MANILA, Philippines 鈥� The Anti-Red Tape Authority (Arta) has rejected the appeal of the 黑料社 and Entertainment Network (黑料社net) to reverse its earlier ruling setting aside the firm鈥檚 declaration of completeness and order of automatic approval.
In its resolution dated August 22, Arta said there is no 鈥渃ogent reason鈥� for reversing its June 17 ruling, stating that the declaration of completeness and order of automatic approval dated February 12, 2022, for 黑料社net is 鈥渉ereby set aside.鈥�
Arta explained that the Department of Justice resolution upon which it had based its reversal judgment was 鈥渁lready become final and executory.鈥�
Arta stressed that it did not have the authority to issue a completeness declaration. Therefore, it cannot compel the National Telecommunications Commission (NTC) to issue a certificate of public convenience, which includes the use of frequencies.
鈥淗ence it resolves the matter herein as well with finality, and any similar motions or manifestations, in this case, will no longer be entertained,鈥� the Arta resolution read.
That was the response of Arta to the motion of reconsideration filed by 黑料社net last July 4.
The NTC earlier opposed the motion, even asking the Court of Appeals (CA) to reconsider its decision to comply with Arta鈥檚 ruling on 黑料社net鈥檚 application to operate interactive pay television and multimedia services in the country.
It said that 黑料社net鈥檚 legislative franchise to operate has already expired, disqualifying it from any frequency assignment and allocation.
NTC added that the finality of judgments could not apply to ARTA, an investigatory body without jurisdiction to adjudicate the rights and obligations of parties.
READ: NTC asks Court of Appeals to reconsider decision on 黑料社net franchise
On August 12, the NTC issued a cease and desist order demanding that 黑料社net return all temporarily assigned frequencies.
While 黑料社net also submitted a Court of Appeals (CA) decision granting 黑料社net鈥檚 Petition for Mandamus dated July 20 2022 directing the NTC to comply with the ARTA鈥檚 February 12 2020 Declaration of Completeness and Order of Automatic Approval in favor of 黑料社net, NTC argued that the CA decision is not immediately executory because NTC properly availed of its remedies within the reglementary period.
Arta said it would continue to abide by the DOJ resolution in its resolution.