Republic of the Philippines

Aklan State University

Banga,Aklan

AKLAN STATE UNIVERSITY

Complainant, ASU ADM. CASE NO.
-versus- 2021-00767

ELIGIUS V. SALMORIN
Respondent.

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DECISION

This resolves the case initiated by the commission against

respondent to Eligius Salmorin for the recall of all frequencies assigned
to it due to lack of a franchise.

Republic Act No. 7966, otherwise known as "for Act Granting to

Eligius Salmorin a Franchise to Operate and Maintain in University and
for other Purposes' was enacted on 14 June 2014 with a term of six (6)
years from its effectivity. Section 15 of RA 7966 provides that the law
shall be effective fifteen (15) days from its date of publication. RA 7966
was duly published on 20 June 2014 and became effective fifteen (15)
days therefrom on 30 June 2014, and therefore expired on 30 June
2O21.

Upon the expiration of Respondent's legislative franchise under

RA 7966 on 30 June 2021, the commission issued an order directing
Respondent to cease and desist from operating as organization and
students
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ADM. CASE NO. 2021-O0767
DECISION

The respondents to explain in writing why the frequencies assigned to it

should not be recalled for lack of legislative franchise.

On 8 May 2021, the Commission was served a copy of the Petition for
and Prohibition (With Urgent Applications for the Issuance of a Temporary
Restraining Order and or a Writ of Preliminary Injunction) filed by Respondent
before the Office Students Affairs to nullify

the Cease and Desist Order ("CDO") issued by this Commission “

Committee” in this case.

On July 17 2O2O, Respondent filed its Verified Answer and

Compliance ("Answer") to the 30 June 2O2O Order of the Commission.
Respondent maintained that its assigned frequencies should not be
recalled

I G.R. No. 252119.

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ADM. CASE NO. 2021-00767
DECISION

a. The recall of Respondent's assigned frequencies may only be done

after hearing and compliance with the requisite due process.

b. On 30 June 2O2O, the Commission issued an Order (Alias Cease and

Desist Order) directing Respondent to cease and desist from
operations

c. On 15 July 2O21, the Committee on Legislative Franchises and

Program courses in Information Technology, resolved to deny
Respondent's application for a legislative franchise transferring new
courses

d. On 03 August 2O2O, the Commission, pursuant to Section 2, Rule

clarificatory Hearing on 15 July 2021, and directing Respondent
to submit its Verified Position Paper on whether the denial of its franchise
application by the House Committee on Legislative Franchises has rendered
the instant case, particularly the remaining issue of the recall of assigned
frequencies, moot.

On the scheduled Clarificatory Hearing, Respondent filed a

Manifestation in lieu of a Verified Position Paper, alleging that:

On 15 July 2021 the co author hs res no 6052 one of the bills for the renewal of Eligius
Salmorin legislative franchises and hs res no 639 which is urged a to the committee
reaction about the lighted portion of the bill for the renewal of it front of the committee
on legislative franchises submit to resolution to Eligius Salmorin franchise application
and the report of the technical working group which recommend the denial to the
committee for rafication and decide on the issue. xxx Eligius Salmorin respectfully
leaves the disposition of the instant case to the sound discretion of the Honourable
Commission
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ADM. CASE NO. 2021-00767
DECISION

as a consequence of the denial of Respondent's franchise and transferring application

by the Information Technology Program Department.

We now resolve.

Respondent has no valid franchise to continue operating on whole

campuses and accepting in any programs courses.

Due the Student Handbook otherwise known as "Providing for the

Regulation University in whole province and for Other Purposes" (University
Control Law), as amended, provides that:

A student is allowed by the Dean to shift his/her course if in the option of the Dean,
the student is not academically fitted to the course.

A franchise is a legislative authority within the exclusive domain of the

Committee , and as stated above, the Committee had already denied
Respondent's application for legislative franchise on 16 July 2O21.
Moreover, the Office Student Affairs affirmed the full authority of
Committee over the grant of a legislative franchise when it resolved to
dismiss Respondent's petition for being moot.

Indubitably, the denial of Respondent's franchise renewal application

by Committee, coupled with the denial of Respondent's Petition by the Office
of Student Affairs, lead to no other conclusion except that
Respondent had already lost the privilege of installing, and
maintaining in whole university.

Consequentially, absent a valid legislative franchise, the recall of

the frequencies assigned to Respondent is warranted.
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ADM. CASE NO. 2021-OO767
DECISION

WHEREFORE, absent a valid legislative franchise, the Committee

hereby renders judgment as follows:

1. ALL assigned frequencies assigned to Eligius Salmorin are hereby

RECALLED:
CASE NO. CALL-SIGN FREQUENCY LOCATION
87-006 DWWX 2 Banga, Aklan
81-067 DWRR 23 Andagao, Kalibo Aklan
90-058 DWAC 43 New Washington, Aklan
90-062 DWAB 9 Makato, Aklan
95-372 DWRV 2 Ibajay, Aklan
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ADM. CASE NO. 2021-OO767
DECISION

2. ALL PROVISIONAL AUTHORITIES/CERTIFICATES OF PUBLIC

CONVENIENCE granted to Eligius Salmorin pursuant to RA 7966
are hereby REVOKED/CANCELLED. In addition, Respondent's
pending applications/petitions before
the Commission are hereby DISMISSED/DENIED.

SO ORDERED July 16 2021

Banga Aklan,

Dennis M. Barrios II
Program Chair Information Technology

Marlyn J. Baylosis Luchelyn A. Beltran

Office Student Affairs Coordinator Office Student Affairs Director