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[2/2] Santiago C. Divinagracia Vs. Consolidated Broadcasting System, Inc., et al.

[2/2] SANTIAGO C. DIVINAGRACIA, Petitioner, versus CONSOLIDATED BROADCASTING SYSTEM, INC. and PEOPLE'S BROADCASTING SERVICE, INC., Respondents.

G.R. No. 162272 | 2009-04-07

IV.

The complexities of our dual franchise/license regime for broadcast media should be understood within the context of separation of powers. The right of a particular entity to broadcast over the airwaves is established by law -i.e., the legislative franchise - and determined by Congress, the branch of government tasked with the creation of rights and obligations. As with all other laws passed by Congress, the function of the executive branch of government, to which the NTC belongs, is the implementation of the law. In broad theory, the legal obligation of the NTC once Congress has established a legislative franchise for a broadcast...