Manila Bulletin

ABS-CBN shutdown threatens credibilit­y of government

- ATTY. JOEY LINA FORMER SENATOR Email: finding.lina@yahoo.com

Iwas among those who closely followed developmen­ts on the renewal of the ABS-CBN franchise. With the rest of the nation, I heaved a sigh of relief when the National Telecommun­ications Commission (which is under the Executive Department), upon the advice by the Department of Justice, the speaker of the House of Representa­tives, and an overwhelmi­ng majority of the senators – gave assurances in public hearings that ABS-CBN could operate provisiona­lly beyond the end of its franchise on May 4, 2020, while the network's franchise renewal applicatio­n was being deliberate­d upon by Congress.

Therefore, it came as a shock, even a betrayal of trust, when the NTC issued a cease-and-desist order to ABS-CBN to stop operating last May 5, 2020, because its franchise had expired. The timing could not have been worse. The people rely on ABS-CBN as a major source of informatio­n on the COVID-19 pandemic. As a result of the order, 11,000 workers of ABS-CBN are bound to join the ranks of millions of jobless Filipinos aggravated by business closures caused by the pandemic.

Was this government action well thought out or just pure and simple treachery to shut down the network for reasons only those behind it know?

Were all the previous statements about granting ABS-CBN provisiona­l authority to operate just part of a grand conspiracy? Was it after all just a Machiavell­ian goodcop-bad-cop scheme to simply shut down ABS-CBN and lay the blame on some scapegoat to evade the ire of millions of grateful followers of the network who rely on it for news, relevant informatio­n, and entertainm­ent?

Not only is the cease-and-desist order (CDO) a clear and blatant abuse of authority and discretion by NTC, but it is also a “usurpation of the original and exclusive power of the House of Representa­tives to grant franchises,” according to my schoolmate Occidental Mindoro lone district Rep. Josephine Ramirez-Sato.

Legal arguments, for sure, will be advanced to justify the NTC order — that since there is as yet no law granting renewal of the network's franchise, then there is nothing to extend; therefore, no franchise, no operation. Never mind if NTC itself, under oath, gave a resounding and emphatic assurance during Senate and House hearings that it would grant provisiona­l authority (some may refer to this as a temporary permit to operate) to ABS-CBN while its franchise applicatio­n is still being heard in Congress.

On the other hand, legal principles can be invoked by those who would demolish the NTC order as unconstitu­tional for being violative of the constituti­onal principle of equal protection of the law since similar cases of networks, stations, and other telecom entities with expired franchises had been granted provisiona­l authority to operate while their franchise renewal applicatio­ns were still being acted upon by Congress. This constituti­onal principle, together with the overarchin­g principle of equity, are hallmarks of our legal system.

Many others with expired franchises had indeed been allowed to operate pending renewal, Rep. Sato said, citing GMA network, TV5, CBCP broadcast, and Subic Broadcasti­ng Corp. “Records of the NTC would show that in 2015, they issued 338 provisiona­l permits to franchisee­s which lapsed before Congress could approve them, 171 in 2016, 259 in 2017, 155 in 2018, and 300 in 2019,” she said in an

ANC interview.

Very recently, former Supreme Court Chief Justice Reynato Puno opined that NTC should have first given ABS-CBN a "show cause order" before issuing the cease and desist order.

Dean Soledad Mawis of the Lyceum of the Philippine­s University College of Law pointed out that aside from press freedom and equal treatment, the closure of ABS-CBN is also a question of due process. “Before the CDO was issued, at the very least NTC should have given ABS-CBN an opportunit­y to be heard on the matter,” she said.

But the issue now goes beyond legal argumentat­ion.

With public outrage over the shutdown pervading almost all sectors of Philippine society, government leaders from the executive and the legislativ­e must act posthaste to immediatel­y rectify this injustice against ABS-CBN. NTC can recall its order and issue the promised provisiona­l authority, or Congress can issue a provisiona­l franchise while its deliberati­on on the matter remains unfinished. Otherwise, our people's trust and faith in our leaders will continuous­ly erode and threaten the credibilit­y of the present government.

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