Solon proposes House to intervene in ABS-CBN petition vs. NTC before SC

Published May 11, 2020 11:18 AM By ERWIN COLCOL, GMA News

Ako Bicol party-list Representative Alfredo Garbin Jr. on Monday proposed that the House of Representatives "intervenes" to support the petition filed by ABS-CBN before the Supreme Court challenging the cease and desist order issued by the National Telecommunications Commission (NTC).

In a statement, Garbin, a lawyer and member of the House committee on legislative franchise, said the chamber agrees with the position of ABS-CBN that the NTC's cease and desist order is "improper" and "contrary to law" because it violated procedural due process and the equal protection clause and therefore should be withdrawn by the commission.

"With respect to the House, the Order arrogates into itself the House’s exclusive constitutional power to grant, extend, deny or revoke franchises," Garbin said.

"Thus, in order to protect the House’s interest and to comply with its constitutional mandate, it is best for the House and/or the Committee on Legislative Franchises, to intervene in the ABS-CBN Petition while the committee is deliberating on the franchise," he added.

According to Garbin, intervention is a legal proceeding where a third person is permitted by the court to become a party in a pending action as long as it meets the conditions and requirements set by the Rules of Court.

He said the House and/or the Committee on Legislative Franchise may properly intervene in the ABS-CBN's petition as the chamber has "legal interest" in the outcome of the petition, and the intervention "will not unduly delay or prejudice the right of the original parties to the case."

He added that the House's interests in the case "may not be fully protected in a separate proceedings."

Garbin, however, clarified that a motion for intervention is only his suggestion and is not yet the position of the House.

"The propriety of the suggested motion for intervention is that it has the same parties and justiciable controversy. Kapag pareho ang issues and parties, the court will just consolidate the case," he said.

"The House can file a motion for intervention before the Supreme Court as the latter maintains that NTC cannot arrogate into itself the House exclusive power to grant, deny, extend or revoke franchises. This is apart from the House expediting the deliberation of the ABS-CBN franchise," he added.

House Speaker Alan Peter Cayetano said in a statement on Friday that the House will proceed with its "fair, impartial, thorough, and comprehensive" hearings on the ABS-CBN franchise issue.

As of Monday, however, the House has yet to announce a schedule for the hearing on the matter. —AOL, GMA News
 

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