NTC cease and desist order vs. ABS-CBN ‘unconstitutional’ — solon

Deputy Speaker Prospero Pichay Jr. on Thursday described as unconstitutional the cease and desist order issued by the National Telecommunications Commission (NTC) against broadcast giant ABS-CBN after its franchise expired.

In a statement, Pichay said the NTC's order goes against the 1987 Constitution's Bill of Rights under Article III, Sections 1 and 4.

Section 1 states that “[n]o person shall be deprived of life, liberty, or property without due process of law, no shall any person be denied the equal protection of laws.”

Section 4, meanwhile, states that "[n]o law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

“There is no higher law than the Constitution, and the Bill of Rights is at the heart of this document. The NTC order closing down ABS-CBN should be revoked because it is in clear violation of the Bill of Rights,” Pichay said.

Pichay said that in its cease and desist order, NTC cited RA 3846 or the Radio Control Act which states that no radio broadcast station could operate without a legislative franchise.

But the lawmaker pointed out that RA 3846 has already been superseded by RA 7925 or the Public Telecommunications Policy Act of 1995, and this law inexplicably failed to include public broadcast entities from those who need a legislative franchise in order to operate.

Even if RA 3846 is still in effect, then ABS-CBN's radio broadcast operations, not its television counterpart, would have been covered, he added.

“But the Constitution under its Bill of Rights is already very clear. And especially considering the sentiments of both Houses of Congress and their desire for the NTC to not shut down ABS-CBN, then the NTC’s order last Tuesday should be withdrawn," Pichay said.

“The NTC should speedily withdraw its order closing down ABS-CBN. It should give Congress ample time to close the clear gaps in the laws governing broadcast entities. Meanwhile, the NTC is duty bound to upholds the rights to freedom of speech and press freedom as enshrined under the Constitution," he added.

Pichay has filed House Bill 6680 to amend RA 7925 to include public broadcast entities among those who need a legislative franchise. —LDF, GMA News