Duterte can reverse NTC’s closure order vs ABS-CBN–Escudero

A man wearing a mask walks pasta makeshift memorial outside the headquarters of broadcast network ABS-CBN in Quezon City on Tuesday. (AP)

MANILA, Philippines — President Rodrigo Duterte could still reverse the National Telecommunications Commission’s (NTC) closure order against ABS-CBN since the commission is under his office

Former senator and now Sorsogon Governor Francis “Chiz” Escudero gave his opinion on Wednesday as the giant television network went off the air  Tuesday night in compliance with the NTC’s order.

The NTC directed the closure of ABS-CBN despite Congress’ request to grant it provisional authority to operate  as the company’s franchise lapsed on May 4.

“PRRD (Duterte’s initials) can reverse the order of the NTC, being under the OP,”  Escudero, who is also a lawyer, said in a Twitter post.

“This is not the time to deprive the people (with) information re: the pandemic and following his humbling realization re: Ayala and Pangilinan. Government needs all the help it can get to fight COVID-19,” he said.

Duterte earlier apologized to businessmen Manny Pangilinan and the  Ayala clan for his “hurtful words” against  them.

But while saying the President could reverse the NTC’s decision, Escudero said Congress must still need to act on ABS-CBN’s franchise application, which remains pending at the House of Representatives.

“The House of Representatives and, later on, the Senate can and should act, one way or the other, on the franchise application of ABS-CBN,” he said.

“They (especially the House) cannot and should not simply pay lip service and then sit on it while supposedly awaiting signals from Malacanang,” the governor added.

Presidential spokesman Harry Roque refuted Escudero’s contention, saying that the NTC is attached to the Department of Information and Communications Technology but “only for purposes of policies and programs.”

“All its decisions are made in a quasi-judicial capacity,” Roque said ABS-CBN News Channel.

“If the President can even exercise appellate jurisdiction to the decisions of the NTC then perhaps the President can intervene. The reality is no. We do not have appellate jurisdiction,” he added.

But Escudero stood his ground, saying “whether or not to issue a provisional permit is not ‘quasi-judicial’ in nature but administrative and, given past practices, ministerial in nature. That the CDO (cease and desist order) was issued w/o due process (notice & hearing) negates the position that it is quasi-judicial.”

The governor, nevertheless, said he believes Roque’s statement that the President has already forgiven ABS-CBN, which Duterte repeatedly attacked in the past for not airing his paid advertisements during the 2016 elections.

“Perhaps over-zealousness has overtaken ‘some of the President’s men’ and they need to be reined in and guided accordingly especially during this pandemic,” Escudero said in another tweet.

DM/EDV

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