Lawyer Paris Real sought clarification from the High Supreme Court as to what are the powers of Sol Gen. Jose Calida through a 166-page petition.
It is known that Sol. Gen Calida is behind the cease and desist order against ABS-CBN by the National Telecommunications Commission (NTC).
Real asked the Supreme Court to define the powers of the Office of the Solicitor General in the light of the media giant’s shutdown.
“By clarifying the scope of the Powers and Functions of the OSG under Section 35 of the Administrative Code, the bench, the bar and future generations will, therefore, be properly guided as to whether the subject ‘veiled threat’ of the OSG was done within the scope of the powers of the OSG.”
The Administrative Code of 1987 lays out the OSG ‘s powers to represent government entities in court cases, but does not say anything about informing them of potential action.
“Senator Drilon and Speaker Cayetano are correct in saying that there was indeed such ‘conflict of interest, interference and/or unconstitutional meddling’ on the part of the OSG in the functions of an independent quasi-judicial tribunal (as the NTC), so a repetition thereof may be avoided in the future.
“It is necessary for the High Court to resolve the matter in such a way that, if there was indeed interference or unconstitutional interfering, it ‘will guide the OSG not to do such an act of ‘interference’ or ‘unconstitutional meddling’ in the future.'”
LOOK: Lawyer Paris Real has filed a petition urging the Supreme Court to compel NTC to bring ABS-CBN back on air soon and prohibit NTC from taking back network's frequencies. He also asks SC to compel House of Reps to act on #ABSCBNfranchise renewal bills. | via @mikenavallo pic.twitter.com/rk4IUs3tHF
— ABS-CBN News Channel (@ANCALERTS) June 6, 2020
Following the closure of ABS-CBN, it was revealed that SolGen warned the National Telecommunications Commission against issuing provisional authorities to ABS-CBN Corp. and its affiliate, ABS-CBN Convergence, Inc., in the absence of a franchise from Congress.
“The Constitution gives Congress the exclusive power to grant franchises to public utilities, such as broadcasting companies, in order to operate in the country. Although this legislative power may be delegated to administrative agencies through a law, at present, there is no such law giving the NTC or any other agency the power to grant franchises to broadcasting entities.”
JUST IN: Office of SolGen issues statement warning NTC against issuing provisional authority to ABS-CBN and affiliates. ABS-CBN Corp's franchise expires May 4. pic.twitter.com/dr5yEHYAzu
— Mike Navallo (@mikenavallo) May 3, 2020
Netizens praised Real’s initiative to know the powers and the true intention of the Solicitor General.
https://twitter.com/jeremiahcausing/status/1269191301045661696?s=20
— ruks (@nthebeningging) June 6, 2020
— Metch Davis Ylanan (@metch27336288) June 7, 2020
