On ABS-CBN's Shut Down (My First Legal Reflection)

DOING INDIRECTLY WHAT COULD HAVE BEEN DONE DIRECTLY

ABS-CBN, a broadcast network, must obtain a franchise to operate. They must obtain it from Congress. A franchise bill has to be approved by the House of Representatives then it has to be forwarded to the Senate. Once a franchise bill is approved by both Houses, the last one to approve it is the president.

But the House of Representatives was unable to act on ABS-CBN’s franchise renewal. Instead the House of Representatives and the Senate authorized the NTC to give provisional authority to ABS-CBN. What does NTC have to do with ABS-CBN’s issue on franchise? Well, NTC issues a Certificate of Public Convenience to any broadcast network after a franchise is secured by the network from Congress. But because there is no franchise yet, NTC cannot provide ABS-CBN the said certificate. So, a provisional authority to operate is deemed to be the solution. This is also the legal view of the DOJ Secretary that Congress may direct NTC to issue a provisional franchise to ABS-CBN while its application for renewal is pending in the House of Representatives. Despite this advice of the DOJ, NTC did not issue a provisional authority to operate rather it issued a cease and desist order against ABS-CBN on May 5, a day after the expiration of its legislative franchise.

Is there any grave abuse of discretion on the part of NTC for not granting ABS-CBN a provisional permit? NTC has to execute the law. If there is no franchise, there is no operation can be made by the network. Section 16 of the Public Telecommunication Policy Act of the Philippines states that, “no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.” NTC is just doing what they are ought to do.

Can Congress hold NTC in contempt for not issuing ABS-CBN the provisional authority to continue operations? This is a good question but this is not the fact in issue here. If only Congress has granted the franchise, it can be shown then that NTC has nothing to do with the closure of ABS-CBN. If it is in the power of Congress to grant the franchise, why can’t they give it to ABS-CBN and revoke it thereafter if ever ABS-CBN shall be found violating the terms and conditions of their franchise? It’s not hard to tell that someone is trying to do indirectly what could have been done directly, i.e., to get rid of the network temporarily or even permanently.