NTC erred in ABS-CBN closure order, says House leader
Published May 7, 2020 12:00 am
By Ellson Quismorio
The National Telecommunications Commission's (NTC) issuance of a cease and desist order against TV and radio giant ABS-CBN was unconstitutional, Deputy Speaker and Surigao del Sur 1st district Rep. Prospero Pichay Jr. said on Thursday.
Surigao del Sur 1st District Rep. and Deputy Speaker of the House Prospero Pichay
(KJ Rosales / MANILA BULLETIN FILE PHOTO) According to Pichay, the NTC order violated the 1987 Constitution’s Bill of Rights under Article III, Section 1, which states that “No 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.” Moreover, he said the NTC order also violated Article III, Section 4, which states that "No 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," argued Pichay, a Lakas-Christian Muslim Democrats (CMD) stalwart. "The NTC order closing down ABS-CBN should be revoked because it is in clear violation of the Bill of Rights,” he stressed. Pichay on Monday filed House Bill (HB) No.6680 to amend Republic Act (RA) 7925 or the Public Telecommunications Policy Act of 1995, which he said had failed to include public broadcast entities under the list of activities requiring a legislative franchise. On Tuesday, May 5, the NTC issued a cease and desist order on ABS-CBN’s television and radio broadcast operations after its legislative franchise expired a day earlier. As basis for its order, the Commission cited RA 3846, or the Radio Control Act, which mandates that no radio broadcast entity should be allowed to operate without a legislative franchise. But Pichay said RA 7925 under its repealing clause had already superseded the much-earlier issued RA 3846. If, for the sake of argument, RA 3846 is still in effect, then only ABS-CBN’s radio broadcast operations --and not its TV broadcasting-- would have been covered. “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Houses of Congress and their desire for the NTC to not shut down ABS-CBN, then the NTC’s order last Tuesday should be withdrawn," he said. The House leader noted that even Justice Secretary Menardo Guevara had pointed out the gaps in the existing laws, which HB No.6680 intends to address. Guevara opined that the NTC had valid grounds to issue a temporary operating permit to ABS-CBN, until Congress can renew its legislative franchise. “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," Pichay said.
Surigao del Sur 1st District Rep. and Deputy Speaker of the House Prospero Pichay(KJ Rosales / MANILA BULLETIN FILE PHOTO) According to Pichay, the NTC order violated the 1987 Constitution’s Bill of Rights under Article III, Section 1, which states that “No 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.” Moreover, he said the NTC order also violated Article III, Section 4, which states that "No 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," argued Pichay, a Lakas-Christian Muslim Democrats (CMD) stalwart. "The NTC order closing down ABS-CBN should be revoked because it is in clear violation of the Bill of Rights,” he stressed. Pichay on Monday filed House Bill (HB) No.6680 to amend Republic Act (RA) 7925 or the Public Telecommunications Policy Act of 1995, which he said had failed to include public broadcast entities under the list of activities requiring a legislative franchise. On Tuesday, May 5, the NTC issued a cease and desist order on ABS-CBN’s television and radio broadcast operations after its legislative franchise expired a day earlier. As basis for its order, the Commission cited RA 3846, or the Radio Control Act, which mandates that no radio broadcast entity should be allowed to operate without a legislative franchise. But Pichay said RA 7925 under its repealing clause had already superseded the much-earlier issued RA 3846. If, for the sake of argument, RA 3846 is still in effect, then only ABS-CBN’s radio broadcast operations --and not its TV broadcasting-- would have been covered. “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," he said. The House leader noted that even Justice Secretary Menardo Guevara had pointed out the gaps in the existing laws, which HB No.6680 intends to address. Guevara opined that the NTC had valid grounds to issue a temporary operating permit to ABS-CBN, until Congress can renew its legislative franchise. “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," Pichay said.