President Rodrigo Duterte may still reverse the closure order of the National Telecommunications Commission (NTC) against ABS-CBN because the Commission is under his authority.
Broadcast Journalist Karen Davila tweeted that according to Congressman Prospero Pichay, under the constitution, President Duterte can reverse the decision of the NTC.
Cong Prospero Pichay says under the law, Pres Duterte can reverse NTC decision. He cites PD576-A where any conflict in regulation can be brought up to the Office of the Pres. Earlier, Sec @attyharryroque claims OP cannot intervene w NTC order shutting down ABSCBN.#ANCHeadstart pic.twitter.com/CXXJLC9Aer
— Karen Davila (@iamkarendavila) May 8, 2020
“He cites PD576-A where any conflict in regulation can be brought up to the Office of the Pres. Earlier, Sec @attyharryroque claims OP cannot intervene w NTC order shutting down ABS-CBN.”
Former senator and now Sorsogon Governor Francis “Chiz” Escudero also confirmed that President Rodrigo Duterte can reverse NTC’s decision, “PRRD can reverse the order of the NTC, being under the OP.”
re ABS-CBN… PRRD can reverse the order of the NTC, being under the OP. This is not the time to deprive the people w information re the pandemic &, following his humbling realization re Ayala & Pangilinan, Government needs all the help it can get to fight COVID-19… contd…
— Chiz Escudero (@SayChiz) May 5, 2020
“This is not the time to deprive the people (with) information re: the pandemic and following his humbling realization re: Ayala and Pangilinan. The government needs all the help it can get to fight COVID-19,” he said.
But while saying that the President could reverse the decision of the NTC, Escudero said that Congress also needs to act on the proposal for the ABS-CBN franchise, which remains pending before the House of Representatives.
“The House of Representatives and, later on, the Senate can and should act, one way or the other, on the franchise application of ABS-CBN, they cannot and should not simply pay lip service and then sit on it while supposedly awaiting signals from Malacanang.”
contd…The House of Representatives &, later on, the Senate can & should act, one way or the other, on the franchise application of ABS-CBN. They (especially the House) cannot & should not simply pay lip service & then sit on it while supposedly awaiting signals from Malacanang.
— Chiz Escudero (@SayChiz) May 5, 2020
This is in accordance with the “Presidential Decree NO. 576-A -REGULATING THE OWNERSHIP AND OPERATION OF RADIO AND TELEVISION STATIONS AND FOR OTHER PURPOSES,” that states that the President of the Philippines is authorized under the Constitution to review and authorize public utility franchises.
This contradicts spokesperson Harry Roque’s claims that President Duterte cannot reverse the decision of the National Telecommunications Commission (NTC) on the issuance of the cease and desist order to ABS-CBN,
“He cannot. We had thorough research on this made yesterday. Although it is attached to the DICT, it is only for purposes of policies and programs. All its decisions are made in a quasi-judicial capacity.”
Even though the NTC is attached to the Department of Information and Communications Technology (DICT), it is still expected to exercise its independence as regards its regulatory and quasi-judicial functions.
“If the President can even exercise appellate jurisdiction to the decisions of the NTC then perhaps the President can intervene. The reality is, no. We do not have appellate jurisdiction.”
