The legislator seeks the intervention of the House in the ABS-CBN petition vs. NTC order



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MANILA, Philippines – A lawmaker is asking the House of Representatives to “intervene” in the petition filed by media giant ABS-CBN challenging the cease and desist order issued by the National Telecommunications Commission that halted operations. transmission network.

The representative of the Ako Bicol party list, Alfredo Garbin Jr., member of the Chamber’s legislative franchise committee, said the measure seeks “to protect the interests of the Chamber and fulfill its constitutional mandate.”

“Therefore, to protect the interest of the House and fulfill its constitutional mandate, it is best for the House and / or the Committee on Legislative Franchises to intervene in the ABS-CBN Petition while the committee is deliberating on the Franchise, Garbin said it’s a statement.

“Intervention is a legal procedure by which the court allows a third party to become a party to a pending action after complying with the conditions and requirements established by the Rules of the Court,” he added.

On May 7, 2020, ABS-CBN filed a petition requesting the Supreme Court to temporarily stop the implementation of the cease and desist order issued by the NTC.

ABS-CBN petitioned the higher court to overturn the NTC order and issue a permanent court order against its implementation, saying the regulatory body committed a serious abuse of discretion when it issued the controversial order to stop the broadcast after its franchise expired.

Garbin, a lawyer, said the lower house or the Committee on Legislative Franchises can “adequately intervene” in the petition for three reasons.

  • the Chamber has a legal interest in the outcome of the Petition;
  • the intervention will not delay or unduly harm the right of the original parts of the case;
  • the interests of the House in the case may not be fully protected in a separate procedure

“With respect to the Chamber, the Order (cease and desist from the order) in itself casts the Chamber’s exclusive constitutional power to grant, extend, deny or revoke franchises,” Garbin said.

On May 5, the NTC issued a cease and desist order against ABS-CBN ordering the network to stop operating its radio and television broadcast stations across the country “in the absence of a valid franchise from Congress required by the law”.

The ABS-CBN franchise expired on May 4, 2020.

House Speaker Alan Peter Cayetano criticized the NTC measure, especially after the commission assured at a hearing in March that it would issue provisional authority to operate ABS-CBN while bills seeking the renewal of its franchise are still pending before the lower house.

GSG



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