Ayaw madamay! Guevarra won’t give legal opinion on ABS-CBN franchise renewal because Lopezes, Congress not bound to follow
The Department of Justice will not issue a legal opinion on whether ABS-CBN Broadcasting Corp. can be allowed to operate even after its franchise has lapsed on March 2020.
This was revealed by Justice Secretary Menardo Guevarra who said it was pointless to issue an opinion which would not bind a private party (ABS-CBN) or co-equal branch (Congress).
“May mga pagkakataon na hindi nagbibigay ng formal opnion ang DOJ kasi may mga sitwasyon na ‘di talaga nararapat especialy kung may private party involved. Not binding ang opinion ng DOJ kasi ang private party may go to court,” said Guevarra in a radio interview.
“In the case involving the right of a broadcast station, ‘yang mga ganyang bagay belong to legislative. Any opinion we give will be improper because it will have no influence to another branch of government, legislature, it’s not proper and legal,” he added.
This is why Guevarra said he could only give a guideline of how to address this situation to Congress and ABS-CBN.
Since there was a gap in the law, Guevarra said ABS-CBN could operate after its franchise expiration pending its renewal application just like other telecommunication and media franchise that had expired franchises.
“Tingin namin na yan ang pinakamaayos na paraan para masolve ang sitwasyon na ‘yan. This is a situation na may naiipt dahil may kakulangan sa batas,” said Guevarra.
He does not believe that the National Telecommunications Commission would withdraw its provisional authority to ABS-CBN because this would be “arbitrary and discriminatory” because it allowed other similarly situated franchisees to operate without any hitches.