(Eagle News) — ABS-CBN’s petition for certiorari and prohibition is improper because the National Telecommunications Commission’s issuance of a cease and desist order stopping several of its radio and television operations was merely an administrative act, the NTC said.
In its comment to ABS-CBN’s petition for certiorari and prohibition against the shutdown order, the commission added that the filing of the ABS-CBN petition was not the proper recourse since such a petition is available under Rule 65 of the Rules of Court if there is “no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law..”
According to the NTC, ABS-CBN had precisely that in the form of a motion for reconsideration with the commission, a quasi-judicial body, under Section 2 , Rule 13, Part IV of the 2006 NTC Rules of Practice and Procedure.
“The petition is premature, apart from violating the doctrines of exhaustion of administrative remedies and primary jurisdiction,” the NTC said.
Assuming ABS-CBN resorted to the proper remedy, the NTC said the media company “nevertheless violated the doctrine of hierarchy of courts” since a “direct invocation” of the Supreme Court’s original jurisdiction to issue “extraordinary writs” is only allowed when there are “serious and important reasons” set out in the petition.
The NTC said in the case of ABS-CBN’s petition, the issues raised “are not of transcendental importance.”
The NTC said the Supreme Court considers an issue of transcendental importance based on the following guidelines: the character of the funds or other assets involved in the case; the presence of a clear case of disregard of constitutional or statutory prohibition by the public respondent agency or instrumentality of government; and the lack of any other party with a more direct and specific interest in the questions being raised.
“These instances are glaringly absent in the present case. Public funds are not involved. There is no showing that a constitutional or statutory prohibition was breached by the NTC in issuing the assailed CDO,” the NTC said.
The NTC said absent the “issues of transcendental importance,” parties are enjoined, as a rule, to file their petitions before the lowest court with jurisdiction.
ABS-CBN’s franchise expired on May 4.
A day after, May 5, the NTC shunned giving ABS-CBN a provisional authority to operate, and instead issued the CDO.
This was after Solicitor General Jose Calida, who acts as NTC’s counsel, said there was nothing in the law that said a provisional authority to operate could be granted absent an existing franchise.
He had said the Constitution gives Congress the exclusive power to grant franchises to public utilities, such as broadcasting companies.
