The Solicitor General assures the public that
he is not meddling with anything connected to the Lopez controlled ABS-CBN
Corporation with respect to Congress when he gave the advise to the National
Telecommunications Commission (NTC) in not granting a provisional authority
which could have allowed its broadcast operations beyond its expired legislative
franchise and while there is a pending bill for its renewal in the House of
Representative.
It might be remembered that House Speaker Alan
Peter Cayetano called out the Solicitor General Jose Calida when the latter
gave an advisory letter to NTC last April 30, “unconstitutionally meddled in
the exclusive powers of Congress” and for choosing “to remain silent for close
to two months, and on the eve of the opening of Congress, come out with threats
to NTC.”
The Office of the Solicitor General (OSG) made it clear that it did not meddled or influenced the decision that was gave out by the NTC regarding the shutting down of the Lopez controlled station.
The Office of the Solicitor General (OSG) made it clear that it did not meddled or influenced the decision that was gave out by the NTC regarding the shutting down of the Lopez controlled station.
SolGen Jose Calida (photo credit to Manila Bulletin) |
“The actions of the Solicitor General show
that he is not at loggerheads with Congress,” the OSG said in a statement.
“In his letter dated April 30, 2020, the
Solicitor General warned the National Telecommunications Commission of its
possible encroachment on legislative power if it issues a provisional authority
without a law authorizing such action,” said the OSG, explaining that “warning”
or “caution” is not equivalent to making threats to the NTC.
OSG also explains that the advisory letter and
its subsequent press releases, never named Cayetano and any lawmaker.
“The April 30, 2020 letter merely formalized
the legal advice verbally given to NTC officials before that date regarding the
expiration of the media firm’s franchise,” said the OSG.
As regards to the issue of not informing Congress
about its advisory letter, the OSG said:
“The
Solicitor General could not have notified Congress of his April 30, 2020 letter
to NTC without being required to do so, the letter being part of lawyer-client
communication,” the OSG explained.
“Actually,
the Solicitor General acted with circumspection because voicing out his
concerns to Congress without being requested by it would have constituted
meddling in its affairs, apart from the fact that the issues he is raising are
sub judice,” added the OSG. It said that Calida has a pending quo warranto
petition before the Supreme Court (SC) that seeks to nullify the media giant’s
old franchise due to alleged violations.
The
OSG also pointed out there is “no rule requiring the Solicitor General to give
notice to a different branch of government of an internal communication
intended for a client in the executive branch.”
“There
is no reason for the Solicitor General to pick up a fight with Congress. In
fact, he agrees with Speaker Cayetano on the need to conduct an impartial,
fair, and thorough investigation to ventilate all issues for or against the
renewal of ABS-CBN’s franchise,” the OSG stressed.
“The
grant of a legislative franchise is imbued with public interest. It cannot be
haphazardly issued. Thus, to issue a provisional franchise to allow ABS-CBN to
continue its broadcasting operations without conducting a hearing would amount
to Congress acting speedily for the sake of acting speedily, which is a
disservice to the Filipino people,” it said.
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