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NTC faces House contempt rap for failure to give network permit

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A committee in the House of Representatives on Monday ordered National Telecommunications Commission (NTC) officials to explain why they should not be cited for contempt for failing to make good their assurances to Congress that ABS-CBN would be able to continue operating while lawmakers deliberated its franchise renewal.

READ: Duterte: Congress must do its job in reviving ABS-CBN

Palawan Rep. Franz Alvarez, chairman of the House committee on legislative franchises, issued the order to NTC Commissioner Gamaliel Cordoba in a letter dated May 5.

Alvarez's committee also asked NTC Deputy Commissioners Edgardo Cabarios and Delilah Deles, and head of the legal branch Ella Blanca Lopez to explain why they ordered ABS-CBN to cease and desist from operating its radio and TV stations after assuring the panel on March 10 that the network would be allowed to continue operating even after its franchise expired and its renewal was being considered.

At the time, the House authorized the NTC to issue a provisional authority that would enable ABS-CBN to continue operating. This, Alvarez said, was consistent with precedents and practice and the position of the Department of Justice.

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Alvarez said "the act of the NTC constitutes undue interference in and disobedience to the exercise of the power of the House of Representatives, and therefore, an affront to its dignity and an inexcusable disrespect of its authority."

On Monday, the Supreme Court raffled off the petition filed by ABS-CBN seeking to invalidate the NTC cease-and-desistorder.

SC Public Information Office chief and spokesman Brian Keith Hosaka confirmed that the petition had been raffled off to a magistrate, but declined to say who got the case.

“The results of the raffle is confidential pursuant to the internal rules of the Supreme Court,” Hosaka said.

A source in the judiciary said the justices have scheduled the case for deliberation on May 19, saying “nobody has read the petition yet.”

In its 50-page petition filed last week, ABS-CBN urged the Court to set aside the CDO issued by NTC for violating the right of the public to information.

READ: ABS-CBN asks SC for TRO

The petitioner argued that the CDO is tantamount to curtailment of freedom of speech guaranteed under the Constitution.

ABS-CBN said the NTC should have allowed the company to continue its operation pending a decision from Congress on its application to renew its license.

It noted that the NTC had previously allowed other companies to continue to operate pending renewal of their franchise, and thus violated ABS-CBN’s right to equal protection of the law.

It cited the cases of Vanguard Radio Network, Catholic Bishops Conference of the Philippines (Catholic Media Network), Iglesia ni Cristo (Church of Christ), Innove Communications (previously Isla Communications Company, Inc.), and Smart Communications, Inc. (formerly Smart Information Technologies, Inc.).

“There is no reason why the same practice should not be applied to ABS-CBN,” the petition read.

ABS-CBN also accused NTC of violating its right to due process when it issued the CDO without notice and hearing.

ABS-CBN also argued that the NTC is bound to heed the legal opinion issued by the DOJ that it is entitled to a provisional authority to operate pending Congress’ action on its application for the renewal of its franchise.

READ: Palace: ABS-CBN franchise up to NTC

It said the DOJ view bears the approval of the President under the alter ego doctrine.

Justice Secretary Menardo Guevarra noted that in several similar situations in the past, Congress allowed the status quo, without urging the NTC to issue a temporary or provisional permit, “in consideration of the equities of the situation.”

Guevarra said, “there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their franchise remain pending with Congress.”

Former Chief Justice Reynato Puno on Monday said the NTC should have first issued a show cause order before ordering the shutdown of the television giant ABS-CBN Corp., in compliance with the requirement of procedural due process.

Puno said the NTC should have first heard the parties that would be adversely affected by the closure order.

READ: Unplugged: NTC orders network off air, says it lacks valid franchise

“The NTC should have issued first a show cause order. It means, the network will have to explain why a cease and desist order should not be issued against them.,” Puno said, in an interview over the ABS-CBN news channel.

Puno said ABS-CBN had three legal options: a quasi-judicial process before the NTC; a judicial remedy from the Supreme Court and a legislative remedy where Congress will craft a law that would renew or not renew the franchise.

Also on Monday, senators urged the NTC to reconsider its CDO.

The senators adopted Senate Resolution 395 urging the commission to allow the continuous operation of ABS-CBN, its subsidiaries, and affiliates pending the disposition of its franchise renewal.

Twelve senators voted in favor of a resolution, while nine senators, including Senator Pia Cayetano who earlier signed the resolution, abstained. The senators who abstained explained that the issue has already been filed before the Supreme Court and that the franchise renewal of ABS-CBN should emanate from the House of Representatives.

Aside from Cayetano, those who abstained were Senate President Vicente Sotto III, Senators Panfilo Lacson, Francis Tolentino, Cynthia Villar, Imee Marcos, Ronald Dela Rosa, Christopher Lawrence Go, and Ramon Revilla Jr.

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