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SC dismisses Calida's petition vs ABS-CBN Corp. for being moot

Kristine Joy Patag - Philstar.com
SC dismisses Calida's petition vs ABS-CBN Corp. for being moot
President Rodrigo Duterte talks with Solicitor General General Jose Calida during a post-Cabinet meeting in Malacañan’s State Dining Room on August 22, 2016.
Presidential photo / Toto Lozano, File photo

MANILA, Philippines — The Supreme Court on Tuesday junked Solicitor General Jose Calida’s quo warranto petition against ABS-CBN Corp.’s now-expired legislative franchise for being moot.

In an en banc session, SC justices moved to dismiss Calida’s petition he filed in February to ask the tribunal to revoke the media giant’s franchise due to alleged violations of its legislative franchise, “on ground of mootness,” SC spokesperson Brian Hosaka confirmed.

ABS-CBN’s franchise however expired on May 4, while Calida’s plea remained pending before the SC.

READ: Point by point: ABS-CBN answers Solgen Calida's quo warranto petition

Hosaka, however, said that Calida’s quo warranto petition against ABS-CBN Convergence, a subsidiary of the network giant, remains. The company however issued a disclosure at the Philippine Stock Exchange saying that Convergence’s legislative franchise expired on March 17.

ABS-CBN's petition for certiorari unaffected

The broadcast company has since shut its operations in compliance with the National Telecommunications Commission’s cease and desist order following the franchise expiry.

It was later revealed, in an ABS-CBN exclusive report, that Calida wrote to NTC to “advise” it that a “provisional authority cannot be issued in the absence of a law.”

ABS-CBN ran to the high court to ask for a temporary restraining order against the implementation of NTC’s order, which would supposedly allow the network to resume on air operations.

The embattled media giant also said asked the SC to issue a permanent injunction against the assailed CDO.

The action on Calida’s quo warranto does not affect ABS-CBN’s separate petition, which is due to be tackled again by the justices on July 13.

By then, ABS-CBN would have been shut for more than two months. The network earlier said they might be forced to let go of some of their employees in August if they would not be allowed to resume operations immediately.

Deliberations on several of ABS-CBN’s franchise bills meanwhile continue at the House of Representatives, even while Congress is on break. At least three hearings, however, were spent on discussing the nationality of ABS-CBN Chairman Emeritus Gabby Lopez, whose dual citizenship is allowed by law.

A hearing set for June 23 was postponed for next week, as hearings for this week were postponed to June 29 to allow ABS-CBN and other agencies more time to file documents, and for lawmakers to study them.

ABS-CBN CORP.

ABS-CBN FRANCHISE

JOSE CALIDA

QUO WARRANTO

SUPREME COURT

As It Happens
LATEST UPDATE: May 23, 2023 - 1:36pm

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.

May 23, 2023 - 1:36pm

ABS-CBN announces that it will cease operations of TeleRadyo, which has been in the red since 2020, by June 30.

August 11, 2022 - 9:37am

In a disclosure, ABS confirms signing of deal that sees the broadcast giant enter into a joint venture with MVP's TV5. — Ramon Royandoyan

 

January 27, 2021 - 3:35pm

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

January 18, 2021 - 3:38pm

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.

January 5, 2021 - 8:00pm

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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