OSG asks Supreme Court to issue gag order on case vs. ABS-CBN

The Office of the Solicitor General (OSG) has asked the Supreme Court to issue a gag order prohibiting the parties from discussing the merits of its quo warranto petition against ABS-CBN Corporation and its subsidiary, ABS-CBN Convergence, Inc.

Solicitor General Jose Calida alleged Tuesday that ABS-CBN “engaged in propaganda, in a clear attempt to elicit public sympathy, sway public opinion, and, ultimately, to influence the resolution of the case” following his filing of a petition seeking the forfeiture of the broadcast network’s legislative franchise.

He had earlier sought the revocation of ABS-CBN’s franchise due to what he called the company’a “highly abusive practices,” such as operating a pay-per-view channel on free-to-air signals and issuing Philippine Depositary Receipts to foreigners.

In response to the quo warranto petition, ABS-CBN said it complies with the law.

But Calida filed a “very urgent motion” for the issuance of a gag order on Tuesday, alleging that ABS-CBN violated the sub judice rule.

The sub judice rule restricts parties from publicly commenting on pending cases to avoid their prejudging.

In its en banc session, the SC ordered ABS-CBN Corporation and its subsidiary to comment on the motion within five days from receipt of notice, court spokesman Brian Keith Hosaka said.

In his motion, Calida enumerated four instances in which ABS-CBN allegedly violated the sub judice rule.

He mentioned three reports—which he called "videos"—that "directly tackles the allegations of the subject petition for quo warranto"; featured interviews from students "eliciting from them biased answers in favor of ABS-CBN Corporation"; and "justified" the operation of the Kapamilya Box Office (KBO) channel, respectively.

KBO is a movie channel on ABS-CBN TV Plus, the broadcast network's digital TV service.

Calida had sought a temporary restraining order against KBO, claiming that ABS-CBN violated its legislative franchise and had no permit from the National Telecommunications Commission when it launched the channel.

The SC has not issued a TRO. It has so far only ordered ABS-CBN to comment on the petition for quo warranto, which includes the request for the TRO.

The solicitor general also took issue with "commentaries" on the network's news website "which tend to prejudge the case and influence the Supreme Court" and "statements given by ABS-CBN, its artists, and other personalities to various media outfits" regarding the petition.

"Any grievances must be ventilated through the proper petitions, motions, or other pleadings before the courts," Calida said. "Our courts must be able to conduct their business in an orderly manner free from outside interference and influence."

Quo warranto is the same action the OSG initiated against former chief justice Maria Lourdes Sereno. The SC ousted her in 2018 for her alleged failure to file some mandatory asset declarations. — BM, GMA News