A PETITION was filed on Thursday before the Supreme Court seeking to enjoin the National Telecommunications Commission (NTC) from issuing a provisional authority to media giant ABS-CBN.

In his petition, lawyer Larry Gadon argued that respondents House Speaker Alan Cayetano and House Committee Palawan Rep. Franz Alvarez violated the principle of separation of powers when they directed the NTC, which is under the Executive branch, to issue a provisional authority to ABS-CBN pending the renewal of its franchise which is set to expire this coming May.

Gadon, through his lawyer Al Vitangcol, said while waiting for the SC’s resolution on the 20-page petition for prohibition, he asked the SC to issue a TRO against NTC Chairman Gamaliel Cordoba to restrict him from complying with the order issued by Cayetano and House Committee on Legislative Franchise chaired by Alvarez.

Gadon also asked the High Court to issue a writ of prohibition that would direct Cayetano and Alvarez to recall their February 26 letter to Cordoba asking the latter to issue a provisional authority. Such would have reportedly allowed ABS-CBN to operate effective from May 4 until such time that the House of Representatives has made a decision on its application for Legislative Franchise.

Last Wednesday, the House leadership announced that it would take up the 11 bills renewing ABS-CBN’s franchise on March 10, a day before Congress adjourns for Lent.

“The NTC cannot usurp the power of Congress to grant or extend ABS-CBN’s Legislative Franchise. It is only Congress, which can extend ABS-CBN’s franchise. This power cannot be passed on or delegated to an administrative agency, such as NTC, under the Executive branch,” Gadon argued.

The lawyer explained that under Article XII of the Constitution, Congress is tasked to grant, amend or repeal public franchises, such as radio, television and communications broadcasting systems. While the NTC’s functions are merely regulatory and supervisory.

“The supposed authority of the NTC to extend an existing broadcast franchise, or to issue a provisional permit to operate sans a valid franchise, is nowhere in the said mandate,” Gadon said.

The letter sent by the two legislators to Cordoba to grant a provisional authority to the network, according to Gadon, “is tantamount to extending the franchise of ABS-CBN, through an undue delegation of powers.”