The Philippine government’s top lawyer warned the NTC against granting ABS-CBN provisional authority to operate while the approval of its franchise is pending in Congress. | CMRamosINQ
The media giant’s franchise is set to expire on May 4, the same day Congress resumes its regular session.
During a later hearing of the House legislative franchise committee in March, NTC Commissioner Gamaliel Cordoba said theCordoba told the House panel that this decision was based on an opinion of the Department of Justice allowing ABS-CBN to operate based on equity considerations.
Pending approval of its CPC, however, it can apply for a provisional authority so it can start operating during the interim, he said. Pursuant to applicable laws, Supreme Court rulings as well as its own rules, Calida said the NTC can only issue a cease and desist order and/or a recall order against a broadcasting entity in the absence of a congressional franchise.
He added that the NTC could not use the opinion of the justice department as legal basis to grant ABS-CBN provisional authority, saying a 2003 ruling by the Supreme Court held invalid a 1991 DOJ opinion which stated that the NTC may issue a permit or authorization without a legislative franchise.
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