SC dismissal of ABS-CBN case vs NTC on ground of ‘mootness’ is ‘unfair’ – Macalintal

MANILA, Philippines — Lawyer Romulo Macalintal dubbed as “unfair” the decision of the Supreme Court to dismiss the petition of broadcast giant ABS-CBN against the National Telecommunications Commission’s (NTC) cease and desist order on the ground of “mootness of the case.”

Macalintal made the remark in a statement issued on Sunday, days after the Supreme Court dismissed the case “in light of the supervening denial of the pending House Bills for the renewal of ABS-CBN Corporation’s legislative franchise.”

“Because of this supervening event, there is no actual substantial relief which ABS-CBN Corporation would be entitled to regardless of the Court’s disposition of the merits of the Petition,” according to Brian Keith Hosaka, the public information chief and spokesperson of the Supreme Court.

Macalintal disagreed, saying: “But what is most highly unfair is to hear from the Supreme Court that, on the mere technical ground of ‘mootness of a case,’ ABS-CBN’s petition against the National Telecommunications Commission’s (NTC’s) cease and desist order (CDO) while its franchise application was pending in the HR was dismissed ‘due to the supervening event’ of the denial of its franchise application.”

Macalintal, an election lawyer, cited the case of Evelio Javier vs. Comelec regarding the 1984 election for assemblymen of the Batasan Pambansa.

The lawyer said Javier was assassinated before his case was decided, but despite this, the Supreme Court “refused to dismiss the petition on ground of mootness and supervening abolition of the Batasan Pambansa.”

“In the sterling words of the late great jurist Isagani Cruz, the Court said: ‘the Court will not disregard and in effect condone wrong on the simplistic and tolerant pretext that the case has become moot and academic’ and ruled that ‘Let it be spread in the records of this case, that were it not for the supervening events that have rendered it moot and academic, this petition would have been granted’,” Macalintal said.

“And our jurisprudence abounds with similar doctrines where the Court refused to dismiss cases on ground of ‘mootness’ when public interest is involved; issues raised may guide the bench and the bar and the public in future similar cases; or when the case is capable of repetition yet evasive of review,” he added.

In the case of ABS-CBN, Macalintal said its employees and talents had all the right to know from the Supreme Court whether or not the NTC “gravely abused its discretion or violated the rule on equal protection of the law when it allegedly discriminated against ABS-CBN when it refused or denied the network the automatic extension of 60 days.”

Macalintal was referring to an NTC memorandum dated March 16, 2020, which granted an extension of 60 days to all TV facilities nationwide whose permits were then expiring like ABS-CBN’s franchise application.

“ABS-CBN petition is considered as a ‘case of first impression’ since no similar issue had been raised in the past.  Thus, even under its Internal Rules, the Court has the responsibility, it not total obligation, to render a decision which ‘clearly and distinctly states the facts and the law on which it is based’ which could guide courts and lawyers if a similar case arises or is repeated in the future,” Macalintal said.

“More so if we consider the fact that the case could already be decided since the Solicitor General had already submitted its comment on the petition on behalf of the NTC as early as in May 2020,” he added.

Macalintal reiterated that the decision to dismiss the case is “highly unfair to ABS-CBN, and their said talents and employees and to the public to practically put them into a suspended animation” since they would not know if they were correct in assailing NTC’s order or if another remedy could have been more effective or applicable

“Thus, as in Javier case, the Court is called upon to declare that ‘Let it be spread in the records of this case, that were it not for the supervening events that have rendered it moot and academic, the petition of ABS-CBN would have been granted/denied and the CDO of NTC  declared valid/invalid’ or words of similar import,” Macalintal said.

“Then and only then can we say that the case is closed and it is time for all of us to move on,” he added.

To recall, on March 10, NTC Commissioner Gamaliel Cordoba told members of the House that they will follow the advice of the Department of Justice (DOJ), allowing ABS-CBN to operate while its franchise renewal bid is pending in Congress.

Despite this pronouncement, the NTC on May 5, a day after ABS-CBN’s franchise expired, issued a cease and desist order, directing the network to stop operating its television and radio broadcasting stations nationwide “absent a valid Congressional Franchise required by law.”

[atm]