Abella, Ma. Kiana M.

Administrative Law
2F Atty. Randolph Pascasio
A. Election Law
1. No, according to the case of Lico v Comelec the Supreme Court held that when the
Comelec stepped in on intra-party issues such as the expulsion of a member. The
jurisdiction of intra-party matters is vested in the HRET exclusively. Thus, the Comelec
was not correct in granting the petition of Sa Ating Koop from removing Loco from
their party-list.
2. Yes, according to the case of Lico v Comelec as well it is beyond the jurisdiction of the
Comelec to oust a member of the House of Representatives. Section 17, Article VI of
the 1987 Constitution endows the HRET with jurisdiction to resolve questions on the
qualifications of members of Congress. In the case of party-list representatives, the
HRET acquires jurisdiction over a disqualification case upon proclamation of the
winning party-list group, oath of the nominee, and assumption of office as member of
the House of Representatives. Hence, in the present case the Comelec is correct in
denying the petition of Sa Ating Koop from removing Loco from the House of
Representatives.

B. Administrative Law and Law on Public Officers

1. No, in the case of ACWS v NTC it was ruled that the NTC cannot grant a provisional
permit to a broadcaster that no longer has a franchise. In case of television and
broadcasting Congress alone can grant the legislative franchise and it shall be regulated
by the NTC. Hence, in the present case the NTC cannot grant a provisional permit to
ABS-CBN.
2. Yes, according to RA 1084 the NTC is an attached agency of the DICT which is under
the executive branch. The president is also the one who appoints the Commissioner
which heads the NTC. Hence, in the present case and in that sense the President does
exercise control over the NTC.
3. No, Rule 43 of the Rules of Court states that appeals from quasi-judicial agencies like
the NTC should be elevated to the Court of Appeals and not the Supreme Court.
According to the Constitution a franchise is a privilege it is not a right and only the
Congress has the capacity to grant that privilege. Hence, in this case ABS-CBN cannot
go directly to the Supreme Court because the Court of Appeals is the proper court.
4. Yes, Cong. Mike Defensor recently filed House Resolution 846 that seeks to investigate
if there was an alleged “conspiracy” between the NTC commissioner and Solicitor
General to close down ABS-CBN because it violates the Anti-Graft and Corruption
Practices Act, the Code of Conduct and Ethical Standards for Public Officials and
Employees. The said public officials can also be held liable for perjury under Article
183 of the Revised Penal Code. Hence, Solicitor General Calida may be held liable for
intruding in the decision making of the NTC.