ABS-CBN claims 'financial hemorrhage,' says it may 'let go' of workers

ABS-CBN has urged the Supreme Court (SC) to stop the implementation of the government order that forced it to go off the air earlier this month, saying the "severe financial hemorrhage" the order is causing may force the network to "let go" of workers.

In an urgent reiterative motion filed Monday, ABS-CBN repeated its plea for the court to issue a temporary restraining order (TRO) against the National Telecommunications Commission's (NTC) cease and desist order.

"Every day that it is off the air, ABS-CBN is losing about P30 to P35 million mainly in advertising revenues. 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.

The broadcast network said the "immediate issuance" of a TRO would "arrest the grave injustice and irreparable injury that ABS-CBN, its 11,000 employees, various stakeholders and the general public have begun to suffer."

ABS-CBN filed a petition to halt and then nullify the NTC's cease and desist order last May 7, two days after the commission told it to stop operating several of its radio and television stations supposedly due to its lack of a valid franchise.

The company's license to operate for the last 25 years expired on May 4. Bills for the renewal of its franchise have been pending before Congress for years.

The NTC issued the order despite saying last March that it will heed the advice of the Department of Justice, which has maintained that there is sufficient basis to allow broadcast entities to continue operations pending congressional action on their application for franchise renewal.

ABS-CBN's petition was raffled to the SC justice who will oversee its progress last week. The court has yet to announce any new development on the case.

In its latest motion, the company said the cease and desist order prevents it from providing information and entertainment to its viewers and from asking for donations for its relief operations. It also argued that the order "reduces competition in the broadcast industry to the detriment of the public."

"Finally, the implementation of the cease and desist order impacts negatively on the freedom of speech and of the press which are intended to promote free exchange of ideas," ABS-CBN said.

Meanwhile, lawyer Lorenzo Gadon filed a motion opposing ABS-CBN's petition, arguing that the company did not exhaust administrative remedies before going to the SC and claiming that the Court of Appeals, not the SC, has jurisdiction over the case.

He also said the TRO "can no longer be available" because the cease and desist order "has been issued and ABS complied with the order."

His motion, filed Monday, also asks for ABS-CBN's petition to be consolidated with his petition last March, which urged the court to issue a TRO to prevent the NTC from issuing the network a provisional authority to operate beyond May 4. --KBK, GMA News