DOJ to decline NTC request for advice on ABS-CBN franchise

The Department of Justice (DOJ) is declining the National Telecommunications Commission's (NTC) request for its legal opinion on ABS-CBN's continued operations pending the renewal of its soon-to-expire franchise.

Justice Secretary Menardo Guevarra said they will not give its legal opinion to the NTC because a private party, ABS-CBN, is involved and will not be bound by its advice.

He said the department's opinions are solicited only by national government agencies "in connection with their official work."

"Pero pagka merong private individual, or private company, or private interest na involved, like ABS-CBN, hindi kami makapagbibigay ng opinion, because our legal opinion will not be binding on a private company who may actually go to court to have the matter resolved," he told reporters at the Senate on Monday.

He also said the issue may be "speculative." "Who knows kung talagang magi-expire 'yang franchise ng ABS-CBN without Congress having acted on it?" he said.

ABS-CBN's franchise will expire on May 4, ending the 25-year term of its license to operate. Congress has yet to act on bills for the franchise to be renewed.

This prompted the NTC to request the DOJ's legal opinion on whether or not the broadcast network could continue operating if its franchise would lapse before lawmakers could act on the pending bills.

Though Guevarra said he is declining, he said at a Senate hearing, with ABS-CBN executives and the NTC commissioner present, that Congress may authorize the NTC to issue ABS-CBN a provisional authority to operate pending congressional action on the franchise bills.

He said NTC Commissioner Gamaliel Cordoba, who was seated next to him at the hearing, already knows "where I'm leading to" but that he will formally notify the commission "in a couple of days."

Answering a question asked by Senator Francis Pangilinan, Guevarra confirmed the DOJ issued an opinion to the NTC in 2018 — but that it was not specific to one broadcast company.

He said the NTC requested a legal opinion on a "general query" — on whether the phrase "commercial purposes" in franchises "would include any other type of commercial purpose than the usual advertising income for broadcast companies."

"And we interpreted the phrase 'commercial purposes' broad enough to include any other sources of income apart from the usual advertising, but subject to any specific guidelines that the National Telecommunications Commission may enforce," the Justice chief explained.

Asked by the senator if this means ABS-CBN could derive income from other programs, like its Kapamilya Box Office (KBO) channel, he said: "That is correct, because the term is general enough: 'for commercial purposes.'"

ABS-CBN has also been brought to the Supreme Court by the Office of the Solicitor General (OSG), which is seeking the forfeiture of its franchise due to alleged "highly abusive practices."

ABS-CBN said it did not violate the law. Its lawyers have filed their official comment to the OSG's petition.  —KBK, GMA News