The Latin phrase and legal term “dura lex, sed lex,” which translates to “it is harsh, but it is the law,” was used by some Filipinos who expressed support for the move to close broadcast giant ABS-CBN online.
They cited the network’s supposed violations.
This phrase trended on local social media after ABS-CBN went off the air on Tuesday evening in compliance with the cease and desist order issued by the National Telecommunications Commission.
Bills to renew or extend the network’s franchise remain pending in the 18th Congress.
Calls to protect press freedom and dissent against the shutdown of the country’s largest broadcasting company dominated the Philippines trend list on Twitter on Tuesday evening.
Amid the criticisms against the NTC’s move, some Filipinos also praised the commission for its decision. The Latin phrase “dura lex, sed lex” and the hashtag #YestoABSCBNShutdown were mentioned on their posts.
Several lawyers expressed took to Twitter to define this phrase and interpret in using the ABS-CBN’s case as context.
In his tweet, Associate Justice Marvic Leonen argued the blurry line between legality and justice.
“Dura lex sed lex is not an invocation to uncritically accept an unjust act. A lawful grant of power to a person/entity doesn’t guarantee that it is always wisely used,” Leonen said on Twitter.
“At times, what is called legal may not be just. Our collective duty is to make sure the legal will also be just,” he added.
Human rights lawyer Roselle Tugade likewise said that the practice of law should be more than just invoking it.
“Law that’s calcified on ‘what is’, to the detriment of the people, is law that betrays the spirit of freedom. Law ought to be more,” Tugade said.
Another lawyer, Gideon Peña, stressed that “the people can change laws.”
Twitter page Law Students of Manila, meanwhile, suggested that the Latin phrase that should used in ABS-CBN’s case is “Salus Populi Est Suprema Lex,” which translates to “let the welfare of the people be the supreme law.”
How it started
The sudden resurface of the Latin phrase “dura lex, sed lex” among non-lawyers may have started after presidential spokesperson Harry Roque mentioned it in an interview with ABS-CBN News Channel (ANC), a separate entity not covered by a cease-and-desist order.
Right after ABS-CBN’s early sign-off ceremony, Roque said he was instructed by President Rodrigo Duterte to extend his gratitude to the broadcast giant.
“He has said that I should thank ABS-CBN for all the help that ABS-CBN has, in fact, extended. I was even under the instruction to enumerate the many things that ABS-CBN has done in connection with COVID-19,” Roque said.
Roque then said that Duterte, who was keen on shutting down the network, is a lawyer who must uphold the law even if he could have done “something” to prevent the closure.
“And that is why if he could, he probably would have done something for ABS-CBN franchise, but the President is a lawyer. But the law may be harsh, as we said earlier, dura lex sed lex (The law may be harsh, but it is the law),” Roque said.
The NTC in a separate interview similarly defended the issuance of closure order, citing that it just upheld the law.
“Whether it was harsh or not, it is still the law,” NTC Deputy Commissioner Edgardo Cabarios said in an interview with CNN Philippines.
“We have studied very carefully the issues behind. And we do not have any other option…If there are other options perhaps that is pursuant to other existing laws, baka yun po ang sinunod,” he added.
Selective justice?
Critics of the administration earlier argued that the justice system in the country is selective, citing quarantine violators public official Mocha Uson and Sen. Koko Pimentel who were not reprimanded for their violations.
Uson, deputy administrator of the Overseas Workers Welfare Administration, convened overseas Filipino workers at a resort in Batangas despite the strict prohibition against any social gathering under quarantine rules.
OWWA Administrator Hans Cacdac, however, defended Uson and said that OWWA will investigate it after the health crisis ends.
Pimentel also violated the quarantine protocols of a private hospital after he accompanied his wife despite having tested for the highly communicable disease. The Makati Medical Center management said he endangered the health workers, other medical personnel and patients when he visited the hospital
Justice Secretary Menardo Guevarra said that his department will observe “compassion” for the lawmaker.
Moreover, the national government also gave the Philippine offshore gaming operators (POGOs) green light to reopen despite alleged crimes involving their Chinese operators and amid the enhanced community quarantine that bans onsite work.
Sen. Risa Hontiveros, who opposes the resumption of POGOs’ operations, compared their case to that of ABS-CBN. She cited that the network’s shutdown affects thousands of employees.
“Sa panahong napakahalagang maihatid ang mga impormasyon na dapat malaman ng publiko tungkol sa COVID-19 at sa mga programang makatutulong sa kanila,” the senator said.
“Samantalang ang mga POGO pilit binuksan kahit na hindi naman ‘essential’ industry, bilyong-bilyong tax ang hindi pa binabayaran, at nasa gitna ng maraming krimen,” she added.
https://www.interaksyon.com/trends-spotlights/2020/05/07/167978/defining-dura-lex-sed-lex-in-the-context-of-abs-cbns-shutdown/
Thursday, May 7, 2020
ABS-CBN asks Supreme Court to stop, junk NTC’s shutdown order
ABS-CBN has asked the Supreme Court (SC) to stop and then nullify the cease and desist order that forced the media giant to go off the air for the first time since the Martial Law era.
In a petition for certiorari and prohibition, ABS-CBN asked the SC to issue a temporary restraining order against the National Telecommunications Commission (NTC) directive that led to a signoff Tuesday evening, the day after the company's franchise expired.
The petition asks the highest Philippine court to nullify and set aside the cease and desist order, arguing that the NTC acted with grave abuse of discretion and violated ABS-CBN's rights to equal protection of the law and to due process, as well as the public's right to information.
"Our main argument is premised on due process and equal protection and the patent illegality of the cease and desist order," Michelle Go, a lawyer for ABS-CBN, told GMA News.
"It was issued without due process and in violation of past NTC practice na hindi naman isinasara ang mga broadcasting stations while their franchise applications are pending before Congress."
The NTC on Tuesday ordered ABS-CBN to cease the operations of several of its radio and television stations purportedly because of the company's lack of a valid franchise from Congress. Its franchise renewal bills have been pending for years.
The commission ordered the shutdown despite saying last March that it will follow the advice of the Department of Justice, which said, and has maintained, that there is sufficient basis to allow broadcast entities to operate pending congressional action on their application for renewal.
"We're also saying that Congress has already expressed its desire na bigyan sila ng panahon para madinig at makapag-deliberate on the franchise bills and we think that they should be given the chance to do so since the power to grant a franchise is exclusively lodged with Congress," Go added.
In its 46-page petition, ABS-CBN argued that Congress, which has the power to grant franchises, also has the authority to determine the company's rights and obligations until it has decided whether or not to renew the network's franchise.
ABS-CBN cited the House franchise committee's letter enjoining the NTC to give the company a provisional authority to operate beyond the expiration of its franchise on May 4, as well as the Senate resolution in which the chamber "expressed its sense" that ABS-CBN should be allowed to operate.
"Instead of issuing a CDO, the NTC should have deferred to Congress and allowed ABS-CBN to continue operating its television and radio stations," the company said.
ABS-CBN further claimed that the cease and desist order "deviated" from the NTC's "past practice" of allowing entities to operate despite the expiry of their franchise. "There is no reason why the same practice should not be applied to ABS-CBN," it said.
It also argued that the order was issued without notice and hearing, to the detriment of the company's more than 11,000 employees.
"The CDO also violates the right of the public to information and is necessarily a curtailment of the freedom of speech and of the press. Strong public interest and equity demand that ABS-CBN be allowed to continue its operation," ABS-CBN said.
The NTC issued the order two days after Solicitor General Jose Calida warned its commissioners that they could face graft charges should they provisionally allow ABS-CBN to continue operating.
The Office of the Solicitor General is the statutory counsel of government agencies.
An NTC official later denied that Calida's warning had anything to do with the commission's decision to issue the CDO.
Malacañang has defended both Calida and the NTC. Presidential spokesperson Harry Roque said Calida did not influence the commission, and that NTC Commissioner Gamaliel Cordoba could not be dictated upon.
ABS-CBN pointed out Calida's "threat" in questioning the NTC's impartiality.
"The NTC thus issued the CDO with a threat hanging over its head, made no less by the government's own lawyer, of prosecution for graft/corruption. Under such climate, the NTC's impartiality is at best seriously suspect," the company said.
Earlier this year, Calida filed a quo warranto case against the network—a petition to forfeit its franchise, which remains pending before the SC. Justice Secretary Menardo Guevarra said he believes the case may now be moot because the franchise in question has expired.
ABS-CBN also said in its petition that the quo warranto case is now moot and academic.
Calida has hailed the NTC order as a "triumph of the rule of law." He said the commission should not be blamed, instead asking why ABS-CBN's franchise renewal bills have languished in Congress. — BM, GMA News
https://www.gmanetwork.com/news/news/nation/737256/abs-cbn-asks-supreme-court-to-stop-junk-ntc-s-shutdown-order/story/
In a petition for certiorari and prohibition, ABS-CBN asked the SC to issue a temporary restraining order against the National Telecommunications Commission (NTC) directive that led to a signoff Tuesday evening, the day after the company's franchise expired.
The petition asks the highest Philippine court to nullify and set aside the cease and desist order, arguing that the NTC acted with grave abuse of discretion and violated ABS-CBN's rights to equal protection of the law and to due process, as well as the public's right to information.
"Our main argument is premised on due process and equal protection and the patent illegality of the cease and desist order," Michelle Go, a lawyer for ABS-CBN, told GMA News.
"It was issued without due process and in violation of past NTC practice na hindi naman isinasara ang mga broadcasting stations while their franchise applications are pending before Congress."
The NTC on Tuesday ordered ABS-CBN to cease the operations of several of its radio and television stations purportedly because of the company's lack of a valid franchise from Congress. Its franchise renewal bills have been pending for years.
The commission ordered the shutdown despite saying last March that it will follow the advice of the Department of Justice, which said, and has maintained, that there is sufficient basis to allow broadcast entities to operate pending congressional action on their application for renewal.
"We're also saying that Congress has already expressed its desire na bigyan sila ng panahon para madinig at makapag-deliberate on the franchise bills and we think that they should be given the chance to do so since the power to grant a franchise is exclusively lodged with Congress," Go added.
In its 46-page petition, ABS-CBN argued that Congress, which has the power to grant franchises, also has the authority to determine the company's rights and obligations until it has decided whether or not to renew the network's franchise.
ABS-CBN cited the House franchise committee's letter enjoining the NTC to give the company a provisional authority to operate beyond the expiration of its franchise on May 4, as well as the Senate resolution in which the chamber "expressed its sense" that ABS-CBN should be allowed to operate.
"Instead of issuing a CDO, the NTC should have deferred to Congress and allowed ABS-CBN to continue operating its television and radio stations," the company said.
ABS-CBN further claimed that the cease and desist order "deviated" from the NTC's "past practice" of allowing entities to operate despite the expiry of their franchise. "There is no reason why the same practice should not be applied to ABS-CBN," it said.
It also argued that the order was issued without notice and hearing, to the detriment of the company's more than 11,000 employees.
"The CDO also violates the right of the public to information and is necessarily a curtailment of the freedom of speech and of the press. Strong public interest and equity demand that ABS-CBN be allowed to continue its operation," ABS-CBN said.
The NTC issued the order two days after Solicitor General Jose Calida warned its commissioners that they could face graft charges should they provisionally allow ABS-CBN to continue operating.
The Office of the Solicitor General is the statutory counsel of government agencies.
An NTC official later denied that Calida's warning had anything to do with the commission's decision to issue the CDO.
Malacañang has defended both Calida and the NTC. Presidential spokesperson Harry Roque said Calida did not influence the commission, and that NTC Commissioner Gamaliel Cordoba could not be dictated upon.
ABS-CBN pointed out Calida's "threat" in questioning the NTC's impartiality.
"The NTC thus issued the CDO with a threat hanging over its head, made no less by the government's own lawyer, of prosecution for graft/corruption. Under such climate, the NTC's impartiality is at best seriously suspect," the company said.
Earlier this year, Calida filed a quo warranto case against the network—a petition to forfeit its franchise, which remains pending before the SC. Justice Secretary Menardo Guevarra said he believes the case may now be moot because the franchise in question has expired.
ABS-CBN also said in its petition that the quo warranto case is now moot and academic.
Calida has hailed the NTC order as a "triumph of the rule of law." He said the commission should not be blamed, instead asking why ABS-CBN's franchise renewal bills have languished in Congress. — BM, GMA News
https://www.gmanetwork.com/news/news/nation/737256/abs-cbn-asks-supreme-court-to-stop-junk-ntc-s-shutdown-order/story/
Factual answers to frequently asked questions on the ABS-CBN shutdown
Here are a few frequently asked questions answered about the circumstances that led to the country's biggest network going off air. BY BAM V. ABELLON
Last Tuesday night, after ABS-CBN's 33-year-old flagship news program TV Patrol signed off, "Lupang Hinirang" played instead of the network's usual lineup of teleseryes. After a closing message from the network, the screen then turns black.
The shut down was in response to the Cease and Desist Order issued by The National Telecommunications Commission (NTC) against the corporation after its legislative franchise expired. With this unprecedented move by a government agency on the largest media network in the country, many questions remain unanswered—and many will remain unanswered in the days to come.
In a sea of doubt, here are some facts and frequently asked questions that might add clarity to a disconcerting issue.
Which among ABS-CBN’s businesses were shut down?
The order covers 42 TV stations, including the flagship, Channel 2; Channel 23; 10 digital broadcast channels; 18 FM stations and 5 AM stations, including DZMM and MOR Philippines.
Which among ABS-CBN’s businesses can still operate after the Cease and Desist order?
ABS-CBN’s online subsidiaries, like its news, entertainment, and sports websites, are still accessible. Since the NTC does not cover cable news channels, ANC (ABS-CBN News Channel) will still go on air—and its lifestyle website, ANCX, will continue to provide content. Kapamilyas will still be able to stream their favorite movies and shows on the video streaming application, iWant. The social media accounts of ABS-CBN’s subsidiaries will also be continuously updated. ABS-CBN’s film production arm, Star Cinema, is not part of NTC’s Cease and Desist Order.
Why didn’t ABS-CBN apply for the renewal of their franchise?
Several lawmakers have already authored bills that seek to renew ABS-CBN’s franchise. These include Giorgidi Aggabao (filed in September 2014), Micaela Violago (filed in 2018), and Karlo and Jericho Nograles (filed in 2018).
All bills remain pending with Congress.
What is the issue behind the complaint against ABS-CBN for operating the TV Plus digital TV box?
The Federation of International Cable TV Associations of the Philippines (FICTAP) called on NTC to impose fines and penalties against ABS-CBN for operating TV Plus, which provides owners 11 free channels, 2 movie channels, and the Kapamilya Box Office (KBO), a pay-per-view service. According to FITCAP’s Estrellita Juliano-Tamano, the black box is unlicensed, and ABS-CBN is not allowed to profit from pay-per-view fees. She also said that the TV Plus caused members of their organization to lose their businesses.
KBO is one of the products mentioned by Solicitor General Jose Calida as one of ABS-CBN’s violations.
However, in a February 24 Senate hearing, Justice Secretary Menardo Guevarra said that when ABS-CBN was granted its franchise under Republic Act No. 7966, the franchise allowed them to “construct, operate and maintain, for commercial purposes… television and radio broadcasting corporations in and throughout the Philippines.” The words “commercial purposes,” according to Guevarra was “broad enough” to encompass the pay-per-view services.
ABS-CBN launched its digital TV service of digital terrestrial television (DTT) service in 2015, two months after NTC, led by commissioner Gamaliel Cordoba, set the guidelines on shifting from analog to digital TV.
Should ABS-CBN apply for a franchise for each of their new channels, like Sports and Action, etc.?
No. ABS-CBN is using only one frequency, which can accommodate multiple channels. In fact, this is a more efficient way of using frequency. When ABS-CBN was granted its franchise, it was assigned one frequency.
Did ABS-CBN violate the law when it charged users PHP2,500 for the pay-per-view braodcast of the Pacquiao-Mayweather fight (May 2015), to which NTC issued a cease and desist order?
Justice Secretary Guevarra had expressed his opinion in the February 24 Senate hearing: “We find it clear enough that broadcast companies can engage in Conditional Access (CA) or Conditional Access System (CAS) and, for the same reason can offer TV pay-per-view services…There is nothing in said provisions that would give any impression that ‘commercial purposes’ are limited only to income derived by TV broadcast companies from paid advertisements.”
Is ABS-CBN paying their taxes?
In a February 24 Senate hearing, Simplicio Cabantac, Jr., head of Large Tax Payers Audit Division 3 of the Bureau of Internal Revenue (BIR), said that ABS-CBN has paid PHP14,398,464,316.66 in taxes, from 2016-2019. “As far as ABS-CBN account is concerned, they are regularly filing and paying their taxes for the past number of years,” Cabantac added.
In the same hearing, Ephyro Luis Amatong, supervising commissioner of the Securities and Exchange Commission (SEC), said he is “not aware of any violation or any ongoing complaint or investigation involving ABS-CBN.”
Weren’t they allowed to operate past May 4?
In March, NTC said that they would issue a provisional authority to allow ABS-CBN and its businesses to operate at least until June 2022.
Furthermore, on March 16, NTC signed a memo stating, “All subsisting permits, permits necessary to operate and maintain broadcast and pay TV facilities nationwide expiring within the quarantine period shall automatically be renewed and shall continue to be valid sixty (60) days after the end of the government-imposed quarantine period. Thereafter, these stations shall be given sixty (60) days to file for the renewal of their permits/licenses without penalties or surcharges.”
The memo cited telecommunications as one of the basic necessities during the ECQ.
What happens now?
ABS-CBN has 10 days to respond to the order and explain why the frequencies assigned to them should not be recalled.
https://news.abs-cbn.com/ancx/culture/spotlight/05/07/20/confused-on-what-youre-seeing-online-on-the-abs-cbn-shutdown-here-are-some-facts-that-can-straighten-things-out
Last Tuesday night, after ABS-CBN's 33-year-old flagship news program TV Patrol signed off, "Lupang Hinirang" played instead of the network's usual lineup of teleseryes. After a closing message from the network, the screen then turns black.
The shut down was in response to the Cease and Desist Order issued by The National Telecommunications Commission (NTC) against the corporation after its legislative franchise expired. With this unprecedented move by a government agency on the largest media network in the country, many questions remain unanswered—and many will remain unanswered in the days to come.
In a sea of doubt, here are some facts and frequently asked questions that might add clarity to a disconcerting issue.
Which among ABS-CBN’s businesses were shut down?
The order covers 42 TV stations, including the flagship, Channel 2; Channel 23; 10 digital broadcast channels; 18 FM stations and 5 AM stations, including DZMM and MOR Philippines.
Which among ABS-CBN’s businesses can still operate after the Cease and Desist order?
ABS-CBN’s online subsidiaries, like its news, entertainment, and sports websites, are still accessible. Since the NTC does not cover cable news channels, ANC (ABS-CBN News Channel) will still go on air—and its lifestyle website, ANCX, will continue to provide content. Kapamilyas will still be able to stream their favorite movies and shows on the video streaming application, iWant. The social media accounts of ABS-CBN’s subsidiaries will also be continuously updated. ABS-CBN’s film production arm, Star Cinema, is not part of NTC’s Cease and Desist Order.
Why didn’t ABS-CBN apply for the renewal of their franchise?
Several lawmakers have already authored bills that seek to renew ABS-CBN’s franchise. These include Giorgidi Aggabao (filed in September 2014), Micaela Violago (filed in 2018), and Karlo and Jericho Nograles (filed in 2018).
All bills remain pending with Congress.
What is the issue behind the complaint against ABS-CBN for operating the TV Plus digital TV box?
The Federation of International Cable TV Associations of the Philippines (FICTAP) called on NTC to impose fines and penalties against ABS-CBN for operating TV Plus, which provides owners 11 free channels, 2 movie channels, and the Kapamilya Box Office (KBO), a pay-per-view service. According to FITCAP’s Estrellita Juliano-Tamano, the black box is unlicensed, and ABS-CBN is not allowed to profit from pay-per-view fees. She also said that the TV Plus caused members of their organization to lose their businesses.
KBO is one of the products mentioned by Solicitor General Jose Calida as one of ABS-CBN’s violations.
However, in a February 24 Senate hearing, Justice Secretary Menardo Guevarra said that when ABS-CBN was granted its franchise under Republic Act No. 7966, the franchise allowed them to “construct, operate and maintain, for commercial purposes… television and radio broadcasting corporations in and throughout the Philippines.” The words “commercial purposes,” according to Guevarra was “broad enough” to encompass the pay-per-view services.
ABS-CBN launched its digital TV service of digital terrestrial television (DTT) service in 2015, two months after NTC, led by commissioner Gamaliel Cordoba, set the guidelines on shifting from analog to digital TV.
Should ABS-CBN apply for a franchise for each of their new channels, like Sports and Action, etc.?
No. ABS-CBN is using only one frequency, which can accommodate multiple channels. In fact, this is a more efficient way of using frequency. When ABS-CBN was granted its franchise, it was assigned one frequency.
Did ABS-CBN violate the law when it charged users PHP2,500 for the pay-per-view braodcast of the Pacquiao-Mayweather fight (May 2015), to which NTC issued a cease and desist order?
Justice Secretary Guevarra had expressed his opinion in the February 24 Senate hearing: “We find it clear enough that broadcast companies can engage in Conditional Access (CA) or Conditional Access System (CAS) and, for the same reason can offer TV pay-per-view services…There is nothing in said provisions that would give any impression that ‘commercial purposes’ are limited only to income derived by TV broadcast companies from paid advertisements.”
Is ABS-CBN paying their taxes?
In a February 24 Senate hearing, Simplicio Cabantac, Jr., head of Large Tax Payers Audit Division 3 of the Bureau of Internal Revenue (BIR), said that ABS-CBN has paid PHP14,398,464,316.66 in taxes, from 2016-2019. “As far as ABS-CBN account is concerned, they are regularly filing and paying their taxes for the past number of years,” Cabantac added.
In the same hearing, Ephyro Luis Amatong, supervising commissioner of the Securities and Exchange Commission (SEC), said he is “not aware of any violation or any ongoing complaint or investigation involving ABS-CBN.”
Weren’t they allowed to operate past May 4?
In March, NTC said that they would issue a provisional authority to allow ABS-CBN and its businesses to operate at least until June 2022.
Furthermore, on March 16, NTC signed a memo stating, “All subsisting permits, permits necessary to operate and maintain broadcast and pay TV facilities nationwide expiring within the quarantine period shall automatically be renewed and shall continue to be valid sixty (60) days after the end of the government-imposed quarantine period. Thereafter, these stations shall be given sixty (60) days to file for the renewal of their permits/licenses without penalties or surcharges.”
The memo cited telecommunications as one of the basic necessities during the ECQ.
What happens now?
ABS-CBN has 10 days to respond to the order and explain why the frequencies assigned to them should not be recalled.
https://news.abs-cbn.com/ancx/culture/spotlight/05/07/20/confused-on-what-youre-seeing-online-on-the-abs-cbn-shutdown-here-are-some-facts-that-can-straighten-things-out
Gusto nang bumalik sa ere! ABS-CBN runs to SC to nullify NTC’s cease, desist order
ABS-CBN has asked the Supreme Court (SC) to stop the cease and desist order (CDO) issued by the National Telecommunications (NTC) which forced the network to halt its broadcasting operations.
The lawyers of the media giant filed before the SC on Thursday afternoon (May 7) a petition for certiorari and prohibition.
In its petition, the network sought from the SC the issuance of a temporary restraining order (TRO) or a writ of preliminary injunction against the NTC’s cease and desist order issued on May 5.
“The continued operation of ABS-CBN Corporation is a matter of public interest and transcendental importance, it being among the largest broadcasting entities in terms of coverage and audience,” read its urgent motion for special raffle.
“As explained in the Petition, the implementation of the CDO would jeopardize the livelihood of more than 11,000 employees and their families and would deprive the public of one of their leading sources of news sand entertainment, which is especially important at this time of public health emergency,” it added.
The NTC issued the order after ABS-CBN’s legislative franchise expired on May 4.
This is contrary to its earlier pronouncements that it will issue a provisional authority to ABS-CBN which would allow the media giant to operate while the renewal of its legislative franchise remains pending before Congress.
“Republic Act No. 7966 which granted ABS-CBN a 25-year franchise to operate TV and radio broadcasting stations expired on 04 May 2020,” the NTC earlier said in a statement.
“Upon the expiration of RA 7966, ABS-CBN no longer has a valid and subsisting congressional franchise as required by Act No. 3846,” it added.
https://politics.com.ph/gusto-nang-bumalik-sa-ere-abs-cbn-runs-to-sc-to-nullify-ntcs-cease-desist-order/
The lawyers of the media giant filed before the SC on Thursday afternoon (May 7) a petition for certiorari and prohibition.
In its petition, the network sought from the SC the issuance of a temporary restraining order (TRO) or a writ of preliminary injunction against the NTC’s cease and desist order issued on May 5.
“The continued operation of ABS-CBN Corporation is a matter of public interest and transcendental importance, it being among the largest broadcasting entities in terms of coverage and audience,” read its urgent motion for special raffle.
“As explained in the Petition, the implementation of the CDO would jeopardize the livelihood of more than 11,000 employees and their families and would deprive the public of one of their leading sources of news sand entertainment, which is especially important at this time of public health emergency,” it added.
The NTC issued the order after ABS-CBN’s legislative franchise expired on May 4.
This is contrary to its earlier pronouncements that it will issue a provisional authority to ABS-CBN which would allow the media giant to operate while the renewal of its legislative franchise remains pending before Congress.
“Republic Act No. 7966 which granted ABS-CBN a 25-year franchise to operate TV and radio broadcasting stations expired on 04 May 2020,” the NTC earlier said in a statement.
“Upon the expiration of RA 7966, ABS-CBN no longer has a valid and subsisting congressional franchise as required by Act No. 3846,” it added.
https://politics.com.ph/gusto-nang-bumalik-sa-ere-abs-cbn-runs-to-sc-to-nullify-ntcs-cease-desist-order/
NTC urged to reconsider order vs. ABS-CBN
A total of 13 senators on Thursday filed a resolution, urging the National Telecommunications Commission (NTC) to reconsider its cease-and-desist order (CDO) against ABS-CBN Corp. and to allow the broadcast network, as well as its subsidiaries and affiliate, to continue operations pending the disposition of its franchise renewal.
In Senate Resolution No. 395, the senators cited precedents for entities whose franchises have expired but were allowed to continue to operate, pending the grant of franchise renewal by Congress.
Among them were the Catholic Bishops Conference of the Philippines (CBCP) Broadcast, Globe lnnove's and PT&T.
The senators also cited NTCs Memorandum Order 03-03-2020 as another demonstration of the agency’s “liberality.”
The MO states that "(a)ll existing permits certificates and licenses, including radio operator certificates, to operate radio communications equipment, networks, and facilities, government or private, in various radio services… issued by the National Telecommunications Commission, expiring within March 15, 2020, to May 15, 2020, or during the Enhanced Community Quarantine Period shall continue to be valid one hundred and twenty (120) days after the end of the government-imposed quarantine period."
“This suggests that there is enough basis in policy and in practice to allow ABS-CBN Corporation and its subsidiaries and/or affiliates to continue their operations pending the renewal of their respective franchises,” the senators said.
They also said the CDO against ABS-CBN will impact on 13,000 of its workers, creating joblessness that "could not be more ill-timed" given the looming economic recession caused by the coronavirus disease (Covid-19) pandemic.
SR 395 was signed by Senate Majority Leader Juan Miguel Zubiri, Senate Minority Leader Franklin Drilon, Senate President Pro-Tempore Ralph Recto, and Senators Risa Hontiveros, Sonny Angara, Nancy Binay, Pia Cayetano, Sherwin Gatchalian, Lito Lapid, Manny Pacquiao, Francis Pangilinan, Joel Villanueva, and Leila de Lima.
https://www.pna.gov.ph/articles/1102213
In Senate Resolution No. 395, the senators cited precedents for entities whose franchises have expired but were allowed to continue to operate, pending the grant of franchise renewal by Congress.
Among them were the Catholic Bishops Conference of the Philippines (CBCP) Broadcast, Globe lnnove's and PT&T.
The senators also cited NTCs Memorandum Order 03-03-2020 as another demonstration of the agency’s “liberality.”
The MO states that "(a)ll existing permits certificates and licenses, including radio operator certificates, to operate radio communications equipment, networks, and facilities, government or private, in various radio services… issued by the National Telecommunications Commission, expiring within March 15, 2020, to May 15, 2020, or during the Enhanced Community Quarantine Period shall continue to be valid one hundred and twenty (120) days after the end of the government-imposed quarantine period."
“This suggests that there is enough basis in policy and in practice to allow ABS-CBN Corporation and its subsidiaries and/or affiliates to continue their operations pending the renewal of their respective franchises,” the senators said.
They also said the CDO against ABS-CBN will impact on 13,000 of its workers, creating joblessness that "could not be more ill-timed" given the looming economic recession caused by the coronavirus disease (Covid-19) pandemic.
SR 395 was signed by Senate Majority Leader Juan Miguel Zubiri, Senate Minority Leader Franklin Drilon, Senate President Pro-Tempore Ralph Recto, and Senators Risa Hontiveros, Sonny Angara, Nancy Binay, Pia Cayetano, Sherwin Gatchalian, Lito Lapid, Manny Pacquiao, Francis Pangilinan, Joel Villanueva, and Leila de Lima.
https://www.pna.gov.ph/articles/1102213
ABS-CBN asks SC to stop NTC’s shutdown order
A petition filed by media network ABS-CBN on Thursday asked the Supreme Court to temporarily stop the implementation of the cease and desist order issued by the National Telecommunications Commission (NTC).
The cease and desist order was issued by NTC last May 5, a day after the network’s franchise has lapsed.
ABS-CBN immediately stopped its operation in compliance with the NTC order, which Justice Secretary Menardo Guevarra said is immediately executory.
In its 46-page petition for certiorari and prohibition, the country’s largest broadcast network asked the high court to set aside the NTC’s order and issue a permanent injunction against its implementation, saying that the regulatory body committed grave abuse of discretion when it issued the controversial order to stop broadcasting after its franchise expired.
“Instead of issuing a provisional authority, the NTC, in bad faith, issued cease and desist order against ABS-CBN. It did exactly the opposite of what it was expressly enjoined to do, and it maliciously reneged on the representations Commissioner Gamaliel Cordoba made to the House Committee. This is grave abuse of discretion amounting to lack of jurisdiction,” read the petition.
The network was referring to the March 2020 congressional hearing where Cordoba said that the NTC will follow the advice of the Department of Justice (DOJ) to allow its continuous operation based on equity.
Justice Secretary Menardo Guevarra had then advised the NTC to allow ABS-CBN to operate in accordance with law and equity.
But the NTC issued the shutdown order, two days after Solicitor-General Jose Calida warned that a provisional authority to operate will open a prosecution for graft.
“The NTC’s bad faith, malice, and underhandedness are simply shocking and abhorrent,” ABS-CBN said in its petition.
ABS-CBN also invoked the rule on the equal protection of the law, pointing out that the NTC broke its own precedent when it issued the desist order instead of deferring to Congress and issuing a provisional authority to allow it to continue its operations.
It pointed out that in the past, it had allowed broadcast entities with an expired franchise to continue operation pending renewal of their franchise in Congress.
“Commissioner Cordoba himself admitted that the NTC has previously allowed legislative franchise holders to continue operations notwithstanding the expiry of their franchises, the petition said, adding the NTC chief made this during the hearing of the Senate committee on public services hearing last February chaired by Sen. Grace Poe.
“There is no reason why the same practice should not be applied to ABS-CBN,” it added.
It added that the NTC even issued the order without any prior notice or hearing ignoring the damage it could cause to the network and its employees.
“The cease and desist order also violates the right of the public to information and is a curtailment of the freedom speech and of the press. Strong public interest and equity demand that ABS-CBN is allowed to continue its operation,” it said, adding there is no urgent or paramount need for the issuance of the cease and desist order.
“On the contrary, it is the closure of ABS-CBN that will cause serious and irreparable damage not only to ABS-CBN but, more importantly, to the public interest. ABS-CBN has more than 11, 000 employees and its closure will jeopardize the livelihood not only of such employees but also of their families,” the petition further stated.
The shutdown order, according to the network was also issued while the country is struggling with the COVID-19 pandemic. The NTC itself, in a memorandum order issued March 16, 2020, announced that “all subsisting permits, permits necessary to operate and maintain broadcast and pay-TV facilities nationwide expiring within the quarantine period shall automatically be renewed and shall continue to be valid 60 days after the end of the government-imposed quarantine period.”
With the shutdown order, the government will also lose a significant source of revenues, noting that from 2016 to 2019, it has remitted to the government income tax payments amounting to at least P14.3 billion.
“This does not include withholding taxes remitted by ABS-CBN for its employees and talents,’ it added.
It added that its closure would also deprive the public of one of the leading sources of news and entertainment, thereby impairing their constitutional right to information on matters of public concerns.
“ABS-CBN has also raised P237 million for COVID response and each day that it is off air limits its capacity to raise further assistance. To close ABS-CBN now when it is most needed would certainly be detrimental to the public. Moreover, ABS-CBN cannot be closed without compromising the fundamental guarantees of freedom of speech and press,” it said.
ABS-CBN also filed an urgent motion asking the SC to hold a special raffle so that the petition may be assigned immediately to a division.
https://newsinfo.inquirer.net/1271441/abs-cbn-asks-sc-issue-a-restraining-order-vs-ntcs-shutdown-order
The cease and desist order was issued by NTC last May 5, a day after the network’s franchise has lapsed.
ABS-CBN immediately stopped its operation in compliance with the NTC order, which Justice Secretary Menardo Guevarra said is immediately executory.
In its 46-page petition for certiorari and prohibition, the country’s largest broadcast network asked the high court to set aside the NTC’s order and issue a permanent injunction against its implementation, saying that the regulatory body committed grave abuse of discretion when it issued the controversial order to stop broadcasting after its franchise expired.
“Instead of issuing a provisional authority, the NTC, in bad faith, issued cease and desist order against ABS-CBN. It did exactly the opposite of what it was expressly enjoined to do, and it maliciously reneged on the representations Commissioner Gamaliel Cordoba made to the House Committee. This is grave abuse of discretion amounting to lack of jurisdiction,” read the petition.
The network was referring to the March 2020 congressional hearing where Cordoba said that the NTC will follow the advice of the Department of Justice (DOJ) to allow its continuous operation based on equity.
Justice Secretary Menardo Guevarra had then advised the NTC to allow ABS-CBN to operate in accordance with law and equity.
But the NTC issued the shutdown order, two days after Solicitor-General Jose Calida warned that a provisional authority to operate will open a prosecution for graft.
“The NTC’s bad faith, malice, and underhandedness are simply shocking and abhorrent,” ABS-CBN said in its petition.
ABS-CBN also invoked the rule on the equal protection of the law, pointing out that the NTC broke its own precedent when it issued the desist order instead of deferring to Congress and issuing a provisional authority to allow it to continue its operations.
It pointed out that in the past, it had allowed broadcast entities with an expired franchise to continue operation pending renewal of their franchise in Congress.
“Commissioner Cordoba himself admitted that the NTC has previously allowed legislative franchise holders to continue operations notwithstanding the expiry of their franchises, the petition said, adding the NTC chief made this during the hearing of the Senate committee on public services hearing last February chaired by Sen. Grace Poe.
“There is no reason why the same practice should not be applied to ABS-CBN,” it added.
It added that the NTC even issued the order without any prior notice or hearing ignoring the damage it could cause to the network and its employees.
“The cease and desist order also violates the right of the public to information and is a curtailment of the freedom speech and of the press. Strong public interest and equity demand that ABS-CBN is allowed to continue its operation,” it said, adding there is no urgent or paramount need for the issuance of the cease and desist order.
“On the contrary, it is the closure of ABS-CBN that will cause serious and irreparable damage not only to ABS-CBN but, more importantly, to the public interest. ABS-CBN has more than 11, 000 employees and its closure will jeopardize the livelihood not only of such employees but also of their families,” the petition further stated.
The shutdown order, according to the network was also issued while the country is struggling with the COVID-19 pandemic. The NTC itself, in a memorandum order issued March 16, 2020, announced that “all subsisting permits, permits necessary to operate and maintain broadcast and pay-TV facilities nationwide expiring within the quarantine period shall automatically be renewed and shall continue to be valid 60 days after the end of the government-imposed quarantine period.”
With the shutdown order, the government will also lose a significant source of revenues, noting that from 2016 to 2019, it has remitted to the government income tax payments amounting to at least P14.3 billion.
“This does not include withholding taxes remitted by ABS-CBN for its employees and talents,’ it added.
It added that its closure would also deprive the public of one of the leading sources of news and entertainment, thereby impairing their constitutional right to information on matters of public concerns.
“ABS-CBN has also raised P237 million for COVID response and each day that it is off air limits its capacity to raise further assistance. To close ABS-CBN now when it is most needed would certainly be detrimental to the public. Moreover, ABS-CBN cannot be closed without compromising the fundamental guarantees of freedom of speech and press,” it said.
ABS-CBN also filed an urgent motion asking the SC to hold a special raffle so that the petition may be assigned immediately to a division.
https://newsinfo.inquirer.net/1271441/abs-cbn-asks-sc-issue-a-restraining-order-vs-ntcs-shutdown-order
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