MANILA, Philippines — The Department of Justiceis set to decline the National Telecommunications Commission’s request for an opinion on whether ABS-CBN can legally operate after its franchise expires in May.
This, hours after Justice Secretary Menardo Guevarra told the Senate that Congress, through a joint resolution, could direct the NTC to provide provisional authority to operate pending bills on its franchise renewal before the Congress.
Related Stories
READ: Guevarra: Congress may direct NTC to give ABS-CBN provisional authority to operate
In a chance interview with reporters at the Senate, Guevarra said that the Justice department will not issue a legal opinion because it involves ABS-CBN, a private entity.
“Our legal opinion will not be binding on a private company who may actually go to court to have the matter resolved,” he said.
He added that the subject matter is speculative because it is still not certain whether the network’s franchise will expire without action from the Congress.
He earlier said that ABS-CBN’s 25-year legislative franchise will expire on May 4, and not March 30 as previously reported and widely believed.
Guevarra was at the Senate as a resource speaker on the hearing into the network’s franchise renewal and its supposed violations.
Facing the panel, Guevarra shared that the DOJ’s opinion on whether ABS-CBN or any entity whose franchise has expired while bills for its renewal are pending before the Congress is that “the Congress, by a concurrent resolution, may authorize the [NTC] to issue a provisional authority” to the network “authorizing them to continue operating subject to Congress’ eventual disposition of their renewal of application.”
What will happen to the NTC without the legal opinion?
During the hearing, NTC Commissioner Gamaliel Cordoba told senators that the DOJ’s legal opinion on the provisional franchise of the network would take precedence over any complaint that may be filed by the Office of the Solicitor General.
"There is a department order before that the opinion of the secretary of justice would take precedence. This means that they can render a legal opinion, and not the Office of the Solicitor General,” Cordoba said.
Solicitor General Jose Calida has asked the Supreme Court to revoke the franchise of ABS-CBN, accusing the network of violations its own franchise law.
Sen. Sherwin Gatchalian, in Filipino, pressed: “This means that even if the Solgen files a complaint before the NTC, a quasi-judicial body, and says that ABS-CBN has no legal basis to operate, you will not give credence to the complaint of the OSG?”
Cordoba replied: “Based on our discussion with the Secretary of Justice, it looks like we will not.”
But since the DOJ will not issue a legal opinion on the matter, on what legal basis will the NTC ground its probable ruling—should the franchise does expire on May 4, without Congress action?
Guevarra told reporters: “Even when we decline to render formal legal opinions, we nevertheless state something in our reply for the guidance of the requesting party.”