Gadon withdraws prohibition petition vs. Cayetano, NTC

By JOHN CARLO M. CAHINHINAN

Lawyer Larry Gadon has withdrawn his prohibition petition case filed before the Supreme Court against House Speaker Alan Peter Cayetano and officials of the National Telecommunications Commission (NTC) from issuing provisional authority to operate to embattled network giant ABS-CBN.

In a statement, Gadon said he decided not to pursue anymore the prohibition case against Cayetano and NTC following the latter’s issuance of a cease and desist order against the Kapamilya network last May 5, a day after its congressional franchise under Republic Act No. 7966 had expired.

The defeated 2019 senatorial candidate last March 5 asked the high tribunal to prevent Cayetano and NTC from implementing the Notice of Extension on the permit of the embattled media conglomerate after expiration of its franchise while its application for a new franchise is still pending before the House of Representatives.

Gadon stressed that with latest NTC order and the decision of Cayetano to pullout his sponsorship of a bill seeking to grant ABS-CBN a six-month provisional authority to operate until October 31, 2020, he believed that his petition “has been rendered moot and academic.”

“I filed a motion to withdraw the case… the motion to withdraw and to dismiss the case was filed on May 20,” said Gadon.

He stressed that its dismissal “is a mere formality” since he being the petitioner has already withdrawn case.

“The acts sought to be prevented no longer exists. Hence dismissal of late has no more effect,” said Gadon.

The NTC on Monday defended its controversial move after issuing a cease and desist order against ABS-CBN following the expiration of its legislative franchise last month.

In his explanation why the Lower House shouldn’t put him into contempt, NTC Commissioner Gamaliel Cordoba told members of the House committee on legislative franchises that although he respects Congress as an institution, he “cannot supplant” the mandate of body or preempt legislative actions by issuing a provisional authority for the Kapamilya network to operate after its congressional franchise under Republic Act No. 7966 expired last May 4.

“It cannot substitute wisdom for that of the legislature in the absence of legislation,” said Cordoba.

Cordoba last February has committed to Alvarez’s panel to issue a provisional authority to the Kapamilya network while Congress continues to hear pending legislations that seek to grant a 25-year legislative franchise to the broadcast giant.

But the NTC last May 5 shocked the public after its officials unanimously voted in favor of issuing a cease and desist order against the Lopez firm.

“Trabaho lang po ang aming isinagawa alinsunod sa mandato ng aming ahensya na naaayon sa batas, at walang bahid o intensyon na makasakit ng damin o di kaya’y mag-abuso sa kahit kanino man,” said Cordoba as he later apologized to Alvarez and other members of the franchise panel.

Source: Latest Politics News Today (Politics.com.ph)