Name: Jervil Abegail C. Alferez Yr.

and Course: JD-1

Subject: Legal Research and Writing Date: November 6, 2020

Alferez Law Office

Paglaum, Dumalinao
Zamboanga Del Sur
November 6, 2020

Miss Analyn Boltiador

Urro Street, Santa Maria District,
Pagadian City
Re: Supreme Court’s Dismissal of the petition of ABS-CBN to broadcast.
Dear Miss Boltiador,
This letter intends to give opinion about the Supreme Court’s ruling on the
petition of ABS-CBN to broadcast while legislative deliberations on the renewal of
franchise (Expired on May 4, 2020) are still ongoing. Herein three issues exist:

1. Whether or not the National Telecommunications Commission (NTC)

by issuing the CDO, encroached upon the plenary and auxiliary power
of the Congress to define and preserve the rights of the franchise
applicant pending final determination of the renewal of the franchise.
2. Whether or not the Congress be discharged as parties to the case.
3. Whether or not ABS-CBN can duly continue to operate if NTC recall
its prior cease and desist order.

First, On issue pertaining to the encroachment of NTC to the auxiliary power of

Congress to determine and preserve the rights of franchise applicant pending final
determination of the renewal of franchise; that NTC should have not ordered the cease
and desist order, the court took a judicial notice that the House of Committee on
Legislative Franchises had adopted the recommendation of the Technical Working
Group (TWG) to “to deny the application of ABS-CBN Corporation for a franchise
renewal to construct, install, establish, operate and maintain radio broadcasting
stations in the Philippines”, hence there is no question as to the encroachment of
NTC because as already established ABS-CBN franchise denial is already pre-emptive
as seen in the 70 affirmative votes from the 85 voting members present.
Second, the petition of ABS-CBN was in directly an opposition to the cease and
desist order of the NTC, and that the Congress are not really the party to the case
considering that the ABS-CBN has not asked any relief against them but only against
NTC for their issuance of CDO.
Third, it is well presented in our law with respect to broadcast industry, Section 1
of Act No. 3846 provides that “no person, firm, company, association, or corporation
shall construct, install, establish, or operate a radio station within Philippine Islands
without having first obtained a franchise therefor from the Philippine Legislature. Hence
even if NTC will recall its cease and desist order, still ABS-CBN will not be fully-
operational if they are not given the franchise to operate taking into consideration the
supervening denial of the bills.
In conclusion, the issue of auxiliary powers of the Congress to protect the
franchise applicant pending the approval of its franchise renewal can no longer be
invoke by ABS-CBN since it has already been considered moot, meaning it is
unnecessary to expand a case when it ceases to present a justifiable controversy, and
that there can be no actual relief which ABS-CBN would be entitled to. Thus, petition
was denied Miss Boltiador.

Sincerely Yours,
JERVIL ABEGAIL C. ALFEREZ
Name: Jervil Abegail C. Alferez Yr. and Course: JD-1
Subject: Legal Research and Writing Date: November 6, 2020

Legal Counsel