Aspiring SC justices weigh in on ABS-CBN franchise issue in online JBC interviews

Aspiring Supreme Court (SC) justices weighed in on the issue of ABS-CBN's franchise in the first online public panel interview conducted by the Judicial and Bar Council (JBC).

JBC members interviewed four Court of Appeals (CA) justices on Thursday through videoconferencing as COVID-19 community quarantine measures remained in place.

They are applying for the SC seat vacated by Andres Reyes, Jr., who retired on May 11.

Members of the JBC, which screens applicants to judiciary posts, asked all four interviewees about ABS-CBN, which has filed a petition before the SC challenging the cease and desist order issued by the National Telecommunications Commission (NTC) that forced it to stop the operations of dozens of its radio and television stations.

ABS-CBN's franchise expired on May 4 without Congress having decided on the bills for its renewal, which have been pending for years.

Asked about the matter, Justice Ramon Bato, Jr. said he believes that under existing law, ABS-CBN cannot operate without a franchise.

He said he agrees that the expiration of the franchise was "self-executing," making the cease and desist order "superfluous." But he said he believes the order was not void, "because the NTC can motu proprio issue that order because of the expiration of the franchise."

Asked if ABS-CBN has a cause of action against Congress for its failure to issue a franchise, Bato said: "I don’t think [so], Your Honor, because that is within the full discretionary authority, plenary authority of Congress to grant or to deny a franchise and that is a matter of legislation and in matters of legislation, that is addressed to the collective wisdom of the members of the legislative body."

Justice Priscilla Baltazar-Padilla, for her part, said Congress cannot be compelled to issue a franchise to any entity "because franchise is a mere privilege" and "cannot be demanded as a matter of right."

She also said that a joint resolution by Congress is not the proper remedy as "what is required is a law and not a mere resolution."

Justice Edwin Sorongon said there are questions of fact in ABS-CBN's petition challenging the cease and desist order. The SC is known as a court that is not a trier of facts.

Sorongon said it was his opinion that the petition should be dismissed if there are factual issues involved. He cited an SC ruling in saying that the CA or the trial courts should resolve cases that have factual issues.

Justice Nina Antonio-Valenzuela said the Constitution provides that a franchise is a privilege, rather than a right, that can be granted only by Congress.

The SC PIO said the following candidates also applied for the associate justice's seat but still have valid interviews from previous applications: CA justices Manuel Barrios, Ramon Cruz, Japar Dimaampao, Jhosep Lopez, Eduardo Peralta, Jr., Pablito Perez, and Ricardo Rosario; Sandiganbayan Presiding Justice Amparo Cabotaje-Tang, and Court Administrator Jose Midas Marquez. — BM, GMA News