Calida defends NTC, questions Congress over ABS-CBN franchise

Days after warning its officials they could face charges, Solicitor General Jose Calida on Wednesday defended the National Telecommunications Commission (NTC) against its critics over the shutdown order that forced ABS-CBN to go off the air for the first time since martial law.

"Why blame NTC when they are only following the law,” Calida said in a statement. "Without a valid and subsisting franchise from Congress, the NTC cannot allow any broadcasting entity from operating in the country."

"The bill renewing ABS-CBN’s franchise has been pending in Congress since 2016," the solicitor general added. "The question we should be asking is, why hasn’t Congress acted on it? Who is at fault here?"

Calida, who is of the position that broadcast companies cannot be allowed to operate without a franchise, called the NTC's cease and desist order "a triumph of the rule of law," saying a 2003 Supreme Court decision set a precedent for this power of the NTC.

"The Constitution requires a prior franchise from Congress before a broadcasting entity can operate in this country. Absent a renewal, the franchise expires by operation of law. The franchise ceases to exist and the entity can no longer continue its operations as a public utility," he said.

ABS-CBN's 25-year legislative franchise expired on Monday, May 4. The day before, Calida warned the commissioners of the NTC that they could face graft charges if they give ABS-CBN a provisional authority to operate beyond May 4.

The Office of the Solicitor General is the statutory counsel of government agencies, including the NTC. Calida said the OSG "has the duty to advise the NTC of what is legal or not."

On Tuesday, the NTC ordered the major broadcast network to immediately cease and desist from operating several of its radio and television stations -- despite saying last March that they will heed the advice of the Department of Justice (DOJ), which said broadcast companies may be provisionally permitted to operate pending franchise renewal.

The DOJ has maintained its position.

“The exercise by the NTC of its regulatory power is in accordance with the principle of the rule of law. Nobody is sacred. Even a powerful and influential corporation must follow the law,” Calida said in the statement.

ABS-CBN signed off on Tuesday evening in compliance with the cease and desist order. Its cable news channel, ANC, remains on-air.

According to Justice Secretary Menardo Guevarra, the order may be appealed before a regional trial court or the Court of Appeals.

Malacañang has defended both Calida and the NTC. Presidential spokesperson Harry Roque claimed that Calida did not influence the NTC and that NTC Commissioner Gamaliel Cordoba could not be dictated upon.

Roque also said Duterte cannot reverse the order against ABS-CBN since NTC, although attached to the Department of Information and Communications Technology, is a quasi-judicial body.

Guevarra, however, said the President may generally modify or revoke any order by executive agencies, but claimed such a discussion in connection with ABS-CBN's shutdown is "useless" because of Duterte's supposed hands-off stance on the issue.--KBK, GMA News