Calida contradicts own duty as statutory lawyer of NTC — De Lima

Solicitor General Jose Calida has acted in contrast of his duty as statutory lawyer of the National Telecommunications Commission (NTC) when he warned the latter on risks of facing graft raps should it issue ABS-CBN Corp. and its affiliate provisional authorities to operate, Senator Leila de Lima said Tuesday.

"Lawyers must be advocates of their clients. Mr. Calida’s action smacks of conflict of interest and is a violation of the Code of Professional Responsibility," De Lima said in a statement.

"Canon 17 of the Code states that a lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. Mr. Calida should be dismissed from service for publicly going against OSG’s (Office of the Solicitor General) clients and disbarred for his misconduct," she added.

On Sunday, Calida warned commissioners of the NTC that they could face Anti-Graft and Corrupt Practices Act charges should they allow ABS-CBN Corp. and its affiliate to continue operations through provisional authorities after their 25-year franchises lapse on May 4.

The NTC previously said it will heed the advice of the Department of Justice (DOJ) and both houses of Congress to allow the company to continue broadcasting "based on equity."

The OSG is the legal counsel of the NTC.

De Lima said this is the second time the Calida-led OSG has acted in conflict of its client's interest. She said the first instance was when the office allegedly issued an "unsolicited legal opinion" that Philippine Offshore Gaming Operators (POGO) are not bound to pay income tax in the country.

"To this day, POGOs are using Mr. Calida’s opinion to fend off collection efforts by the OSG-client Bureau of Internal Revenue, to the prejudice of our country," the senator said.

"Mr. Calida, ikaw ata ang tunay na may problema. Ang POGO na perwisyo, aprubado sa‘yo. Ang ABS-CBN na nagseserbisyo, rejected mo," she added.

Senate Minority Leader Franklin Drilon also shared the same sentiment regarding Calida's warning to NTC.

"The OSG should be reminded of its mandate under the law. Under the Revised Administrative Code, the OSG shall act as lawyer of government agencies including the NTC," Drilon said in a separate message sent to reporters on Monday.

"There is a conflict of interest there when the lawyer threatens to sue its client. It is NTC and not OSG that is granted regulatory functions under the law," he added.

Further, De Lima said that by issuing such "threat" of raps against the NTC, Calida also "belittled" the official position of the DOJ and the Congress that there is sufficient basis to allow the unimpeded operations of the media corporation sans the final decision on its franchise renewal application.

Several senators on Monday reiterated that the NTC may issue provisional authority to ABS-CBN.

Before the Congress went on recess in March, the Senate adopted a simple resolution seeking the grant of the said permit for the media corporation.

The House of Representatives also wrote a letter to the NTC to allow the continued operations of the network.

At least 11 bills seeking ABS-CBN franchise renewal for another 25 years had been filed before the House Committee on Legislative Franchises since August 2019. The panel conducted its first hearing on the matter last March 10. — RSJ, GMA News