'Where is justice?' Former DICT chief Rodolfo Salalima condemns NTC's cease and desist order against ABS-CBN, saying the company was not given due process therefore it is considered void. ABSCBNfranchise
MANILA -- The National Telecommunications Commission's closure order against ABS-CBN has no force of the law as it was void from the very beginning, a former Duterte administration official said Sunday night.
The last day of ABS-CBN Corporation's franchise fell on May 4, a day before the NTC issued the cease and desist order. The Ang Tibay case Salalima cited is a landmark case on procedural due process in administrative proceedings which requires the following:-decision must have basis-decision must be rendered based on evidence presented during the hearing or contained in the record and disclosed to the parties-decision must be rendered in a way that all parties can know various issued involved and the reasons for the...
Salalima said that while a franchise is a privilege granted by the State, there are situations when it becomes a vested right. The Supreme Court, in that case, voided a Department of Justice opinion allowing a broadcast company to operate without a legislative franchise."The particularities in and the uniqueness/novelty of ABS-CBN’s factual situation are not identical to those in the case of Associated Communications. Blind idolatry to judicial precedents, as when the salient facts obtaining in two cases are not identical, must not be countenanced," he said.
"For Congressional non-action, public service and freedom of expression were thus sacrificed via a void legal technicality - - the void ab initio Cease and Desist Order of the NTC dated May 5 2020. Non-action is the worst form of delay. Because it leaves the aggrieved without clear and speedy recourse. So unfortunate and sad, particularly in these dark hellish nights of COVID…AND HERE I RAGE AGAINST THE DYING OF THE LIGHT," he added.
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