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SC junks ABS-CBN petitions vs 'cease' order for being moot

Kristine Joy Patag - Philstar.com
SC junks ABS-CBN petitions vs 'cease' order for being moot
ABS-CBN flashed this message before they went off air on May 5.
Screengrab from ABS-CBN News Youtube channel

MANILA, Philippines — The Supreme Court dismissed ABS-CBN Corp.’s petition against the National Telecommunications Commission’s May 5 order that forced the network shut, a first since the Marcos dictatorship.

SC spokesperson Brian Hosaka said justices voted unanimously to junk the media giant’s Petition for Certiorari and Prohibition it filed in May 7 on ground of mootness.

“According to the Court, in light of the supervening denial of the pending House bills for the renewal of ABS-CBN Corportation’s legislative franchise on July 10, 2020, the Court finds it appropriate to dismiss the case on the ground of mootness,” Hosaka told reporters.

“Because of this supervening event, there is no actual substantial relief which ABS-CBN Corporation would be entitled to regardless of the Court’s disposition of the merits of the petition,” he added.

Hosaka said Associate Priscilla Baltazar-Padilla took no part in the voting since she was on leave. Senior Associate Justice Estela Perlas-Bernabe was the member-in-charge of the case.

ABS-CBN can still file a motion for reconsideration, but they would be appealing to a court that was unanimous in dismissing their plea.

ABS-CBN filed the petition on May 7

Two days after ABS-CBN went off air, the media giant filed a petition for certiorari before the SC and asked for the issuance of a temporary restraining order. The network was operating on a theory that if a halt order was issued against the implementation of the CDO, it could resume broadcasting.

The media network was slapped with another CDO after running to the Supreme Court. 

On June 30, the NTC ordered Sky Cable Corp.’s Direct broadcast, an ABS-CBN affiliate, and the network’s digital terrestrial television in Metro Manila, which covers the TVPlus service to go off air, to halt operations.

The network also lost its bid for a fresh 25-year franchise after 70 lawmakers from a panel of the House of Representatives threw out the bills for its franchise renewal on July 10.

ABS-CBN has since started letting go of their employees and closing down some of its departments, including its radio stations, regional stations and Sports+ Action division amid a raging COVID-19 pandemic and economic recession.

The network announced last month that it would boost investment on other business such as international licensing and distribution, digital and cable segments as well as content syndication on various streaming platforms.

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ABS-CBN CORP.

ABS-CBN FRANCHISE

SUPREME COURT

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