The Quezon City regional trial court (RTC) has denied the plea of NOW Cable, Inc. for a preliminary injunction that would stop the implementation of the cease and desist order (CDO) issued by the National Telecommunications Commission (NTC) in 2021.

In a resolution, RTC Judge Kathleen Rosario D. Dela Cruz-Espinosa ruled that “at this stage of the controversy therefore, inasmuch as plaintiff’s (NOW Cable) right in esse (in actual existence) is not clear and unmistakable, the court could not grant the preliminary injunction prayed for.”

The RTC then reiterated its earlier order for the pre-trial conference on the case on Oct. 11 at 8:30 a.m.

The NTC issued a CDO when NOW Cable’s congressional franchise expired. The firm’s congressional franchise for its Free TV operations had been approved on three readings by the House of Representatives and is pending renewal by Congress.

With the expired franchise, NTC on May 18, 2022 recalled NOW Cable’s assigned frequencies 26.35GHz-27.35GHz including all its channels and provisional authorities.

NTC opposed NOW Cable’s plea for preliminary injunction as it pointed out that the court has no authority to grant the relief under the doctrine of primary jurisdiction, since the grant of a certificate of authority to operate a radio and television broadcasting system, including CATV, is a mandate of NTC’s quasi-judicial functions.

In its resolution that denied the plea for preliminary injunction, the RTC ruled that NOW Cable -- formerly GHT Network, Inc. -- failed to prove its clear and unmistakable right to be protected by a writ of preliminary injunction.

The Court also noted that the existence, due execution and authenticity of the CDO was never questioned by NOW Cable.

It pointed out that NOW Cable’s legislative franchise under Republic Act (RA) No. 8213 requires the need for NTC prior approval for the construction and operation of its station and facilities and the grantee “shall not use any frequency in the radio/television spectrum without having been authorized by the Commission.”

It noted that NOW Cable’s legislative franchise had a term of 25 years which had expired on Sept. 21, 2021.

Invoking the doctrine laid down by the Supreme Court, the RTC said that “when the complainant’s right or title is doubtful or disputed, he does not have a clear legal right and therefore the issuance of injunctive relief is not proper and constitutes grave abuse of discretion.”

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