The Supreme Court on Tuesday, June 22 junked the quo warranto petition filed by Solicitor General Jose Calida against ABS-CBN.
In its decision, the SC en banc ruled that the petition has already no basis as it is now moot and academic since the franchise of ABS-CBN already expired on May 4.
“I was able to confirm with Chief Justice Peralta that the Supreme Court dismissed today during their En Banc meeting the Quo Warranto petition (GR No. 251358) filed by the Solicitor General against ABS-CBN Corporation on the ground of mootness,” said SC Spokesperson Brian Hosaka.
Meanwhile, ABS-CBN justice beat reporter Atty. Mike Navallo gave a simple explanation about the SC’s decision.
During the Pasada sa Teleradyo program, hosts Peter Musngi and Pat P. Daza asked Navallo to explain what SC’s decision really means.
Navallo explained that the quo warranto’s dismissal through the basis of moot and academic simply means that the Supreme Court justices deemed it unnecessary to discuss or take an action on Calida’s petition simply because the subject for the petition no longer exists which is the expired ABS-CBN franchise.
“Kapag nagdismiss ang Korte Suprema on the basis na moot and academic, ibig sabihin hindi pa nito tinitingnan yung merit mismo ng kaso. Ibig sabihin kung meron bang paglabag, meron bang mga violation dahil tinitingnan lang nya kaya ba natin itong tingnan. Tatanggapin ba natin itong kasong ito kumbaga nandun pa lang sya sa hindi naman nating sasabihin preliminary pero yun ung isa sa pinakaunang unang chinecheck,” he said.
“Kapag sinabing moot and academic ibig sabihin wala na yung tinatawag justiceable controversy.
“Ibig sabihin wala nang kailangan pang talakayin pa yung Korte Suprema at pagdesisyunan pa dahil yung tatalakayin dapat ay halimbawa franchise ng ABS-CBN na paso na. So ang gustong mangyari sana ni Solicitor General Jose Calida ay ipawalang bisa yung prangkisa ng ABS-CBN dahil may ilang paglabag umano sa konstitusyon at sa probisyon ng prangkisa nito.
“Pero dahil nga napaso na ang prangkisa ng ABS-CBN noong Mayo 4, wala nang dapat pang iinvalidate kasi ang gusto talagang mangyari ni Solicitor General Jose Calida ipagwalang bisa, eh ano ngayon ang ipapawalang bisa mo eh wala na yung prangkisa paso na,” he added.
The quo warranto petition against the Kapamilya network was filed in February by the Office of the Solicitor general on the grounds that it violated the constitution and provisions of its franchise when ABS-CBN offered PDRs to foreign investors and when ABS-CBN operated pay per view channel KBO.
Meanwhile, although the quo warranto petition was already dismissed, ABS-CBN remains off the air since the Supreme Court has yet to take action on ABS-CBN’s TRO petition against NTC’s to cease and desist order.
According to Navallo, the TRO case is scheduled to be discussed in July, two months after the broadcast giant shutoff its broadcast.
