Every civilization finds it necessary to negotiate compromises with its own values. — Munich

The equal but separate nature of the Executive, Legislative, and Judiciary was meant to ensure check and balance among the three main branches of government.

The built-in coequality was designed to be a counterweight to one another to prevent any branch from overstepping its bounds in the exercise of its constitutionally defined powers.

But the principle does not stop any of the three from trying or testing the limits of its powers.

For instance, would the Court of Appeals continue to insist on its July 2022 Order telling the National Telecommunications Commission to grant “automatic approval” to News and Entertainment Network Corp.’s application. to “install, operate, and maintain” a Local Multi-point Distribution System?

LMDS is used to deliver inter-active pay television and other multimedia services in the country.

The order was penned by CA Associate Justice Perpetua Susana T. Atal-Paño and concurred by Associate Justices Ruben Reynaldo G. Roxas and Maximo M. De Leon.

The Office of the President completely rejected the appeal of Newsnet to have LMDS in a decision dated March 31 and signed by Executive Sec. Lucas P. Bersamin on behalf of President Marcos.

The OP’s decision came after the Anti-Red Tape Authority and the Department of Justice ruled that applications involving radio frequency assignments are not within the coverage of Republic Act 11032, or the Ease of Doing Business and Efficient Delivery of Government Services Act. Rather, it is a sole function of the NTC.

State lawyers have thus asked the CA to grant the appeal of the NTC to uphold its decision that denied Nesnet’s application for LMDS.

The Office of the Solicitor General, representing the NTC, filed a manifestation before the CA on Monday “to take judicial notice” of the Office of the President decision dated March 31, 2023 dismissing Newsnet’s appeal.

The LMDS would enable Newsnet, an affiliate of NOW Corp., to deliver interactive pay television and multimedia services after its legislative franchise expired on Aug. 9, 2021.

The expiration “effectively disqualified it from commercially operating radio transmitters and receivers, including an LMDS to deliver an interactive pay television and multimedia services, and being allocated with any radio frequency”.

The OSG asked the CA to set aside its 2022 ruling, which directed the NTC to automatically approve the application of Newsnet.

ARTA recalled Newsnet’s Declaration of Completeness in a resolution dated June 17, 2022, or barely a month before the CA decision came out, invalidating its Feb. 12, 2020 order.

“Humbly, with three government agencies – ARTA, the DOJ, and the Office of the President – echoing the same position that: first, ARTA had no jurisdiction over the assignment of frequencies; second, recall of ARTA’s Order dated 12 February 2020 was only proper having been rendered without jurisdiction; and, third, the expiration of petitioner’s franchise rendered its application moot, respondents reiterate its plea for the Honorable Court to reconsider and set aside its decision dated 20 July 2022,” the OSG said in the manifestation signed by Solicitor General Menardo Guevarra.

The OSG also said Newsnet is resorting to forum shopping because while the case is pending with the CA, the company “continuously commenced other acts, that is, pursued parallel remedies before other government agencies with the same end-goal – to reinstate and enforce the now abandoned issuance of ARTA or ARTA’s Order dated 12 February 2020.”

Would Atal-Paño stand her ground on the matter?

If so, wouldn’t this be suggesting that she has a better judgment and more authority than former Chief Justice and now ES Bersamin or even President Marcos himself?

Behold God’s glory and seek His mercy.

Pause, ponder, pray, and proceed, people,