a day after the network’s franchise lapses—it would be premature and had no cause of action.
“If the Petition was dated and filed on May 5th with the NTC, then the CDO is also dated May 5, 2020 was clearly issued with precipitate hast3 and thus void given the interval between the filing of the petition and the issuance of the CDO—both May 5, 2020,” he pointed out.
“Was a copy of this Petition, if any, served on ABS-CBN for this public service company to reply thereto and be heard thereon? Was there a Show Cause Order issued by the NTC to ABS-CBN and was there a hearing on this Show Cause Order attended by the real parties-in-interest involving before the issuance of the CDO,” Salalima also said.
NTC gave ABS-CBN 10 days from the receipt of the CDO to explain why the frequencies assigned to it should not be recalled. The order to stop broadcasting however was immediately executory.
ABS-CBN also raised this argument in their Petition for Certiorari and Prohibition filed before the Supreme Court.
Salalima: ABS-CBN may continue to operate
The former DICT chief also said that the broadcast giant may continue to operate “as a matter of legal right and in the interest of justice and due process.”
Salalima explained that while the franchise is a privilege granted by the State, it may also become a vested right.
“Once granted and the franchisee infuses investments or resources into the franchise to make it operational, like Capital Expenses (CAPEX) for the network infrastructure and Operating Expenses (OPEX) for the salaries and wages of the workers and employees, the franchise... becomes a vested constitutional property right which cannot simple be taken away, revoked or set aside without due process of the law,” he said.
Congress at fault
The former DICT secretary however said that while the NTC may be faulted for issuing the CDO, the telecommunications regulatory body should not be made a scapegoat.
“The ultimate responsibility and fault lie on Congress, particularly the Leadership of the House of Representatives, constitutionally vested with THE exclusive plenary jurisdiction and power to hear and grant applications for franchises or extensions thereof, temporizing on ABS-CBN’s application for the extension of its franchise seasonably filed in 2016 yet,” he said.
“Non-action is the worst form of delay. Because it leaves the aggrieved without clear and speedy recourse,” Salalima stressed.
House Speaker Alan Peter Cayetano finally issued a statement on ABS-CBN’s closure on Friday and said that the NTC’s CDO was an “ambush.”
READ: Cayetano deflects ABS-CBN shutdown blame to NTC, Calida | FLAG: House inaction led to ABS-CBN shutdown
He deflected the blame to the NTC and Solicitor General Jose Calida, and vowed that there will be a day of reckoning.
“The Committee on Legislative Franchises will conduct hearings” that are “fair, impartial, thorough and comprehensive,” Cayetano said but failed to indicate a day for when a hearing may be held.
ABS-CBN Corp. stopped broadcasting on its TV and radio stations on May 5, 2020 after the National Telecommunications Commission issued a cease and desist order. The network's franchise had lapsed on May 4 without action by the House of Representatives.
ABS-CBN announces that it will cease operations of TeleRadyo, which has been in the red since 2020, by June 30.
In a disclosure, ABS confirms signing of deal that sees the broadcast giant enter into a joint venture with MVP's TV5. — Ramon Royandoyan
JUST IN: In a disclosure, ABS confirmed signing of deal that sees the broadcast giant enter into a joint venture with MVP's TV5. Details to follow. | via @monroyandoyan pic.twitter.com/x5nLTaad4U
— Philstar.com (@PhilstarNews) August 11, 2022
Rep. Mike Defensor (Anakalusugan Party-list) attempts to put the ABS-CBN franchise up for a vote in the plenary, saying it should be taken up as it is in the House's unfinished business.
The House rejects his motion, but he appeals this. House leaders later on commit to begin tackling its unfinished business beginning Monday. — Xave Gregorio
Rep. Vilma Santos-Recto (Batangas) has filed a bill seeking the renewal of the franchise granted to broadcast giant ABS-CBN.
Senate President Vicente Sotto III earlier filed a similar bill at the Senate, saying a majority of Filipinos get their news primarily from TV.
Franchise bills emanate from the House of Representatives.
Malacañang is leaving it up to Congress to decide on the new bill seeking to renew the franchise of television network ABS-CBN, which was forced to lay off thousands of workers after its franchise expired last May.
Presidential spokesman Harry Roque disagreed, saying the fate of the bill depends on lawmakers.
"Well, again, I beg to differ; that is a sole constitutional prerogative of Congress which must originate from the House of Representatives," Roque says at a press briefing. — Alexis Romero
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