Gag order needed vs ABS-CBN – Calida

MANILA – The Office of the Solicitor General (OSG) insisted there was a need to issue a gag order against parties from discussing in public the quo warranto case filed against television network ABS-CBN.

In a consolidated reply to the Supreme Court, Solicitor General Jose Calida said ABS-CBN’s claim that a gag order will impair the people’s right to information is “overly sweeping if not altogether exaggeration.”

“The exercise of such right is not absolute for it may be so regulated that it shall not be injurious to the equal enjoyment of others having equal rights, nor injurious to the rights of the community or society,” Calida said.

Calida added that what the OSG want is to stop the discussion while the case is pending in court.

He then reiterated his request for an oral argument to defend the OSG position that the network’s franchise must be nullified due to several violations.

Calida also maintained that the quo warranto is allowed under the Rules of Civil Procedure in order to obtain a judicial declaration of the supposed violation committed by the network.

“The issues raised before this Honorable Court do not present political but legal questions which are within its province to resolve,” the Solicitor General said.

He added: “It is respectfully submitted that the Honorable Court’s plenary power embodied in the Constitution clearly gives statutory basis to the Honorable Court’s jurisdiction to hear the present quo warranto petition.”

In his quo warranto petition to the high court, Calida said the OSG uncovered numerous abuses and violations of ABS-CBN Corp. and ABS-CBN Convergence of its legislative franchise.

Calida also said the network violated the constitutional provision against foreign ownership of media entities when it issued the Philippine Depository Receipts to foreigners.

The SC did not make any action on Calida’s quo warranto petition as well as in the gag order motion against the network earlier this week and the high court will tackle the cases during its en banc session on March 10./PN

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