DOJ to deny NTC request for legal advice on ABS-CBN

FILE: Menardo Guevarra in Malacañang  TOTO LOZANO/PRESIDENTIAL PHOTO

MANILA – The Department of Justice (DOJ) would be declining the National Telecommunications Commission’s (NTC) request for its legal opinion regarding the continued operations of ABS-CBN Corporation pending the renewal of its franchise in Congress, Justice Secretary Menardo Guevarra said Monday.

In an ambush interview, Guevarra said the legal opinions of the DOJ are only sought by national agencies “in connection with their official work”.

“But if there is a private individual, private company, or private interest involved, like ABS-CBN, we cannot give an opinion because our legal opinion will not be binding on a private company that can actually go to court to have the matter resolved,” he said in the sidelines of the Senate hearing on the network’s supposed franchise violations.

He said another reason why the DOJ will decline to give a legal opinion is that the issue may be “speculative” for the department’s point of view.

“Who knows kung talagang mag e-expire yang franchise ng ABS-CBN (if the franchise of ABS-CBN will actually expire) without Congress acting on it,” Guevarra said, as he noted that that the actual expiration of the network’s franchise is May 4 and not March 30, 2020 as originally believed.

Earlier during the hearing, Guevara pointed out that the date of effectivity of the existing 25-year franchise granted to ABS-CBN on March 30, 1995 shall be 15 days from its publication in at least two newspapers of general publication.

“Since the franchise was published on April 19, 1995, the franchise will expire on May 4, 2020,” he said.

In the same hearing, he told senators that it is the DOJ’s position that the government may grant ABS-CBN Corporation a provisional authority to continue operating pending the renewal of its franchise through a concurrent resolution of Congress.

“Congress, by concurrent resolution, may authorize the NTC to issue a provisional authority subject to such terms and conditions as the NTC may deem fit,” Guevarra said.

NTC Commissioner Gamaliel Cordoba said the regulatory body has deemed it prudent to seek guidance from the DOJ in the case of ABS-CBN because of “serious objections”.

“In this case, there is even a petition for quo warranto filed by the Solicitor General. We deemed it prudent to seek advice from the DOJ,” Cordoba said.