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Calida says he only 'cautioned' NTC vs. granting ABS-CBN provisional authority to operate

By ERWIN COLCOL,GMA News

Solicitor General Jose Calida on Monday said he merely "cautioned" the National Telecommunications Commission (NTC) that it could be overstepping on the authority of Congress to issue a legislative franchise if it issued ABS-CBN a provisional authority to operate.

Calida made the remark amid the report that he "pressured" officials of the NTC to issue a cease and desist order against ABS-CBN instead of a provisional authority to operate, which the commission committed to the House franchise panel to issue.

Calida participated via teleconferencing in the joint hearing of the House Committee on Legislative Franchises and on Good Government and Public Accountability on the ABS-CBN franchise issue.

In his speech, Calida said he is one with the intention of Speaker Alan Peter Cayetano to have fair and comprehensive hearings on the ABS-CBN franchise issue in order to shed light on the allegations thrown at the network.

He pointed out, however, that he is not "at loggerheads" with Congress.

"In my letter to the NTC, I only cautioned the NTC of its possible encroachment on the legislative power if it issues a provisional authority without a law authorizing such action," he said.

"I never mentioned the name of Speaker Cayetano and any congressman in my advisory letter to NTC or in any of my subsequent press releases," he added.

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Cayetano and House franchise committee chair Franz Alvarez earlier wrote to the NTC to issue ABS-CBN a provisional authority to operate beyond the expiration of its franchise on May 4 while the House is deliberating on the network's franchise renewal bid.

But Calida, during his speech, maintained his position that a franchise is required to operate radio and television stations within the Philippines, and that Congress has the sole authority to grant the said franchise, including its terms, conditions, and period.

The Solicitor General also reiterated that a franchise for broadcast should specifically be in the form of a law.

Calida said that the Office of the Solicitor General (OSG) has always been consistent in upholding the rule of law and good governance, as evidence in the cases of former Chief Justice Maria Lourdes Sereno and Senator Leila De Lima, which he said the OSG filed and won before the high court.

"Bakit pa kami titigil ngayon? Responsibilidad naming ipagpatuloy ang labang ito hindi para sa ming sarili kundi para sa sambayanang Pilipino. We will endeavor to right every wrong no matter what the cost, no matter who we go up against," he said.

"The quo warranto petition filed against ABS-CBN should not be an exemption.... What the OSG is seeking before the Supreme Court is merely the correction of a legal wrong and nothing else," Calida added. --KBK, GMA News