Breaking Precedent Against ABS-CBN

Maybe Commissioner Gamaliel Cordoba had his nerves rattled when Solicitor General Jose Calida threatened the NTC with cases if it granted provisional authority in favor of the network. 

This begs the question, what did ABS-CBN do to deserve such treatment? The NTC has targeted the tv station despite knowledge that the franchise is still undergoing the legislative process at the House of Representatives. 

At a Senate hearing last February 24, Cordoba even testified that the regulating body had allowed broadcasting and telecommunications companies to continue their operation even after the expiration of their franchises.

 

“Considering po that first time ito mangyari at mayroon po kasing mga cases before where nangyari po ay while the legislative process ay umaandar ay nagkaroon po nang pag-end or pag-lapse noong franchise sa mga pending committee bills, for example, of franchises ay tumuloy naman po ito,” he told Senators 

Examples of those that had lapsed franchises were even detailed by Senator Grace Poe. 

“Sa GMA franchise, March 20, 2017 ang expiration date pero ito ay napirmahan ng April 21, 2017, so nag-lapse rin. TV5, ganoon din, December 2018 pero napirmahan ng April 2019; CBCP, nagtapos ng 2017 pero pinirmahan ng 2019, dalawang taon iyon; Subic Broadcasting, nagtapos ng 2017 napirmahan ng 2018; Radio Marine Network, nagtapos ng 2018 pero pinirmahan pa ng 2019; Smart Communications, nagtapos ng 2017 ng March pero pinirmahan ng April 2017; Globe Innove, April 10, 2017 nag-expire pero napirmahan ang kanilang prangkisa December 14, 2018; PT&T, nag- expire ng 2015 pero nag-lapse into law ng 2016,” she said.

Justice Secretary Menardo Guevarra meanwhile emphasized the legal principle of “equity.” 

“Equity is the principle by which substantial justice may be a thing in cases where the prescribed or customary forms of ordinary law are inadequate,” Guevara said. 

“Considerations of equity have apparently been applied in previous similar situations presented earlier namely, among others, PT&T, SMART Communications, Incorporated, Catholic Bishops Conference of the Philippines, Incorporation. All of whom were allowed to operate despite expired franchises as long as the application for the renewal of these franchises were lodged with the Congress before the lapse of their term,” he added

The lower and upper houses even communicated to the NTC that it should grant ABS-CBP provisional authority while the franchise renewal is still being heard. 

NTC Deputy Commissioner Edgario Cabarios was even quoted last March 11 that it would allow ABS-CBN to operate after May 4. 

So what happened? Fear may have lorded over NTC and its officials. The consequence of this action has now crept into the political sphere and the discussion of freedom of speech under a supposedly democratic country.