‘It’s sub judice,’ says Calida on snubbing ABS-CBN franchise hearing

MANILA, Philippines — Citing sub judice rule, Solicitor General Jose Calida declined to appear before the Senate public services committee during its hearing on the franchise of ABS-CBN.

Calida had earlier sought the revocation of the franchise of ABS-CBN through a quo warranto petition he filed before the Supreme Court, citing alleged “abusive practices” of the network.

ABS-CBN, however, has maintained it did not violate any law governing its franchise and that it had secured all necessary approvals for its business operations.

“It appears that the matters to which I am expected to express my views and comments on are precisely the subject matter of the Petition for Quo Warranto,” Calida said in a letter sent to the office of Senator Grace Poe, chair of the Senate public services committee.

Copies of the letter, dated Feb. 24, were obtained by media after the hearing.

“Considering that the issues to be discussed in the public hearing is sub judice, it is with much regret that I respectfully decline your invitation. Please note that the ‘operations of’ and ‘compliance by’ ABS-CBN Corp., together with the possible ‘extension of the franchise’ are the lis mota (litigation moved) of the said Petition,” Calida’s letter further said.

The solicitor general had also earlier filed a motion before the high court seeking to gag ABS-CBN and concerned parties from talking about the petition he filed against the network.

“While the Supreme Court has yet to issue a formal gag order on the parties and their representatives, the pendency of the said case, nevertheless, brings it under the sub judice rule which prohibits the undersigned both as petitioner and as officer of the court from sharing my views and commenting on the merits of the said case to maintain ‘the dignity and authority of the court’ in the administration of impartial justice,” Calida said.

He added that copies of the petition with the complete set of annexes and the related pleadings were submitted to Poe’s office.