SC dismisses quo warranto petition vs ABS-CBN

MANILA, Philippines — The Supreme Court (SC) dismissed yesterday the quo warranto petition filed by Solicitor General Jose Calida against broadcast giant ABS-CBN Corp. as the franchise in question already expired on May 4.

According to SC spokesman Brian Keith Hosaka, the high court junked Calida’s request to revoke ABS-CBN’s franchise for being moot.

However, Hosaka said the SC has yet to issue a resolution on the case filed by Calida against ABS-CBN Convergence even if its franchise expired on March 17.

“The complaint against ABS-CBN Convergence remains pending,” Hosaka said.

Calida filed the quo warranto petition on Feb. 10, alleging that ABS-CBN Corp. and Convergence violated the conditions set by Congress when it granted a 25-year franchise for the network to broadcast its content on television and radio.

The network went off the air on May 5 after the National Telecommunications Commission (NTC) issued a cease and desist order against ABS-CBN.

In his petition, Calida alleged that ABS-CBN violated Article 16, Section 11 of the Constitution that limits ownership of mass media to Filipinos.

He said the network has allowed foreign investors to take part in the ownership of a Philippine mass media entity through the issuance of Philippine depositary receipts.

The government’s top counsel also said the network launched and operated a pay-per view channel by subscribing to TV Plus and KBO Channel without permit from the NTC.

Palace respects SC decision

Malacañang said it respects the SC decision on ABS-CBN’s case.

“We respect the decision of the high court, a separate and co-equal branch of government, on the quo warranto petition filed against the network,” presidential spokesman Harry Roque said yesterday.

Roque said it is up to the solicitor general as the petitioner to decide on his next legal steps.

He said the Palace also leaves it to Congress to decide on the franchise renewal of ABS-CBN. Christina Mendez