Justice Abad Santos concurring in Eastern Broadcasting case: “The closure of the… radio station… without hearing deserves to be condemned in no uncertain terms for it is manifest that due process was not observed…”

News anchor Noli de Castro presses insightful questions on the legal issues behind the sudden NTC shutdown order made without a hearing (May 8, 2020, 6:30am embedded video below. Concurring opinion in the applicable case quoted below the video)

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      Justice Abad Santos concurring in Eastern Broadcasting case: “The closure of the… radio station… without hearing deserves to be condemned in no uncertain terms for it is manifest that due process was not observed…” 

    Concurring Opinion of Justice Abad Santos in Eastern Broadcasting vs. Dans and NTC (where radio station DYRE was summarily shut down by the NTC without a hearing on grounds of “national security”. Afterwards, its application to renew licence was denied on the ground that it had been shut down by the NTC. During the five years that it could not operate, the owners decided to sell. The new owners (Rene Espina and company) filed a motion to withdraw the Supreme Court proceeding. The Supreme Court nevertheless went on to decide the case and ruled that the shutdown of the radio station without a hearing was unconstitutional and illegal for violating the right to due process of petitioner radio station. The decision was unanimous. )

       Justice Abad Santos concurring  in Eastern Broadcating vs. Dans and NTC:
“The petitioner (new owners -blog admin) has filed a motion to withdraw its petition for the reasons stated in its motion. The Court has granted the motion but this circumstance should not deter the Court from educating those who wield power which if exercised arbitrarily will make a mockery of the Bill of Rights.
The closure of the petitioner’s radio station on grounds of national security without elaboration of the grounds and without hearing deserves to be condemned in no uncertain terms for it is manifest that due process was not observed. If there is an Idea which should be impressed in the minds of those who wield power it is that power must be used in a reasonable manner. Arbitrariness must be eschewed. The main opinion, that of Justice Teehankee and the case of Ang Tibay vs. Court of Industrial Relations, 69 Phil. 635 [1940], should be made required reading materials for public officials who huff and puff with power making themselves not merely obnoxious but dangerous as well.”

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Footnote: Ang Tibay vs. CIR: The requirements of administrative due process are:
(1) the right to a hearing, which includes the right to present one’s case and submit evidence in support thereof;
(2) the tribunal must consider the evidence presented;
(3) the decision must have something to support itself;
(4) the evidence must be substantial. Substantial evidence means such reasonable evidence as a reasonable mind might accept as adequate to support a conclusion;
(5) the decision must be based on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected;
(6) the tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy and not simply accept the views of a subordinate;
(7) the board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reasons for the decision rendered.

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Credits: Video produced by ABS-CBN; screengrab derived from said video; both used here non-commercially for academic purposes

 

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