Supreme Court junks Gadon's plea against ABS-CBN provisional franchise

Photos from GMA News and CNN Philippines

The Supreme Court on Tuesday rejected a petition filed by Atty Larry Gadon to stop the issuance of a provisional franchise for ABS CBN even after it was withdrawn.

In a unanimous voting, the court en banc dismissed Gadon's petition because it failed to comply with the requisites of judicial review.

In a report by GMA News, the court junks the petition without requiring a comment from the respondents -- Speaker Alan Peter Cayetano, House franchise committee chair Franz Alvarez, and NTC Commissioner Gamaliel Cordoba.

If recalled, Cayetano and Alvarez, signed a letter ordering the NTC to issue a provisional authority allowing ABS CBN to operate effective May 4.

Gadon challenge the said move saying it would amount to extending ABS-CBN's franchise through an "undue delegation of powers."

Meanwhile, Gadon filed a motion to withdraw his petition late May, while NTC also ended up not giving ABS CBN a provisional authority.

The court en banc, in some portions of the resolution released by SC PIO, said that Gadon could have been "more circumspect."

"Filing cases in the Supreme Court is a serious affair. It should never be considered except when all the requisites of judicial review are present," the court said.

"Certainly, it should never be contemplated by one who admits not suffering any legal injury. Not only will the over-eagerness to file border on the contumacious, it also puts in unnecessary peril the legal arguments of the person or entity that has an actual case," it added.

Thirteen of fourteen sitting justices participated in the voting. One was unable to due to a delayed flight, GMA report said

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