G.R. No. 252119 , August 25, 2020
ABS-CBN CORPORATION, PETITIONER, VS. NATIONAL TELECOMMUNICATIONS COMMISSION, RESPONDENT.

FACTS

This case involves a Petition filed by ABS-CBN Corporation against the National Telecommunications Commission (NTC). The NTC issued a Cease and Desist Order against ABS-CBN while its franchise renewal application was pending deliberation before the House of Representatives. The Petition raised issues concerning the propriety of that Order. However, during the pendency of the case, the House Committee on Legislative Franchises denied ABS-CBN’s application for franchise renewal, rendering the main Petition moot. The concurring opinion addresses the case despite its mootness, deeming it capable of repetition yet evading review.

ISSUE

The primary issues originally raised in the Petition, as noted in the concurring opinion, were: (1) whether a status quo ante order should have been issued; and (2) whether the NTC gravely abused its discretion in issuing the Cease and Desist Order while Congress was deliberating on the franchise renewal.

RULING

The concurring opinion agrees with the ponencia’s result that the Petition is moot due to the non-renewal of ABS-CBN’s franchise. However, it expresses the view that the case is capable of repetition yet evading review. The opinion states that, had it been necessary to rule on the merits, the author would have voted to issue a status quo ante order and to declare that the NTC committed grave abuse of discretion in issuing the Cease and Desist Order. This conclusion is based on the primordial right to freedom of expression, the vital role of broadcast media (especially during a pandemic), the NTC’s unprecedented action compared to its treatment of other networks with expired franchises, and the surprise it caused the House of Representatives amidst its documented delay in acting on the franchise application. The opinion extensively reviews jurisprudence on the use and application of status quo ante orders to support this position.