The Office of the Solicitor General (OSG) used the “wrong case” at the “wrong venue” to question ABS-CBN’s franchise, according to a law expert.
This, as Solicitor General Jose Calida on Monday asked the Supreme Court to revoke ABS-CBN’s franchise due to alleged “abuses” — including pay-per-view operation and violation of the constitutional ban against foreign ownership.
Tony La Viña, a lawyer who taught constitutional law at the University of the Philippines, said that the Securities and Exchange Commission (SEC), not the Supreme Court, was the only body that could determine whether ABS-CBN allowed foreign investors to take part in its ownership.
La Viña, who was a former dean of the Ateneo School of Government, added that ABS-CBN’s pay-per-view operations were not covered by the franchise, but rather, permits that were under the jurisdiction of the National Telecommunications Commission (NTC). He also said that the case against ABS-CBN will be dismissed immediately.
ABS-CBN Corp previously said in a statement that it “did not violate the law.”
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