The Office Solicitor
General (OSG) representing the National Telecommunications Commission (NTC) being
the counsel of the Philippine government had asked the Supreme Court (SC) to
dismiss the Lopez controlled ABS-CBN Corporation’s plea for a halt order
against the NTC’s cease and desist order on the media giant.
The OSG filed a 91 page
comment asking the High Court to dismiss the ABS-CBN’s Petition for Certioarai
for lack and merit and its prayer for a status quo ante or temporary
restraining order.
Also the OSG opposed the
High Court’s intention to include the Senate and House of Representatives as
respondents as it said that Congress has no participation in the case.
 |
| Solicitor General Jose Calida (photo credit to owner) |
‘Not a transcendental importance’
NTC through the Solicitor
General Jose Calida, said the High Court should dismiss the petition as it
violated the hierarchy of courts when it directly to the SC for relief.
The SolGen also said the arguments
raised by ABS-CBN would require the reception and evaluation of evidence.
SolGen Calida had previously sought
to revoke ABS-CBN’s now-expired franchise through a quo warranto petition,
where he alleges that the media giant of violating its own legislative franchise
law.
In the petition quo
warranto plea, the SolGen invoked transcendental importance and pointed out
that ABS-CBN Corp. is the “largest media conglomerate in the country” that
can shape public opinion on variety of issues.
The shutting down of the
media giant by the CDO of the NTC has not resulted to an irreparable damage.
“Generally speaking, the
petitioner must assert its own legal rights and interests, and cannot rest its
claim on the legal rights and interests, and cannot rest its claim on the legal
rights and interests of others,” he added.
NTC’s provisional authority and the
DOJ legal guidance
The SolGen pointed that Commissioner
Gamaliel Cordoba’s that it would issue a provisional authority during his
appearance in the House of Representatives is not binding, because NTC can only
collegially.
Calida also stressed that
the commissioner’s statements in the congressional hearings “cannot
supersede the requirements of the law.”
Regarding the Department of
Justice “legal guidance” to the NTC tht it can issue a provisional authority to
the media giant is “merely persuasive and not necessarily controlling.”.
Beyond Judicial review and opposition
to SC’s move to implead Congress
“The grant of a legislative franchise
to operate radio and television broadcasting stations is a political question
which is beyond the scope of this Honorable Court’s power of judicial review,” SolGen
Calida said.
“It may not be interfered with
by the courts unless the issuing authority went beyond its statutory authority,
exercised unconstitutional powers, or acted arbitrarily and without regard to
his duty or with grave abuse of discretion,” the solicitor general also said.
The SolGen is also not in
agreement to the High Court’s move to implead Congress, because it is is “not
necessary” as they do not have a substantial interest or right in this case.
NTC’s issuance of the Cease and Desist
order also did not involve the Congress, he noted.
What can you say about
this?
Share us your thoughts by simply leaving on the
comment section below. For more news updates, feel free to visit our site
often.
Stay
updated with today's relevant news and trends by hitting the LIKE button.
Thanks
for dropping by and reading this post.
Report from PhilStar
Disclaimer:
Contributed articles does not reflect the view of THE PH CHRONICLES. This website cannot
guarantee the legitimacy of some of the information contributed to us. You may
do additional research if you find some information doubtful. No part of this
article maybe reproduced without permission from this website.
0 Comments