By Jeffrey Damicog Solicitor General Jose Calida on Tuesday assured that he is not meddling with Congress when he advised the National Telecommunications Commission (NTC) not to grant ABS-CBN provisional authority that will allow the network to broadcast while the renewal of its legislative franchise remains pending. Solicitor General
Jose Calida
(Czar Dancel / MANILA BULLETIN) The Office of the Solicitor General (OSG) pointed this out after House Speaker Alan Peter Cayetano hit Calida’s April 30 advisory letter to the NTC for having “unconstitutionally meddled in the exclusive powers of Congress” and for choosing “to remain silent for close to two months, and on the eve of the opening of Congress, come out with threats to NTC.” “The actions of the Solicitor General show that he is not at loggerheads with Congress,” the OSG said in a statement. “In his letter dated April 30, 2020, the Solicitor General warned the National Telecommunications Commission of its possible encroachment on legislative power if it issues a provisional authority without a law authorizing such action,” said the OSG, explaining that “warning” or “caution” is not equivalent to making threats to the NTC. The OSG also pointed out that the letter, and even its subsequent press releases, never even named Cayetano and any congressman. “The April 30, 2020 letter merely formalized the legal advice verbally given to NTC officials before that date regarding the expiration of the media firm’s franchise,” said the OSG. The OSG also defended Calida’s decision not to inform Congress about the April 30 advisory letter. “The Solicitor General could not have notified Congress of his April 30, 2020 letter to NTC without being required to do so, the letter being part of lawyer-client communication,” the OSG explained. “Actually, the Solicitor General acted with circumspection because voicing out his concerns to Congress without being requested by it would have constituted meddling in its affairs, apart from the fact that the issues he is raising are sub judice,” added the OSG. It said that Calida has a pending quo warranto petition before the Supreme Court (SC) that seeks to nullify the media giant’s old franchise due to alleged violations. The OSG also pointed out there is “no rule requiring the Solicitor General to give notice to a different branch of government of an internal communication intended for a client in the executive branch.” “There is no reason for the Solicitor General to pick up a fight with Congress. In fact, he agrees with Speaker Cayetano on the need to conduct an impartial, fair, and thorough investigation to ventilate all issues for or against the renewal of ABS-CBN’s franchise,” the OSG stressed. “The grant of a legislative franchise is imbued with public interest. It cannot be haphazardly issued. Thus, to issue a provisional franchise to allow ABS-CBN to continue its broadcasting operations without conducting a hearing would amount to Congress acting speedily for the sake of acting speedily, which is a disservice to the Filipino people,” it said. The OSG also defended Calida’s decision to turn down the invitation to the Senate’s May 19 hearing concerning ABS-CBN since it is subject to the SC gag order or sub judice due to his pending quo warranto petition. “Thus, these bring the case under the sub judice rule which prohibits the Solicitor General as petitioner and officer of the court from sharing his views and commenting on the merits of the said case to maintain ‘the dignity and authority of the court” in the administration of impartial justice’,” the OSG explained.