MANILA, Philippines — Justice Secretary Menardo Guevarra and presidential spokesperson Harry Roque are at odds on whether the president can overturn the National Telecommunications Commission cease and desist order against ABS-CBN.
In an interview with CNN Philippines’ The Source, Guevarra said President Rodrigo Duterte as chief executive can “modify, amend, recall, revoke any order or decision” rendered by its subordinates.
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The NTC is a quasi-judicial body under the Department of Information and Communications Technology.
In an interview with ANC, Roque however said that president cannot reverse the NTC order since DICT, an agency part of the executive branch, cannot dictate over NTC, a quasi-judicial body.
If the DICT or the president would dictate over the regulatory body, it “would be a form of graft and a violation of code of ethics,” Roque added.
The presidential spokesperson added: “If he could, the president could already have intervened with the issue.”
But it may be “useless” to discuss Duterte’s powers as chief executive over ABS-CBN’s shutdown, Guevarra pointed out, because the president “said that he will not interfere with orders of the NTC.”
Guevarra: NTC order under regulatory powers
Guevarra in a text message to reporters explained that the NTC’s order was carried under its regulatory powers.
“When I say that the president as chief executive has control over all agencies under the executive department, I am saying that as a general proposition but do not mean that NTC decisions are appealable to the Office of the President,” he explained.
He earlier said that the network may subject the order to a judicial review before the regional trial courts or the Court of Appeals.
There is no word yet on where the ABS-CBN will appeal their case.
RELATED: ABS-CBN's Channel 2 went off air but other operations can still be accessed
Roque: Duterte is ‘neutral’
ABS-CBN has, for years, been at the bitter end of Duterte’s tongue lashing for its supposedly biased coverage against the government and “swindling” him for not airing his campaign material. He told the network in a speech December 2019 that he would block the renewal of its franchise and that ABS-CBN may be better off it would sold off.
But it appears it may be water under the bridge now because Duterte had accepted ABS-CBN’s apology months back, Roque stressed in the same TV interview.
Roque said he spoke with Duterte on Tuesday night and the president “is really neutral.”
The president also wanted his allies to know that “he will not hold it against them and he will not endear him either way.”
“Do not think that he is engaging in doublespeak. He really is neutral, vote as you please,” he said.
There are at least 11 proposed measures stuck at the legislative mill of the House of Representatives where franchise bills emanate.
After the NTC order was issued, the House legislative franchise committee said it would summon the Commission's officials.
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