With petition junked, solon says OSG, NTC sub judice shield now gone in ABS-CBN hearings

MANILA, Philippines — The Office of the Solicitor General (OSG), the National Telecommunications Commission (NTC), and the Securities and Exchange Commission (NTC) can no longer refuse to answer questions on the ground of sub judice after the Supreme Court junked the quo warranto case filed against media giant ABS-CBN.

Agusan del Norte 1st District Rep. Lawrence Fortun said that with the case junked, there would no longer be sub judice rule to invoke in the House hearings concerning issues raised in the dismissed quo warranto petition.

“I already anticipated this. I said before that if Congress does not act on the franchise bills until the expiration, the Solicitor General’s petition will become moot and academic,” Fortun said in a statement.

“It would have been most welcome if the Supreme Court resolved the issues raised in the petition and dismissed the action for lack of merit and not just because it has become moot and academic,” he added.

Fortun likewise said that the minority bloc in the House of Representatives would be “more direct” with their questions.

“We, in the House Minority, will be more direct in our questions in the days ahead on those opposed to the ABS-CBN Franchise,” Fortun said.

“The Office of the Solicitor General or its representatives, the NTC and the SEC can no longer refuse to answer our questions on the ground of sub judice when they appear before Congress,” the lawmaker added.

Further, Fortun said: “All the more, the grounds raised to deny ABS-CBN the renewal of its franchise will be further exposed to be devoid of merit and should not be lent credence by Congress.”

The Supreme Court has dismissed on the ground of mootness the quo warranto case filed against ABS-CBN.

The case is already considered moot because the television giant’s franchise expired last month.

“We hope that shortly after this, the Supreme Court will resolve to void the NTC’s cease and desist order and allow ABS-CBN to resume airing pending final resolution by Congress on its application for renewal or new franchise,” Fortun said.

In an earlier House hearing, Solicitor General Jose Calida said he would not answer queries related to his pending cases against media giant ABS-CBN on the ground of sub judice rule.

According to Calida, the sub judice rule “restricts comments and disclosures pertaining to the judicial proceedings in order to avoid prejudging the issue, influencing the court, or obstructing the administration of justice.”