Former Chief Justice Puno: NTC should’ve first issued show cause order to ABS CBN
MANILA, Philippines — Before ordering media giant ABS CBN’s shutdown, the National Telecommunications Commission (NTC) should have first issued the network a show cause order as this is more in line with the requirement of procedural due process, former Supreme Court Justice Reynato Puno Jr. said on Monday
Former Chief Justice Reynato Puno. (File photo by RYAN LEAGOGO / INQUIRER.net)
Puno said it would have been better if the NTC heard the parties that would be adversely affected before they issue an orders that is “immediately executory” and “quite disruptive of the establishment of the status quo.”
“Dapat inissue muna ng NTC ‘yung show cause order. Ibig sabihin, ipaliwanag ng ABS CBN kung bakit hindi dapat mag issue ng cease and desist order ang NTC. That is more in accord with the requirement of procedural due process,” Puno said in an interview on ABS CBN News Channel.
(The NTC should have issued first a show cause order. It means, the network will have to explain why a cease and desist order should not be issued against them. That is more in accord with the requirement of procedural due process.)
“Mas madali kung we would hear the parties who would be adversely affected. We hear ABS CBN, we hear the Solicitor General, we hear Congress. ‘Yan ang essence ng procedural process, we hear the other parties before we hear ourselves,” he added.
Last May 5, the NTC issued a cease and desist order against ABS-CBN, a day after its franchise lapsed since bills seeking for its renewal languished in the House of Representatives. The network, in compliance with the order, went off the air the same day.Puno said the media network has three legal remedies that it can pursue: through a quasi-judicial body like the NTC; a judicial remedy from the Supreme Court and a legislative remedy where Congress will craft a law that would renew or not renew the franchise.
“Ito ay concern na ng abugado ng ABS CBN kung anong remedyo sa palagay nila ang most effective to protect the interest of the ABS CBN,” he said.
(It is up to the counsel of ABS CBN what remedy will be the most effective to protect the network’s interest.)
