ABS-CBN was not given a provisional authority unlike five other broadcasting firms the National Telecommunications Commission’s (NTC) had allowed to operate up to 2 years even though their franchise had lapsed.
Solicitor General Jose Calida, the alleged’man behind the ABS-CBN shutdown, justified before the Supreme Court the different treatment accorded to ABS–CBN by the National Telecommunications Commission.
In a 157-page reply submitted to the Supreme Court on behalf of its client NTC, Calida claimed first that NTC ‘s previous practice was not “a source of the right to be sought.”
“Even assuming that the NTC previously allowed mass media entities to continue operating after the lapse of their franchises because of pending application for legislative franchises, the practice cannot be the source of a demandable right.”
Calida had effectively implied that NTC violated existing laws and jurisprudence that say that only a franchise issued by Congress can allow a broadcaster to operate,
“No corporation shall…operate a radio station without having first obtained a franchise therefor from the Philippine Legislature.
“Just as the NTC cannot prevent the exercise of a legislative franchise, neither can it extend one without a proper grant from the legislature.”
As he cited the case of the Radio Law or Republic Act 3846 and the case of the Supreme Court, Calida stressed that NTC shouldn’t be excused for the violation of the existing laws,
“The violation or non–observance [of the laws] shall not be excused by disuse or custom or practice to the contrary.”
Previously, broadcast journalist Karen Davila tweeted that under the constitution, according to Congressman Prospero Pichay, President Rodrigo Duterte can still revoke NTC’s closure order against ABS-CBN because it is under his authority.
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
Former senator and now Sorsogon Governor Francis “Chiz” Escudero also confirmed that President Rodrigo Duterte can reverse NTC’s decision,
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
Calida, however, continued to support the procedure of the NTC saying that ABS-CBN is in a different position than the other businesses that have been given grace periods.
Equal rights do not apply in legal standards where there is a clear difference between two individuals or organizations.