Ex-chief justice says quo warranto vs ABS-CBN franchise should be junked

MANILA, Philippines — A former chief justice said that Solicitor General Jose Calida’s quo warranto petition questioning the franchise of ABS-CBN should be dismissed as other government commissions may look into and rule on the network's supposed violations.

Former Chief Justice Artemio Panganiban pointed out that Calida raised factual issues in his petition against the media giant and that the supposed violations of the network were done after the franchise was granted.

Asked if the petition should be dismissed, Pangiban told ANC’s Headstart: “In my humble opinion, yes—not only because it is the improper remedy but also because there are many issues of facts that have been brought up.”

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The former chief justice added: “[N]obody questions the validity of its franchise, nobody said it was not qualified from the very beginning. The defects being cited by [Solicitor General] Calida happened after the franchise has been awarded.”

He noted that this quo warranto against ABS-CBN is different from Calida’s petition questioning the legality of former Chief Justice Maria Lourdes Sereno’s appointment as top judge. He accused Sereno of failing the "integrity test" of the chief justice position for her non-filing of Statements of Assets, Liabilities and Net Worth before her assumption to the SC.

In May 2018, the SC voted 8-6 and declared Sereno’s appointment as “void from the beginning” due to her non-filing of wealth declaration documents, which are requirements for application at the high court.

“In the case of [Sereno], the decision said that the defect in her appointment was pre-existing prior to her appointment,” Panganiban said.

Calida, meanwhile, accused ABS-CBN of violating franchise laws such as foreign ownership, illegal operations of pay-per-view Kapamilyo Box Office channel and ABS-CBN Convergence’s illegal use of franchise of Multi-Media Telephony.

Quo warranto not the legal remedy for supposed violations

Panganiban also said that there are other venues that are better suited to look into the allegations against ABS-CBN.

The former chief justice said that the Congress may look into the supposed violations of the network. “Congress will say we will revoke your franchise because you have violated the terms of the franchise,” he explained.

He also said that administrative agencies such as the National Telecommunications Commission, Securities and Exchange Commission or the Philippine Competition Commission may look into Calida’s ABS-CBN’s case.

Panganiban said that the SEC may look into whether that ABS-CBN’s use of Philippine Depositary Receipts violates the Constitution or the NTC can say that the operation of KBO is illegal.

The SC will tackle Calida’s quo warranto petition and motion for the issuance of gag order on March 10.

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