PRO HAC VICE RULING FOR ABS-CBN
In the two-part series these past two weeks, we discussed about the battles that ABS-CBN is fighting, in Congress and in the Supreme Court. The moment the leadership of the House of Representatives, led by House Speaker Allan Peter Cayetano, withdrew its sponsorship and consideration of House Bill No. 6732, which gives the network a provisional franchise until 31 October 2020, the network already lost half of the battle in Congress. In contrast to a railroaded provisional franchise, the hearings in the Committee on Legislative Franchise may take some time to finish and vote upon.
Recently, in a guesting of the Presidential Spokesman, Hon. Harry Roque, in the television show of Willie Revillame, Roque was throwing banters at Revillame about the shutdown of ABS-CBN. It was a clear indication and signal that the Administration is not neutral on the issue after all. Hence, the members of Congress, including House Speaker Cayetano who clearly made a complete turn-around after receiving backlash from Diehard Duterte Supporters or DDS after sponsoring House Bill No. 6732, will be taking cue from the Palace or will just delay and dribble the hearings both in the committee and plenary levels.
The only institution which can save the network from oblivion is the Supreme Court. While the Court cannot give a franchise to the network, it can serve as Defibrillator which can save the network from its ultimate demise. My fearless forecast is that the Supreme Court will render a pro hac vice ruling. A pro hac vice ruling is a decision of the Court wherein it does not create a precedent and is solely for the case at bar or matter in consideration owing to the peculiar circumstances and nature of the case. This is because the ruling of the Supreme Court, otherwise known as jurisprudence, becomes part of the law of the land generally.
What makes the case of ABS-CBN peculiar is that it is the largest network in the country whose franchise renewal applications were filed years prior but were not heard by Congress. Moreover, the National Telecommunications Commission (NTC) reneged a promise to grant the network a provisional authority following a House Resolution urging the NTC to grant the network one pending the hearing of the franchise renewal measures. The NTC issued a Cease and Desist Order (CDO) even without a hearing which the network claims to be a violation of its constitutional right to due process.
It will not be surprising if the Supreme Court will render a ruling which borders to judicial legislation. This is an instance wherein the decision of the Court will be based on equitable grounds to fill-up the gaps in the law, either under the Constitution or the statutes. The basis for this fearless forecast is the fact that the Court impleaded the House of Representatives and the Senate as parties even if these institutions did not file a petition or motion to intervene. Hence, when the Court did so, it appears that it will not merely look into the issue of the validity of NTC’s CDO but also why the network’s right to due process was violated when its franchise renewal applications were not heard and considered upon for a very long period of time. While the said discretion falls within the province and prerogative of the legislature, the Court may rule that the said authority and prerogative does not allow injustice by inaction.
A pro hac vice ruling in favor of ABS-CBN will most likely allow the network to operate back directing the NTC to grant a provisional authority which it promised to the network. The Supreme Court will cite the various instances wherein the agency granted a provisional authority pending renewal of a franchise. In impleading both houses of Congress, the ruling of the Court will be akin to a mandamus which will direct the legislature to consider and hear the franchise renewal measures of ABS-CBN. A remedy of mandamus directs a tribunal to act on a matter but does not command how it will act. While the House of Representatives and the Senate will be directed to consider and hear these measures seeking for the renewal of the network’s franchise, the decision whether to grant a new franchise lies with the legislative branch of Government.