SC wants Senate, House to join discussion on ABS-CBN plea for prohibition

This view shows the ABS-CBN network headquarters in Quezon City in the Metro Manila area on May 5, 2020. – The Philippines’ top broadcaster ABS-CBN on May 5 was ordered off the air over a stalled operating licence renewal, drawing fresh charges that authorities were cracking down on press freedom. (Photo by Maria TAN / AFP)

MANILA, Philippines –Broadcast network ABS-CBN has failed to get immediate relief from the Supreme Court to temporarily stop the implementation of the shutdown order issued by the National Telecommunications Commission (NTC)

During Tuesday’s en banc (full court) session, the high court instead ordered that both Houses of Congress–the Senate and the House of Representatives be impleaded on the petition for prohibition filed by television network ABS-CBN.

High Court magistrates came up with such a decision during Tuesday’s en banc. It opted to hear the sides of the legislative as well as the National Telecommunications Commission (NTC).

Both Houses of Congress and the NTC has 10 non-extendible days to comment upon receipt of the resolution.

“The Court separately impleaded the Senate and the House of Representatives as a party to the case and required them to comment on the Petition within a non-extendible period of 10 calendar days from receipt of notice,” high court’s Public Information Chief and Spokesman Atty. Brian Keith Hosaka said.

NTC was also given five non-extendible calendar days from personal notice of the comments of the Senate and House of Representatives to submit a reply.

Without a restraining order on the shutdown order, ABS-CBN cannot resume its operation.

Aside from a restraining order, ABS-CBN, in its petition wants a permanent injunction on the CDO issued by the NTC.

The high court also denied outright the motion filed by lawyer Lorenzo “Larry” Gadon seeking to consolidate ABS-CBN TRO plea with his earlier SC petition seeking to prohibit NTC from issuing provisional authority to the network.

“The aforementioned actions were unanimously approved by the 14 justices of the Supreme Court,” Hosaka said.

Currently, the high court has 14 justices at present following the retirement last May 11 of Associate Justice Andres Reyes Jr.

On Monday, ABS-CBN has submitted an urgent plea for TRO saying it is suffering from “financial hemorrhage” with P30 to P35 million losses in advertising revenues daily since the NTC issued the order forcing it off air last May 5 while its application for the renewal of franchise is still pending in the House of Representatives.

“If this severe financial hemorrhage is not stopped, ABS-CBN may be constrained to eventually let go of workers, reduce salaries and benefits, and substantially cut down on costs and expenses,”’ it said, adding that the implementation of the NTC’s order “endangers the livelihood not only of ABS-CBN’s 11, 000 employees and their families but also of its talents, content creators, security guards, canteen helpers, drivers, utility personnel and all those employed in the industries associated with its operation.”