ABS-CBN petition vs. NTC raffled to SC justice

ABS-CBN's petition against the National Telecommunications Commission (NTC) order that forced it to stop broadcast operations last week has been raffled to a Supreme Court justice who will be in charge of the case.

Court spokesman Brian Keith Hosaka confirmed Monday that the petition has been raffled to a member-in-charge. He said the result of the raffle is confidential.

The member-in-charge will oversee the case's progress and disposition, according to the SC's internal rules. He or she will make recommendations to the court en banc.

ABS-CBN is challenging the NTC's cease and desist order that directed the media giant to stop operating several of its radio and television stations purportedly due to its lack of a valid franchise from Congress.

The company's license expired on May 4. Bills for its renewal have been pending before the House of Representatives for years.

ABS-CBN went to the SC to ask for a temporary restraining order against the NTC directive. It also wants the court to nullify and set aside the cease and desist order.

The network argued that the NTC violated its rights to due process and to equal protection of the law by issuing the order without notice and hearing, and despite previously allowing other entities to keep operating pending the renewal of their franchise.

The House Committee on Legislative Franchises has ordered NTC officials to explain why they should not be cited in contempt for issuing the cease and desist order.

The NTC assured lawmakers last March 10 that it would grant ABS-CBN a provisional authority to operate.

The Department of Justice also said and has maintained there is enough basis to allow broadcast entities to continue operating pending congressional action on their application for franchise renewal. — RSJ, GMA News