Senate President Vicente Sotto III assured on Saturday that the Upper Chamber will not rush the grant of an extended franchise to ABS-CBN or any other organizations.
In a statement, the Senate leader maintained that they will stick to legislative procedures under the Constitution with regards to giving franchises to public utilities.
He said senators “would not be stampeded into resorting to short-cuts in the performance of their duties.”
“We follow specific procedures in granting franchises. We cannot do away with certain steps to fast-track the process, or else we can be unjustly accused of currying favors to specific parties,” Sotto said.
“We will maintain an unbiased treatment to organizations asking for renewal of their franchise,” he added.
Sotto issued the statement amid claims that the Senate is giving preferential treatment to ABS-CBN amid moves from the government to stop its operations.
The Senate public services committee, led by Senator Grace Poe, last Monday held a hearing into the alleged violations committed by the broadcast network.
In a recent interview, Poe dismissed claims that she was biased towards ABS-CBN whose talents include her mother, veteran actress Susan Roces.
“I am only one of 24 senators. Whatever I say, even if I am for it or against it, if the majority will not side with my opinion, it will not prevail,” Poe told ANC last Wednesday.
She previously promised to wait for the House of Representatives’ transmittal of the network’s franchise renewal as the mandated by the Constitution.
Sotto had also defended Poe’s decision to push through with the hearing, saying it was within her authority as public services committee chair.
“We were elected to serve and protect the interest of our people, not the interest of a few, and we vow to always be faithful to our sworn oaths,” Sotto said on Saturday. (Vanne Elaine P. Terrazola)
http://tempo.com.ph/2020/02/29/sotto-no-rush-in-abs-cbn-franchise-grant/
Saturday, February 29, 2020
Lawmaker: Congress should act quickly on ABS-CBN franchise
FORMER Third District Representative Alfredo Benitez said yesterday that congress should act quickly on the franchise renewal of ABS-CBN.
“I don’t understand why they’re not acting on it quickly. They should conduct committee hearing then move on,” Benitez who is also the convenor of the Visayan Bloc pointed out.
The ABS-CBN issue is in congress and for the past couple of days the discussion has accelerated on the franchise and there are people against it while some are supporting it. The latest is Davao City Mayor Sara Duterte.
Benitez said the Visayan Bloc and every congressman is in agreement that it should be tackled by congress whether to grant the renewal of the franchise or not it should be subject to deliberation when they hear it in the house.
“How can you make a decision when you don’t hear about the alleged violation. Let’s hear them first,” Benitez further said.
Meanwhile Benitez said that the rumors about the plan of some congressmen to oust Congressman Alan Peter Cayetano as Speaker of the House is not true.
“Why create a coup when the end of his term nears unless the president will say something,” Benitez pointed out.
He said that none of the members of the Visayan Bloc support such plan to oust Cayetano.
Cayetano has an agreement with Marinduque Rep. Lord Alan Velasco of term sharing and that Velasco is set to take-over the Speakership this coming October.
Cayetano claimed he has verified information on a move to oust him from his post.
“Up to this day, I continue to honor the term-sharing agreement brokered by no less than President Rodrigo Duterte when the 18th Congress convened in July 2019. From the beginning, I never had any intention of reneging on this agreement,” he said. (TDE)
https://www.sunstar.com.ph/article/1846401
“I don’t understand why they’re not acting on it quickly. They should conduct committee hearing then move on,” Benitez who is also the convenor of the Visayan Bloc pointed out.
The ABS-CBN issue is in congress and for the past couple of days the discussion has accelerated on the franchise and there are people against it while some are supporting it. The latest is Davao City Mayor Sara Duterte.
Benitez said the Visayan Bloc and every congressman is in agreement that it should be tackled by congress whether to grant the renewal of the franchise or not it should be subject to deliberation when they hear it in the house.
“How can you make a decision when you don’t hear about the alleged violation. Let’s hear them first,” Benitez further said.
Meanwhile Benitez said that the rumors about the plan of some congressmen to oust Congressman Alan Peter Cayetano as Speaker of the House is not true.
“Why create a coup when the end of his term nears unless the president will say something,” Benitez pointed out.
He said that none of the members of the Visayan Bloc support such plan to oust Cayetano.
Cayetano has an agreement with Marinduque Rep. Lord Alan Velasco of term sharing and that Velasco is set to take-over the Speakership this coming October.
Cayetano claimed he has verified information on a move to oust him from his post.
“Up to this day, I continue to honor the term-sharing agreement brokered by no less than President Rodrigo Duterte when the 18th Congress convened in July 2019. From the beginning, I never had any intention of reneging on this agreement,” he said. (TDE)
https://www.sunstar.com.ph/article/1846401
ABS-CBN ‘requires franchise to operate’
A legal luminary has agreed with former chief justice Reynato Puno’s position that ABS-CBN Corp. cannot operate with an expired franchise, a view that contradicts the opinion of Justice Secretary Menardo Guevarra.
Fr. Ranhilio Aquino, dean of San Beda University’s Graduate School of Law, told The Manila Times he was siding with Puno, “and I maintain that ABS-CBN may not operate anymore after expiry of its franchise.”
“The proposition of law is very simple. When the franchise expires, then it ceases the legal authority to operate,” he said.
To support his stand, Puno had cited the 2003 decision of the Supreme Court in the case of Associated Communications & Wireless Services vs National Telecommunications Commission (NTC), which he penned.
Guevarra, in a guidance letter to NTC Commissioner Gamaliel Cordoba, said since there was precedence and that ABS-CBN had a previous franchise, it could be considered a qualified applicant and could be given provisional authority to operate pending the renewal of its application.
Republic Act 7966, which granted the media giant a 25-year franchise, was enacted on March 30, 1995. It expires on May 4, 2020, following effectivity date, which is 15 days from the date of publication on April 19,1995.
Eleven bills on the network’s franchise renewal are pending at the House Committee on Legislative Franchises. Despite pressure from lawmakers and other groups, Speaker Alan Peter Cayetano said hearings could start in May or August.
In the meantime, Cayetano said Congress had directed the NTC to grant the network a provisional authority, citing precedence. He claimed that it was an “injustice” to shut the network while the franchise renewal bills were still pending.
Aquino disagreed with the move, saying it was against the Constitution.
“No, it’s not a possibility because there is a doctrine in constitutional law called the Doctrine of Undue Delegation. Congress cannot pass to any administrative agency the powers it has.
And only Congress has the power to grant a franchise. If I maintain your proposition that Congress can ask NTC to extend the life fo the franchise, that would in effect be giving NTC the powers of Congress and that is not allowed,” he said.
“That’s exactly why Congress should have acted on it, prior to its expiration,” he added.
Aquino also pushed back on the proposal for Congress to pass a joint resolution to extend the franchise of ABS-CBN. Joint resolutions have been filed in the House and the Senate, but he reiterated a resolution did not have the same force as a law.
“When Congress wants to pass a law, it must use a statute, it must pass a statute. In other words, it must pass the lower House, it must pass Senate, and then it must be sent to the President for signature,” Aquino said.
“A resolution is not the same as a statute. A resolution is only an expression of collective sentiment. It doesn’t have the same force as a statute,” he continued.
Aquino said the government might also ask the network’s closure if it continues to operate after the franchise expires. He also noted that ABS-CBN faces administrative, civil, and criminal charges such as usurpation if it continues to operate after its franchise expires.
“If Congress does not renew its franchise, the government can always go to Court and ask it to be shut down by wreath of prohibition or any other remedies available,” he said.
Aquino advised the ABS-CBN to go to the Supreme Court to resolve the issue.
“I’m sure they have very good lawyers thinking that out for them and I am sure that they will go to the Supreme Court if they are not content with the actions already pending there,” he said.
“If you ask the Supreme Court to decide and the Supreme Court decides, that’s the end of the story. The Supreme Court is the final arbiter,” Aquino added.
Senate Minority Leader Franklin Drilon has taken issue with the statements of Puno and another retired Supreme Court justice, Angelina Sandoval-Gutierrez, that the NTC cannot grant a provisional authority to ABS-CBN.
“This issue on ABS-CBN cannot be decided in a vacuum as the retired justices want Congress to do. Our conscience will not allow us to do that, because the reality is, 11,000 jobs are on the line here,” Drilon said.
The senator said the Supreme Court had held in various cases that “laws and rules should be interpreted and applied not in a vacuum or in isolated abstraction but in light of surrounding circumstances and attendant facts in order to afford justice to all.”
Drilon, a former Justice secretary, said to interpret the issue in a very strict legalistic manner would put at risk the jobs of the network’s 11,000 employees “and the future of their families, without giving an opportunity for a rational discussion.”
He added that there were precedents where various entities were allowed to keep operating even with expired franchises, among them network GMA 7 and telecommunications giant Smart.
“Why, all of a sudden, should we be so strict with ABS-CBN when 11,000 jobs are on the line?” he said.
“Why can we not give Congress more time to decide on this? Is anybody’s interest harmed by the continuation of the operation of ABS-CBN, while the matter is pending in Congress?” Drilon continued.
He said the opinion of the Justice Secretary, as the legal counsel of the executive department, and the NTC, as the implementing agency in charge of telecommunications, should be given due weight and consideration.
https://www.manilatimes.net/2020/02/29/news/headlines/abs-cbn-requires-franchise-to-operate/698213/
Fr. Ranhilio Aquino, dean of San Beda University’s Graduate School of Law, told The Manila Times he was siding with Puno, “and I maintain that ABS-CBN may not operate anymore after expiry of its franchise.”
“The proposition of law is very simple. When the franchise expires, then it ceases the legal authority to operate,” he said.
To support his stand, Puno had cited the 2003 decision of the Supreme Court in the case of Associated Communications & Wireless Services vs National Telecommunications Commission (NTC), which he penned.
Guevarra, in a guidance letter to NTC Commissioner Gamaliel Cordoba, said since there was precedence and that ABS-CBN had a previous franchise, it could be considered a qualified applicant and could be given provisional authority to operate pending the renewal of its application.
Republic Act 7966, which granted the media giant a 25-year franchise, was enacted on March 30, 1995. It expires on May 4, 2020, following effectivity date, which is 15 days from the date of publication on April 19,1995.
Eleven bills on the network’s franchise renewal are pending at the House Committee on Legislative Franchises. Despite pressure from lawmakers and other groups, Speaker Alan Peter Cayetano said hearings could start in May or August.
In the meantime, Cayetano said Congress had directed the NTC to grant the network a provisional authority, citing precedence. He claimed that it was an “injustice” to shut the network while the franchise renewal bills were still pending.
Aquino disagreed with the move, saying it was against the Constitution.
“No, it’s not a possibility because there is a doctrine in constitutional law called the Doctrine of Undue Delegation. Congress cannot pass to any administrative agency the powers it has.
And only Congress has the power to grant a franchise. If I maintain your proposition that Congress can ask NTC to extend the life fo the franchise, that would in effect be giving NTC the powers of Congress and that is not allowed,” he said.
“That’s exactly why Congress should have acted on it, prior to its expiration,” he added.
Aquino also pushed back on the proposal for Congress to pass a joint resolution to extend the franchise of ABS-CBN. Joint resolutions have been filed in the House and the Senate, but he reiterated a resolution did not have the same force as a law.
“When Congress wants to pass a law, it must use a statute, it must pass a statute. In other words, it must pass the lower House, it must pass Senate, and then it must be sent to the President for signature,” Aquino said.
“A resolution is not the same as a statute. A resolution is only an expression of collective sentiment. It doesn’t have the same force as a statute,” he continued.
Aquino said the government might also ask the network’s closure if it continues to operate after the franchise expires. He also noted that ABS-CBN faces administrative, civil, and criminal charges such as usurpation if it continues to operate after its franchise expires.
“If Congress does not renew its franchise, the government can always go to Court and ask it to be shut down by wreath of prohibition or any other remedies available,” he said.
Aquino advised the ABS-CBN to go to the Supreme Court to resolve the issue.
“I’m sure they have very good lawyers thinking that out for them and I am sure that they will go to the Supreme Court if they are not content with the actions already pending there,” he said.
“If you ask the Supreme Court to decide and the Supreme Court decides, that’s the end of the story. The Supreme Court is the final arbiter,” Aquino added.
Senate Minority Leader Franklin Drilon has taken issue with the statements of Puno and another retired Supreme Court justice, Angelina Sandoval-Gutierrez, that the NTC cannot grant a provisional authority to ABS-CBN.
“This issue on ABS-CBN cannot be decided in a vacuum as the retired justices want Congress to do. Our conscience will not allow us to do that, because the reality is, 11,000 jobs are on the line here,” Drilon said.
The senator said the Supreme Court had held in various cases that “laws and rules should be interpreted and applied not in a vacuum or in isolated abstraction but in light of surrounding circumstances and attendant facts in order to afford justice to all.”
Drilon, a former Justice secretary, said to interpret the issue in a very strict legalistic manner would put at risk the jobs of the network’s 11,000 employees “and the future of their families, without giving an opportunity for a rational discussion.”
He added that there were precedents where various entities were allowed to keep operating even with expired franchises, among them network GMA 7 and telecommunications giant Smart.
“Why, all of a sudden, should we be so strict with ABS-CBN when 11,000 jobs are on the line?” he said.
“Why can we not give Congress more time to decide on this? Is anybody’s interest harmed by the continuation of the operation of ABS-CBN, while the matter is pending in Congress?” Drilon continued.
He said the opinion of the Justice Secretary, as the legal counsel of the executive department, and the NTC, as the implementing agency in charge of telecommunications, should be given due weight and consideration.
https://www.manilatimes.net/2020/02/29/news/headlines/abs-cbn-requires-franchise-to-operate/698213/
Duterte names MILF founder's son as BTA member, completing Bangsamoro gov't
Abdullah Hashim's appointment to the Bangamoro Transition Authority completes the interim government's required 80 members nearly a year after it was formed in March 2019
Abdullah Hashim, son of Moro Islamic Liberation Front (MILF) founder Hashim Salamat, was named the final member of the Bangsamoro interim government, bringing its composition to 80 as required by the Bangsamoro Organic Law.
Hashim's name appeared in a new list of presidential appointees released by Malacañang on Friday, February 28. The documents showed Hashim was officially named a member of the Bangamoro Transition Authority (BTA) last February 11, while his appointment papers were released on February 17.
Hashim completes the MILF's nominees to the BTA. Out of the total 80 target BTA members, 41 were nominated by the MILF and named by Duterte, while the government nominated the remaining 39.
His appointment likewise completes all seats in the BTA, nearly a year after it was formed following the ratification of the Bangsamoro Law.
Since the names of the first batch of BTA members were released in March 2019, two BTA members nominated by the MILF have died – MILF leader Ghazali Jaafar and lawyer Abdul Dataya. Jaafar's seat was given to his son Mudjib Abu, while Hashim is Dataya's nephew.
The MILF had long planned to nominate Hashim, BTA Interim Chief Minister Murad Ebrahim earlier told Rappler.
New ambassadors
Also in the list released Friday was Rodolfo Robles, the Philippines' former Permanent Representative to the United Nations (UN) in New York, who will now serve as Ambassador Extraordinary and Plenipotentiary to Canada. His appointment was signed Monday, February 24.
Robles was a former member of the committee tasked with drafting a federal constitution. Aside from this, he was also a nominee to the Supreme Court prior to the Duterte presidency.
Replacing Robles as Permanent Representative to the UN is Department of Foreign Affairs Undersecretary for Policy Enrique Manalo. – Rappler.com
https://www.rappler.com/nation/252972-abdullah-hashim-bangsamoro-interim-government-member
Abdullah Hashim, son of Moro Islamic Liberation Front (MILF) founder Hashim Salamat, was named the final member of the Bangsamoro interim government, bringing its composition to 80 as required by the Bangsamoro Organic Law.
Hashim's name appeared in a new list of presidential appointees released by Malacañang on Friday, February 28. The documents showed Hashim was officially named a member of the Bangamoro Transition Authority (BTA) last February 11, while his appointment papers were released on February 17.
Hashim completes the MILF's nominees to the BTA. Out of the total 80 target BTA members, 41 were nominated by the MILF and named by Duterte, while the government nominated the remaining 39.
His appointment likewise completes all seats in the BTA, nearly a year after it was formed following the ratification of the Bangsamoro Law.
Since the names of the first batch of BTA members were released in March 2019, two BTA members nominated by the MILF have died – MILF leader Ghazali Jaafar and lawyer Abdul Dataya. Jaafar's seat was given to his son Mudjib Abu, while Hashim is Dataya's nephew.
The MILF had long planned to nominate Hashim, BTA Interim Chief Minister Murad Ebrahim earlier told Rappler.
New ambassadors
Also in the list released Friday was Rodolfo Robles, the Philippines' former Permanent Representative to the United Nations (UN) in New York, who will now serve as Ambassador Extraordinary and Plenipotentiary to Canada. His appointment was signed Monday, February 24.
Robles was a former member of the committee tasked with drafting a federal constitution. Aside from this, he was also a nominee to the Supreme Court prior to the Duterte presidency.
Replacing Robles as Permanent Representative to the UN is Department of Foreign Affairs Undersecretary for Policy Enrique Manalo. – Rappler.com
https://www.rappler.com/nation/252972-abdullah-hashim-bangsamoro-interim-government-member
Friday, February 28, 2020
ABS-CBN off air, franchise pending—DOJ
The Justice department said Friday there was not enough basis to allow ABS-CBN to continue operating while the bills for the renewal of its franchise were pending in Congress.
In a six-page letter to National Telecommunications Commission, Justice Secretary Menardo Guevarra said it would be better if Congress authorized the NTC to issue a provisional authority.
In related developments:
• A retired Supreme Court justice said Thursday that, without a franchise, ABS-CBN would have to cease operations after May 4, contrary to the informal opinion of Justice Secretary Menardo Guevarra that a provisional permit would be enough for the media giant continue operating.
“An expired franchise can’t be extended by a mere Joint Resolution by both houses. There should be a law granting a new franchise,” retired justice Angelina Sandoval-Gutierrez told Rappler in a message on Thursday.
• Speaker Alan Peter Cayetano on Thursday pooh-poohed the joint resolutions filed by his colleagues backing the renewal of ABS-CBN’s franchise.
Cayetano said the resolutions filed by Representatives Raul del Mar and Rufus Rodriguez in the House would create more issues and problems than provide a solution.
• The Palace on Thursday said there was no need for ABS-CBN to coordinate with the office of President Rodrigo Duterte in relation to the P2.6 million that would be donated by the network to a charitable institution, an amount from the Chief Executive’s unaired political ads that he refused to accept.
Duterte had already given ABS-CBN a free hand to choose the recipient of the P2.6 million, Presidential Spokesman Salvador Panelo said.
“There is no need for guidance. The President gave them blanket authority. Just donate it to your favorite charitable organization,” Panelo told reporters.
• The labor group Defend Jobs Philippines said Thursday the Senate and House resolutions on ABS-CBN’s franchise extension were good, but passing a new legislative franchise law would be best for Kapamilya workers.
According to Guevarra, it would be within the bounds of the basic principle of “fairness and justice” if Congress continued with its practice and allow broadcast entities to continue with their operations even after their franchises had expired, for as long as their applications for the renewal of their franchises had been filed before Congress.
However, Guevarra clarified that the letter to the NTC was a mere “guidance” to the NTC in dealing with the matter of ABS-CBN’s franchise.
Guevarra said if Congress allowed the media network to operate after its franchise lapsed, that would not be the first time it would do so.
This practice of Congress had benefited other entities such as the Philippine Telegraph and Telephone Corp., Smart Communications Inc. and the Catholic Bishops’ Conference of the Philippines.
“This practice of Congress is not merely a matter of procedure as it significantly affects substantial rights. For such reason, it is imperative that the same treatment be extended to all entities seeking the renewal of their franchises that are about to expire. Otherwise, it run afoul of the basic principles of fairness and justice,” Guevarra said.
“It would likewise undermine the trust and the reasonable expectation of the citizens that the state shall govern impartially and will not draw distinction that are irrelevant to a legitimate objective.”
Guevarra also said there was a gap in the law. The existing laws on franchises do not provide for the status of the operations of a radio and/or television franchise when Congress has not finally acted on a pending bill for its renewal.
“There is nothing in our existing laws that declare that the franchisee can continue to operate pending the renewal of its franchise; neither is there anything in these laws which prohibit the franchisee from operating until Congress acts on the bill for the renewal of the franchise.
“There is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their respective franchise remain pending with Congress.”
The House of Representatives’ Committee on Legislative Franchise has formally asked the NTC to issue a provisional authority to ABS-CBN to operate from May 4 until Congress has made a decision on its application. With Rappler, Maricel V. Cruz, MJ Blancaflor and Willie Casas
https://manilastandard.net/news/top-stories/318413/abs-cbn-off-air-franchise-pending-doj.html
In a six-page letter to National Telecommunications Commission, Justice Secretary Menardo Guevarra said it would be better if Congress authorized the NTC to issue a provisional authority.
In related developments:
• A retired Supreme Court justice said Thursday that, without a franchise, ABS-CBN would have to cease operations after May 4, contrary to the informal opinion of Justice Secretary Menardo Guevarra that a provisional permit would be enough for the media giant continue operating.
“An expired franchise can’t be extended by a mere Joint Resolution by both houses. There should be a law granting a new franchise,” retired justice Angelina Sandoval-Gutierrez told Rappler in a message on Thursday.
• Speaker Alan Peter Cayetano on Thursday pooh-poohed the joint resolutions filed by his colleagues backing the renewal of ABS-CBN’s franchise.
Cayetano said the resolutions filed by Representatives Raul del Mar and Rufus Rodriguez in the House would create more issues and problems than provide a solution.
• The Palace on Thursday said there was no need for ABS-CBN to coordinate with the office of President Rodrigo Duterte in relation to the P2.6 million that would be donated by the network to a charitable institution, an amount from the Chief Executive’s unaired political ads that he refused to accept.
Duterte had already given ABS-CBN a free hand to choose the recipient of the P2.6 million, Presidential Spokesman Salvador Panelo said.
“There is no need for guidance. The President gave them blanket authority. Just donate it to your favorite charitable organization,” Panelo told reporters.
• The labor group Defend Jobs Philippines said Thursday the Senate and House resolutions on ABS-CBN’s franchise extension were good, but passing a new legislative franchise law would be best for Kapamilya workers.
According to Guevarra, it would be within the bounds of the basic principle of “fairness and justice” if Congress continued with its practice and allow broadcast entities to continue with their operations even after their franchises had expired, for as long as their applications for the renewal of their franchises had been filed before Congress.
However, Guevarra clarified that the letter to the NTC was a mere “guidance” to the NTC in dealing with the matter of ABS-CBN’s franchise.
Guevarra said if Congress allowed the media network to operate after its franchise lapsed, that would not be the first time it would do so.
This practice of Congress had benefited other entities such as the Philippine Telegraph and Telephone Corp., Smart Communications Inc. and the Catholic Bishops’ Conference of the Philippines.
“This practice of Congress is not merely a matter of procedure as it significantly affects substantial rights. For such reason, it is imperative that the same treatment be extended to all entities seeking the renewal of their franchises that are about to expire. Otherwise, it run afoul of the basic principles of fairness and justice,” Guevarra said.
“It would likewise undermine the trust and the reasonable expectation of the citizens that the state shall govern impartially and will not draw distinction that are irrelevant to a legitimate objective.”
Guevarra also said there was a gap in the law. The existing laws on franchises do not provide for the status of the operations of a radio and/or television franchise when Congress has not finally acted on a pending bill for its renewal.
“There is nothing in our existing laws that declare that the franchisee can continue to operate pending the renewal of its franchise; neither is there anything in these laws which prohibit the franchisee from operating until Congress acts on the bill for the renewal of the franchise.
“There is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their respective franchise remain pending with Congress.”
The House of Representatives’ Committee on Legislative Franchise has formally asked the NTC to issue a provisional authority to ABS-CBN to operate from May 4 until Congress has made a decision on its application. With Rappler, Maricel V. Cruz, MJ Blancaflor and Willie Casas
https://manilastandard.net/news/top-stories/318413/abs-cbn-off-air-franchise-pending-doj.html
Handaan sa Conrad
The handaan will close to more than 20,000 people at the Grand Ballroom of Conrad Manila!
Food provided by the tenants of SM Mall of Asia!
Featuring:
Religious Nuns and Sisters
SM Security Guards
SM Employees
With performers:
RJ Jacinto and Friends
Hotlegs Dance Company
Mass officiated by:
Bishop Teodoro Bacani - Overall Spiritual Director of El Shaddai DWXI Prayer Partners Fellowship International
Rev. Fr. Anton Pascual - President and Station Manager of Veritas 846 Ang Radyo ng Simbahan
Network can operate even with expired franchise – DoJ
ABS-CBN Corp. can operate even if its franchise has expired, according to Department of Justice Secretary Menardo Guevarra.
In a guidance letter to National Telecommunications Commission (NTC) Commissioner Gamaliel Cordoba, Guevarra said there were cases in the past when an entity continued to operate despite the expiration of its congressional franchise.
Guevarra made it clear, however, that while the power to grant franchises rests on Congress, the media giant was still subject to the regulation of administrative agencies such as the NTC.
Since ABS-CBN was granted a previous franchise by Congress, it could be considered a qualified applicant and could be given provisional authority to operate pending the renewal of its application, he said.
The issue of whether the network has to shut down after its franchise ends in May is being hotly debated in the Senate and House of Representatives.
It began after Solicitor General Jose Calida petitioned the Supreme Court to revoke ABS-CBN’s franchise because of violations of ownership provisos.
But Guevarra said “there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their respective franchises remain pending with Congress.”
He added, however, that “a more stable legal environment” could be created if Congress issues a concurrent resolution authorizing the NTC to issue a provisional authority to ABS-CBN and its affiliate companies until Congress tackles the pending bills on the franchise’s renewal.
In its consolidated reply to the Supreme Court on the quo warranto petition, Calida refuted ABS-CBN’s claim that the government was muzzling press freedom by calling for the revocation of its franchise.
He also defended the petition for a gag order on ABS-CBN, saying it did not constitute “a restraint on freedom of expression.”
Calida said the network must remember that while the freedoms of the press and expression are guaranteed by the Constitution, they were not an absolute right.
“The exercise of such right is not absolute for it may be so regulated that it shall not be injurious to the equal enjoyment of others having equal rights, not injurious to the right of the community or society,” he added.
The Constitution itself “also imposes certain limits on the freedom of speech and of the press. One of such limitation is found in Article XVI of the Constitution, which prohibits foreign media ownership,” the solicitor general said.
“The revocation of respondent ABS-CBN’s franchise does not constitute a restraint on freedom of expression or of the press because the primordial effect of such revocation is the upholding of the constitutional provision and laws governing media companies like respondent ABS-CBN,” he added.
He also denied that the gag order impairs the right to information.
“The respondents’ contention is overly sweeping, if not an altogether exaggeration. The Republic’s motion for issuance of a gag order does not seek to prohibit the dissemination of information to the public. It only seeks to restrict comments and disclosures pertaining to the pending judicial proceedings to avoid prejudging the issue, influencing the court or obstructing the administration of justice,” he said.
Calida appealed to the court to begin oral arguments to tackle the merits of the case.
https://www.manilatimes.net/2020/02/28/news/national/network-can-operate-even-with-expired-franchise-doj/697614/
In a guidance letter to National Telecommunications Commission (NTC) Commissioner Gamaliel Cordoba, Guevarra said there were cases in the past when an entity continued to operate despite the expiration of its congressional franchise.
Guevarra made it clear, however, that while the power to grant franchises rests on Congress, the media giant was still subject to the regulation of administrative agencies such as the NTC.
Since ABS-CBN was granted a previous franchise by Congress, it could be considered a qualified applicant and could be given provisional authority to operate pending the renewal of its application, he said.
The issue of whether the network has to shut down after its franchise ends in May is being hotly debated in the Senate and House of Representatives.
It began after Solicitor General Jose Calida petitioned the Supreme Court to revoke ABS-CBN’s franchise because of violations of ownership provisos.
But Guevarra said “there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their respective franchises remain pending with Congress.”
He added, however, that “a more stable legal environment” could be created if Congress issues a concurrent resolution authorizing the NTC to issue a provisional authority to ABS-CBN and its affiliate companies until Congress tackles the pending bills on the franchise’s renewal.
In its consolidated reply to the Supreme Court on the quo warranto petition, Calida refuted ABS-CBN’s claim that the government was muzzling press freedom by calling for the revocation of its franchise.
He also defended the petition for a gag order on ABS-CBN, saying it did not constitute “a restraint on freedom of expression.”
Calida said the network must remember that while the freedoms of the press and expression are guaranteed by the Constitution, they were not an absolute right.
“The exercise of such right is not absolute for it may be so regulated that it shall not be injurious to the equal enjoyment of others having equal rights, not injurious to the right of the community or society,” he added.
The Constitution itself “also imposes certain limits on the freedom of speech and of the press. One of such limitation is found in Article XVI of the Constitution, which prohibits foreign media ownership,” the solicitor general said.
“The revocation of respondent ABS-CBN’s franchise does not constitute a restraint on freedom of expression or of the press because the primordial effect of such revocation is the upholding of the constitutional provision and laws governing media companies like respondent ABS-CBN,” he added.
He also denied that the gag order impairs the right to information.
“The respondents’ contention is overly sweeping, if not an altogether exaggeration. The Republic’s motion for issuance of a gag order does not seek to prohibit the dissemination of information to the public. It only seeks to restrict comments and disclosures pertaining to the pending judicial proceedings to avoid prejudging the issue, influencing the court or obstructing the administration of justice,” he said.
Calida appealed to the court to begin oral arguments to tackle the merits of the case.
https://www.manilatimes.net/2020/02/28/news/national/network-can-operate-even-with-expired-franchise-doj/697614/
Sara backs ABS-CBN franchise renewal
Davao City Mayor Sara Duterte-Carpio on Thursday supported the renewal of the franchise of media giant ABS-CBN Corp., saying her father, President Rodrigo Duterte, was also concerned about the fate of its employees.
Duterte-Carpio made the statement a day after the President accepted the network’s apology over the airing of an advertisement maligning him during the 2016 presidential campaign.
“Davao City fully supports ABS-CBN sa kanilang pagpapa-renew ng kanilang franchise (in the renewal of its franchise). Of course, malaki din ang suporta ng ABS-CBN sa Davao City at sa buong bansa (ABS-CBN has fully supported Davao City and the entire nation).
Hopefully, ma-resolve in a very positive way ang issue ng franchise (the franchise issue will be resolved in a very positive way),” she said in an interview in Sulu.
“Alam niyo, si President Duterte, maawain ‘yan na tao. So, iniisip din niya ‘yung trabaho ng maraming employees [of] ABS-CBN (You know, President Duterte is a compassionate person. He is thinking of the jobs of ABS-CBN’s many employees),” the mayor added.
During a Senate hearing on Monday, ABS-CBN President and Chief Executive Officer Carlo Lopez Katigbak formally apologized to the President for offending him after the network aired a commercial paid for by former senator Antonio Trillanes 4th.
“We were sorry if we offended the President. That was not the intention of the network. We felt that we were just abiding by the laws and regulations that surround the airing of political ads,” Katigbak said.
Duterte accepted the apology on Wednesday and told the network giant to donate the P2.6-million refund for the commercial to a charity.
He said as a human being, he could forgive ABS-CBN but that he leaves the fate of the network’s franchise to Congress.
“Forget about all these hullabaloo. The critical move is in the House and I tell you I am not going to interfere. Wala talaga ako (I won’t),” he added.
The renewal of ABS-CBN’s franchise was in the spotlight earlier this month after Solicitor General Jose Calida filed a quo warranto petition before the Supreme Court highlighting what he said were “highly abusive” practices by the network — including foreign ownership and operational issues — allegations that the television network itself had refuted.
Some lawmakers allayed concerns over ABS-CBN’s looming shutdown, saying the media company could still broadcast news and content as there were pending renewal measures in Congress.
There are 11 measures pending at the House on the franchise renewal, and deliberations on the issue started Monday.
ABS-CBN has raised concerns that its over 11,000 Filipino employees could be laid off if it is not issued a new franchise.
In a statement released Wednesday night, the network said: “The closure of ABS-CBN will put all 11,071 jobs within the ABS-CBN group at risk. Of this number, 5,918 people worked directly for ABS-CBN as of December 2019, comprising of 2,661 regular employees, 2,096 project-based seasonal workers, 1,069 independent contractors and on-camera talents, and 92 project employees.”
ABS-CBN noted that the number does not include employees hired through third-party agencies, such as security guards, cleaners and utility men.
The company clarified the number of employees after a letter of the Bureau of Internal Revenue to the Office of the Solicitor General stated that ABS-CBN Corp. and ABS-CBN Convergence Inc. only have a total of 4,401 employees.
Shares in ABS-CBN went up by 2.17 percent or 50 centavos to close at P23.50 apiece on Thursday. WITH LISBET K. ESMAEL
https://www.manilatimes.net/2020/02/28/news/headlines/sara-backs-abs-cbn-franchise-renewal/697618/
Duterte-Carpio made the statement a day after the President accepted the network’s apology over the airing of an advertisement maligning him during the 2016 presidential campaign.
“Davao City fully supports ABS-CBN sa kanilang pagpapa-renew ng kanilang franchise (in the renewal of its franchise). Of course, malaki din ang suporta ng ABS-CBN sa Davao City at sa buong bansa (ABS-CBN has fully supported Davao City and the entire nation).
Hopefully, ma-resolve in a very positive way ang issue ng franchise (the franchise issue will be resolved in a very positive way),” she said in an interview in Sulu.
“Alam niyo, si President Duterte, maawain ‘yan na tao. So, iniisip din niya ‘yung trabaho ng maraming employees [of] ABS-CBN (You know, President Duterte is a compassionate person. He is thinking of the jobs of ABS-CBN’s many employees),” the mayor added.
During a Senate hearing on Monday, ABS-CBN President and Chief Executive Officer Carlo Lopez Katigbak formally apologized to the President for offending him after the network aired a commercial paid for by former senator Antonio Trillanes 4th.
“We were sorry if we offended the President. That was not the intention of the network. We felt that we were just abiding by the laws and regulations that surround the airing of political ads,” Katigbak said.
Duterte accepted the apology on Wednesday and told the network giant to donate the P2.6-million refund for the commercial to a charity.
He said as a human being, he could forgive ABS-CBN but that he leaves the fate of the network’s franchise to Congress.
“Forget about all these hullabaloo. The critical move is in the House and I tell you I am not going to interfere. Wala talaga ako (I won’t),” he added.
The renewal of ABS-CBN’s franchise was in the spotlight earlier this month after Solicitor General Jose Calida filed a quo warranto petition before the Supreme Court highlighting what he said were “highly abusive” practices by the network — including foreign ownership and operational issues — allegations that the television network itself had refuted.
Some lawmakers allayed concerns over ABS-CBN’s looming shutdown, saying the media company could still broadcast news and content as there were pending renewal measures in Congress.
There are 11 measures pending at the House on the franchise renewal, and deliberations on the issue started Monday.
ABS-CBN has raised concerns that its over 11,000 Filipino employees could be laid off if it is not issued a new franchise.
In a statement released Wednesday night, the network said: “The closure of ABS-CBN will put all 11,071 jobs within the ABS-CBN group at risk. Of this number, 5,918 people worked directly for ABS-CBN as of December 2019, comprising of 2,661 regular employees, 2,096 project-based seasonal workers, 1,069 independent contractors and on-camera talents, and 92 project employees.”
ABS-CBN noted that the number does not include employees hired through third-party agencies, such as security guards, cleaners and utility men.
The company clarified the number of employees after a letter of the Bureau of Internal Revenue to the Office of the Solicitor General stated that ABS-CBN Corp. and ABS-CBN Convergence Inc. only have a total of 4,401 employees.
Shares in ABS-CBN went up by 2.17 percent or 50 centavos to close at P23.50 apiece on Thursday. WITH LISBET K. ESMAEL
https://www.manilatimes.net/2020/02/28/news/headlines/sara-backs-abs-cbn-franchise-renewal/697618/
Thursday, February 27, 2020
BARMM asks DILG for Cotabato City jurisdiction handover
COTABATO CITY – The highest policy-making body of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) has requested the Department of the Interior and Local Government to immediately turn over Cotabato City to the regional government under the supervision of the region’s Ministry of the Interior and Local Government (MILG-BARMM).
A resolution passed by the Bangsamoro Transition Authority (BTA) on February 24 pointed out that the turnover of Cotabato City is mandated under the provisions of Republic Act 11054 or the Bangsamoro Organic Law (BOL).
The resolution quoted paragraph D, Section 3 of Article XV of the BOL stating that “the city of Cotabato shall form part of the Bangsamoro Autonomous Region if the majority of the votes cast in the city shall be in favor of its inclusion.”
On Jan. 21, 2019, residents of Cotabato City affirmed its inclusion to the BARMM through a plebiscite with 36,682 “yes” votes over the 24,994 “no” votes.
Sitting as the national plebiscite board of canvassers, the Commission on Elections (Comelec) on January 25 last year certified the results of the plebiscite for the ratification and inclusion of Cotabato City in BARMM.
However, the local government headed by Mayor Cynthia Guiani-Sayadi has a pending case before the Comelec and the Supreme Court questioning the results of the plebiscite.
Last week, President Rodrigo Duterte met with Sayadi and BARMM interim chief Minister Murad Ebrahim to resolve the issue.
The President told Sayadi and Ebrahim he will decide on the matter in due time and that his decision will be for the good of both sides.
Lawyer Naguib Sinarimbo, MILG minister and concurrent BARMM spokesperson, said that since Cotabato City by virtue of the plebiscite has been constituted "as part and parcel of the BARMM, no executive action may detach it from the autonomous region."
“Under the law, the inclusion of Cotabato City is automatic and mandatory. No further action is needed and when people have spoken, it must be carried out,” Sinarimbo said in a statement.
Aside from Cotabato City, 63 villages in six towns of North Cotabato province have opted to join BARMM during the 2019 regional plebiscite. that joined the plebiscite.
https://www.pna.gov.ph/articles/1094961
A resolution passed by the Bangsamoro Transition Authority (BTA) on February 24 pointed out that the turnover of Cotabato City is mandated under the provisions of Republic Act 11054 or the Bangsamoro Organic Law (BOL).
The resolution quoted paragraph D, Section 3 of Article XV of the BOL stating that “the city of Cotabato shall form part of the Bangsamoro Autonomous Region if the majority of the votes cast in the city shall be in favor of its inclusion.”
On Jan. 21, 2019, residents of Cotabato City affirmed its inclusion to the BARMM through a plebiscite with 36,682 “yes” votes over the 24,994 “no” votes.
Sitting as the national plebiscite board of canvassers, the Commission on Elections (Comelec) on January 25 last year certified the results of the plebiscite for the ratification and inclusion of Cotabato City in BARMM.
However, the local government headed by Mayor Cynthia Guiani-Sayadi has a pending case before the Comelec and the Supreme Court questioning the results of the plebiscite.
Last week, President Rodrigo Duterte met with Sayadi and BARMM interim chief Minister Murad Ebrahim to resolve the issue.
The President told Sayadi and Ebrahim he will decide on the matter in due time and that his decision will be for the good of both sides.
Lawyer Naguib Sinarimbo, MILG minister and concurrent BARMM spokesperson, said that since Cotabato City by virtue of the plebiscite has been constituted "as part and parcel of the BARMM, no executive action may detach it from the autonomous region."
“Under the law, the inclusion of Cotabato City is automatic and mandatory. No further action is needed and when people have spoken, it must be carried out,” Sinarimbo said in a statement.
Aside from Cotabato City, 63 villages in six towns of North Cotabato province have opted to join BARMM during the 2019 regional plebiscite. that joined the plebiscite.
https://www.pna.gov.ph/articles/1094961
It’s up to lower house to tackle ABS-CBN’s franchise renewal, says President Duterte
President Rodrigo Roa Duterte on Wednesday said he will leave ABS-CBN’s impending franchise renewal to Congress adding he has accepted the media network’s apology.
“I have kept a healthy distance from… It’s now in — that they are deliberating in Congress, the Lower House and the Senate. And there’s a plan that they would pass a joint resolution something,” President Duterte said in an interview regarding ABS-CBN’s franchise renewal.
“But fundamentally, really, ang decision nasa House ngayon. Not so much of the Senate because the Constitution says all of these things must originate from the Lower House.”
He also vowed not to interfere with the work of Congress on the issue.
At the same time, the President said he can’t do much about the quo warranto petition filed by the Office of the Solicitor General at the Supreme Court.
“Ang problema kasi nitong sa SolGen, once he makes an official statement that there is a violation of law, then stopped na ako. Parang hindi na ako makagalaw,” the President said.
“I cannot tell him to stop. The SolGen can only announce that there is a violation of law and that he is going to investigate it. Well, hindi ko masabihan, ‘Do not do it. Stop it.’”
With regards to the P2.6 million that the ABS-CBN intends to return, the President advised the network to donate the money to any charitable institution of its choice.
The President also told reporters that he has asked agriculture officials to come up with a protocol to control the spread of African Swine Fever (ASF) in the country.
The prohibition of some local government units on the passage of meat cargoes in their jurisdiction might create confusion that’s why a guideline is necessary, according to the President.
Localities that are declared free of the disease must be certified so that they can ship their meat products, he added.
“Kasi ‘yung iba ayaw pa ipadaan eh. They do not allow the cargoes of the pork meat to pass the highways that traverse the local government units, magulo ‘yan,” he said.
“So kung may tatak na, ‘yung wala at meron pa ‘yung swine fever, eh ‘di huwag na muna.”
https://ptvnews.ph/its-up-to-lower-house-to-tackle-abs-cbns-franchise-renewal-says-president-duterte/
“I have kept a healthy distance from… It’s now in — that they are deliberating in Congress, the Lower House and the Senate. And there’s a plan that they would pass a joint resolution something,” President Duterte said in an interview regarding ABS-CBN’s franchise renewal.
“But fundamentally, really, ang decision nasa House ngayon. Not so much of the Senate because the Constitution says all of these things must originate from the Lower House.”
He also vowed not to interfere with the work of Congress on the issue.
At the same time, the President said he can’t do much about the quo warranto petition filed by the Office of the Solicitor General at the Supreme Court.
“Ang problema kasi nitong sa SolGen, once he makes an official statement that there is a violation of law, then stopped na ako. Parang hindi na ako makagalaw,” the President said.
“I cannot tell him to stop. The SolGen can only announce that there is a violation of law and that he is going to investigate it. Well, hindi ko masabihan, ‘Do not do it. Stop it.’”
With regards to the P2.6 million that the ABS-CBN intends to return, the President advised the network to donate the money to any charitable institution of its choice.
The President also told reporters that he has asked agriculture officials to come up with a protocol to control the spread of African Swine Fever (ASF) in the country.
The prohibition of some local government units on the passage of meat cargoes in their jurisdiction might create confusion that’s why a guideline is necessary, according to the President.
Localities that are declared free of the disease must be certified so that they can ship their meat products, he added.
“Kasi ‘yung iba ayaw pa ipadaan eh. They do not allow the cargoes of the pork meat to pass the highways that traverse the local government units, magulo ‘yan,” he said.
“So kung may tatak na, ‘yung wala at meron pa ‘yung swine fever, eh ‘di huwag na muna.”
https://ptvnews.ph/its-up-to-lower-house-to-tackle-abs-cbns-franchise-renewal-says-president-duterte/
House enjoins NTC to grant provisional authority to ABS-CBN
Folllowing the assurances made by House Speaker Alan Peter Cayetano that ABS-CBN Corporation will be able to continue their broadcast while Congress is deliberating on the renewal of its franchise, House Committee on Legislative Franchise Chair Franz Alvarez has sent a letter to the National Telecommunications Commission (NTC) Commissioner enjoining the agency to grant ABS-CBN a provisional authority to operate effective from May 4, 2020 until such time that the Congress has made a decision on its application.
The ABS-CBN franchise is set to expire on May 4, 2020, because RA 7966 stipulates that the franchise has become effective 15 days from the date of its publication, which was April 19,1995.
Cong. Alvarez and Speaker Cayetano informed the NTC that the House Committee on Legislative Franchises has started deliberating on ABS-CBN Corporation's application for the renewal of its franchise. They noted that the said Committee has instructed all interested parties to submit their position papers for or against ABS-CBN’s application within a period of sixty (60) days from Feb 24,2020.
The letter underscored that the House of Representatives has the exclusive original jurisdiction and authority to act on franchise applications.
Speaker Cayetano also reiterated his earlier stand that Congress will prioritize more urgent measures concerning the rehabilitation of Batangas, the prevention of the spread of the COVID-19 virus, the creation of the Departments of OFWs and Disaster Resilience, as well as several revenue measures being pushed by the Duterte administration that will help bring in millions of new jobs.
“As we have been saying from the start, since ABS-CBN will be allowed to continue its broadcast while we are hearing their renewal, there is no urgency that would justify a hasty proceeding. We want to be sure that this matter is given the importance it deserves,” says Cayetano.
In the same letter, the two House leaders enjoin the NTC to grant ABS-CBN Corporation’s subsidiaries and /or affiliates, whose franchise applications are pending deliberation with the House Committee on Legislative Franchises, the same provisional authority.
The said subsidiaries and/or affiliates are the following: 1) ABS-CBN Convergence, Inc., 2) Sky Cable Corporation, and 3) Amcara Broadcasting Network, Inc.
They urged NTC to include in the respective provisional authorities terms and conditions that the agency deems appropriate to protect public interest consistent with applicable laws, rules, and regulations.
http://www.congress.gov.ph/press/details.php?pressid=11830
The ABS-CBN franchise is set to expire on May 4, 2020, because RA 7966 stipulates that the franchise has become effective 15 days from the date of its publication, which was April 19,1995.
Cong. Alvarez and Speaker Cayetano informed the NTC that the House Committee on Legislative Franchises has started deliberating on ABS-CBN Corporation's application for the renewal of its franchise. They noted that the said Committee has instructed all interested parties to submit their position papers for or against ABS-CBN’s application within a period of sixty (60) days from Feb 24,2020.
The letter underscored that the House of Representatives has the exclusive original jurisdiction and authority to act on franchise applications.
Speaker Cayetano also reiterated his earlier stand that Congress will prioritize more urgent measures concerning the rehabilitation of Batangas, the prevention of the spread of the COVID-19 virus, the creation of the Departments of OFWs and Disaster Resilience, as well as several revenue measures being pushed by the Duterte administration that will help bring in millions of new jobs.
“As we have been saying from the start, since ABS-CBN will be allowed to continue its broadcast while we are hearing their renewal, there is no urgency that would justify a hasty proceeding. We want to be sure that this matter is given the importance it deserves,” says Cayetano.
In the same letter, the two House leaders enjoin the NTC to grant ABS-CBN Corporation’s subsidiaries and /or affiliates, whose franchise applications are pending deliberation with the House Committee on Legislative Franchises, the same provisional authority.
The said subsidiaries and/or affiliates are the following: 1) ABS-CBN Convergence, Inc., 2) Sky Cable Corporation, and 3) Amcara Broadcasting Network, Inc.
They urged NTC to include in the respective provisional authorities terms and conditions that the agency deems appropriate to protect public interest consistent with applicable laws, rules, and regulations.
http://www.congress.gov.ph/press/details.php?pressid=11830
Franchise resolutions not binding – Palace
Malacañang on Wednesday disputed the stand of lawmakers that ABS-CBN Corp. can continue to operate based on a provisional permit from the National Telecommunications Commission (NTC).
Palace spokesman Salvador Panelo maintained that a concurrent resolution from the Senate and the House of Representatives authorizing the NTC to extend ABS-CBN’s franchise cannot be binding as “it has to be a law.”
Panelo criticized lawmakers, particularly members of the House, for not acting on pending bills seeking to renew the franchise of ABS-CBN network.
“If they can pass a resolution, I cannot understand why they cannot pass a law on either the renewal or grant of a franchise, whether with respect to ABS-CBN or other pending applicants, because the vote needed for a resolution is a majority vote. The vote needed for passing a law is also a majority vote,” Panelo told reporters.
“A resolution cannot be binding. It has to be a law,” the Palace official added.
Panelo, who also serves as President Rodrigo Duterte’s top legal counsel, noted that former chief justice Reynato Puno has shared his opinion that “a resolution cannot be as binding and effective as law.”
“There has been a Supreme Court ruling many years ago that a resolution cannot be as binding and effective as a law so they really need to do their work. They should be accountable to the people. They are supposed to represent their districts so they will have to account to their constituents why they haven’t done anything on this particular subject matter,” he said.
Sen. Mary Grace Poe, who led a hearing on ABS-CBN’s compliance with its franchise, said that an extension of the franchise by the NTC, by authority of the concurrent resolution, was a “cure” should lawmakers lack time to tackle a franchise bill.
“This act of Congress requesting the NTC to extend the franchise is also by authority of Congress that’s why the proposal of having either a joint resolution or concurred resolution could cure it,” she added.
On Wednesday, House Committee on Legislative Franchise Chairman Franz Alvarez formally asked the NTC to grant a provisional authority to the network.
In a letter addressed to NTC Commissioner Gamaliel Cordoba, the lawmaker said the House
panel had started deliberations on the ABS-CBN franchise. The letter was concurred in by House Speaker Alan Peter Cayetano.
“As the House of Representatives has the exclusive original jurisdiction and authority to act on franchise applications, we enjoin you to grant ABS-CBN Corporation a provisional authority to operate effective May 4, 2020 until such time that the House of Representatives/Congress has made a decision on its application,” the letter read.
“We likewise enjoin you to grant ABS-CBN Corporation’s subsidiaries and / or affiliates, whose applications are pending deliberation with the Committee on Legislative Franchises, the same provisional Authoirty. The said subsidiaries and/or affiliates are the following: 1) ABS-CBN Convergence, Inc, 2) Sky Cable Corporation, and 3) Amcara Broadcasting Network, Inc.,” it added.
Also on Wednesday, Senate Minority Leader Franklin Drilon denied the insinuation of Sen. Christopher Lawrence “Bong” Go that there was politics behind his move seeking the extension of the network’s franchise.
The senator on Wednesday filed concurrent Resolution 6 expressing the sense of Congress that ABS-CBN should continue to operate pending final determination of the renewal of its franchise by the 18th Congress.
Concurrent Resolution 6 also aims to encourage the NTC to issue ABS-CBN provisional authority to operate.
Drilon noted that the 25-year franchise of ABS-CBN, granted under Republic Act 7966, would expire on May 4, 2020.
“I regret the statement of Sen. Bong Go. Being a neophyte senator, he may not be aware of our tradition and our rules,” Drilon said in a chance interview. “Precisely a concurrent resolution does not go through the President because it has no force and effect of a law,” he said.
“It is just a sense of the Senate. There is no politics here. We are not depriving the President of the right to veto or approve,” he added. “The right to veto or approve is in the joint resolution (SJR 11) that we filed, which has the force and effect of a law and which is also filed in the House of Representatives (HoR),” he said.
Cagayan de Oro City Rep. Rufus Rodriguez, an author of one of the 11 bills, filed House Joint Resolution (HJR) 29 on Wednesday that seeks to extend the network’s franchise for one year or until May 4, 2021.
This was separate from HJR 28 filed by Rep. Raul Del Mar last week, which seeks to extend the network’s franchise up to June 30, 2022 or the end of the 18th Congress.
Albay Rep. Edcel Lagman, however, agreed with Puno’s position that ABS-CBN cannot operate without a renewed franchise.
“Since the prevailing rule is no franchise, no operation, inveigling ABS-CBN to continue operation with an expired franchise is pushing it to a legal limbo fraught with possible lawsuits as such continued operation is against jurisprudence,” Lagman said. WITH DIVINA NOVA JOY DELA CRUZ
https://www.manilatimes.net/2020/02/27/news/headlines/franchise-resolutions-not-binding-palace/696869/
Palace spokesman Salvador Panelo maintained that a concurrent resolution from the Senate and the House of Representatives authorizing the NTC to extend ABS-CBN’s franchise cannot be binding as “it has to be a law.”
Panelo criticized lawmakers, particularly members of the House, for not acting on pending bills seeking to renew the franchise of ABS-CBN network.
“If they can pass a resolution, I cannot understand why they cannot pass a law on either the renewal or grant of a franchise, whether with respect to ABS-CBN or other pending applicants, because the vote needed for a resolution is a majority vote. The vote needed for passing a law is also a majority vote,” Panelo told reporters.
“A resolution cannot be binding. It has to be a law,” the Palace official added.
Panelo, who also serves as President Rodrigo Duterte’s top legal counsel, noted that former chief justice Reynato Puno has shared his opinion that “a resolution cannot be as binding and effective as law.”
“There has been a Supreme Court ruling many years ago that a resolution cannot be as binding and effective as a law so they really need to do their work. They should be accountable to the people. They are supposed to represent their districts so they will have to account to their constituents why they haven’t done anything on this particular subject matter,” he said.
Sen. Mary Grace Poe, who led a hearing on ABS-CBN’s compliance with its franchise, said that an extension of the franchise by the NTC, by authority of the concurrent resolution, was a “cure” should lawmakers lack time to tackle a franchise bill.
“This act of Congress requesting the NTC to extend the franchise is also by authority of Congress that’s why the proposal of having either a joint resolution or concurred resolution could cure it,” she added.
On Wednesday, House Committee on Legislative Franchise Chairman Franz Alvarez formally asked the NTC to grant a provisional authority to the network.
In a letter addressed to NTC Commissioner Gamaliel Cordoba, the lawmaker said the House
panel had started deliberations on the ABS-CBN franchise. The letter was concurred in by House Speaker Alan Peter Cayetano.
“As the House of Representatives has the exclusive original jurisdiction and authority to act on franchise applications, we enjoin you to grant ABS-CBN Corporation a provisional authority to operate effective May 4, 2020 until such time that the House of Representatives/Congress has made a decision on its application,” the letter read.
“We likewise enjoin you to grant ABS-CBN Corporation’s subsidiaries and / or affiliates, whose applications are pending deliberation with the Committee on Legislative Franchises, the same provisional Authoirty. The said subsidiaries and/or affiliates are the following: 1) ABS-CBN Convergence, Inc, 2) Sky Cable Corporation, and 3) Amcara Broadcasting Network, Inc.,” it added.
Also on Wednesday, Senate Minority Leader Franklin Drilon denied the insinuation of Sen. Christopher Lawrence “Bong” Go that there was politics behind his move seeking the extension of the network’s franchise.
The senator on Wednesday filed concurrent Resolution 6 expressing the sense of Congress that ABS-CBN should continue to operate pending final determination of the renewal of its franchise by the 18th Congress.
Concurrent Resolution 6 also aims to encourage the NTC to issue ABS-CBN provisional authority to operate.
Drilon noted that the 25-year franchise of ABS-CBN, granted under Republic Act 7966, would expire on May 4, 2020.
“I regret the statement of Sen. Bong Go. Being a neophyte senator, he may not be aware of our tradition and our rules,” Drilon said in a chance interview. “Precisely a concurrent resolution does not go through the President because it has no force and effect of a law,” he said.
“It is just a sense of the Senate. There is no politics here. We are not depriving the President of the right to veto or approve,” he added. “The right to veto or approve is in the joint resolution (SJR 11) that we filed, which has the force and effect of a law and which is also filed in the House of Representatives (HoR),” he said.
Cagayan de Oro City Rep. Rufus Rodriguez, an author of one of the 11 bills, filed House Joint Resolution (HJR) 29 on Wednesday that seeks to extend the network’s franchise for one year or until May 4, 2021.
This was separate from HJR 28 filed by Rep. Raul Del Mar last week, which seeks to extend the network’s franchise up to June 30, 2022 or the end of the 18th Congress.
Albay Rep. Edcel Lagman, however, agreed with Puno’s position that ABS-CBN cannot operate without a renewed franchise.
“Since the prevailing rule is no franchise, no operation, inveigling ABS-CBN to continue operation with an expired franchise is pushing it to a legal limbo fraught with possible lawsuits as such continued operation is against jurisprudence,” Lagman said. WITH DIVINA NOVA JOY DELA CRUZ
https://www.manilatimes.net/2020/02/27/news/headlines/franchise-resolutions-not-binding-palace/696869/
Lawmaker files resolution seeking to extend ABS-CBN franchise until May 2021
A lawmaker has filed a resolution that extends the expiring ABS-CBN franchise by a year, after the Senate hearing on the broadcast giant stated that the quo warranto filed against it by Solicitor General Jose Calida had no basis.
Under House Joint Resolution 29, ABS-CBN's franchise will extend until May 4, 2021, as it will expire on May 4 of this year.
Cagayan de Oro Rep. Rufus Rodriguez said Wednesday it covers only a year-long extension since he doesn't want Congress to "dilly-dally" on the franchise renewal of ABS-CBN.
“Let us have this maximum. We'll have 1 year so we can also have some urgency on this," Rodriguez told reporters.
The resolution cites, among others, that ABS-CBN passed the scrutiny of all state regulators, namely the Department of Justice (DOJ), the Bureau of Internal Revenue (BIR), the Department of Labor and Employment (DOLE), and the Securities and Exchange Commission (SEC).
“That Senate hearing, it was very good because you know it clearly showed Calida’s quo warranto had no basis in law," Rodriguez said.
Calida’s petition alleged, among others, that ABS-CBN violated the constitutional ban on foreign ownership in mass media by issuing Philippine Depository Receipts to foreigners, through its holding company.
Company executives, in response, told senators that the issuance of the financial instruments complied with the law.
Rodriguez said ABS-CBN’s franchise must also be extended because of the rule of equity, or substantial justice.
”By reason of the law of equity, it can go on, and past experiences also show that other franchises are allowed to go on because of equity," the lawmaker said.
Earlier, Justice Secretary Menardo Guevarra said ABS-CBN can still operate under "equity considerations" should its bid for a fresh 25-year franchise fail in Congress.
"May gap 'yong batas. Kaya we draw from equity considerations para fair. Para may substantial justice. Para walang agrabyado. As I've said, hindi naman kasalanan no'ng company na hindi pa naaaprubahan ng Kongreso 'yong kaniyang application," he said.
ABS-CBN can operate under 'equity considerations' if franchise lapses - DOJ
(There's a gap in the law. That's why we draw from equity considerations to be fair. So there will be substantial justice. So no one is put at a disadvantage. As I've said, it's not the company's fault that Congress has not approved its application.)
But Albay Rep. Edcel Lagman, who has been pushing for the renewal hearing at the House of Representatives, said the law of equity may not apply on the issue.
“The rule of equity does not apply when the law is clear. In the case of the ABS-CBN franchise, the law is clear. The law says that no one can engage in telecommunication enterprise without first acquiring a franchise and the act granting franchise ABS-CBN says it is good only up to 25 years from its effectivity,” Lagman said.
“When the law is clear, they apply the law.”
https://news.abs-cbn.com/news/02/26/20/lawmaker-files-resolution-seeking-to-extend-abs-cbn-franchise-until-may-2021
Under House Joint Resolution 29, ABS-CBN's franchise will extend until May 4, 2021, as it will expire on May 4 of this year.
Cagayan de Oro Rep. Rufus Rodriguez said Wednesday it covers only a year-long extension since he doesn't want Congress to "dilly-dally" on the franchise renewal of ABS-CBN.
“Let us have this maximum. We'll have 1 year so we can also have some urgency on this," Rodriguez told reporters.
The resolution cites, among others, that ABS-CBN passed the scrutiny of all state regulators, namely the Department of Justice (DOJ), the Bureau of Internal Revenue (BIR), the Department of Labor and Employment (DOLE), and the Securities and Exchange Commission (SEC).
“That Senate hearing, it was very good because you know it clearly showed Calida’s quo warranto had no basis in law," Rodriguez said.
Calida’s petition alleged, among others, that ABS-CBN violated the constitutional ban on foreign ownership in mass media by issuing Philippine Depository Receipts to foreigners, through its holding company.
Company executives, in response, told senators that the issuance of the financial instruments complied with the law.
Rodriguez said ABS-CBN’s franchise must also be extended because of the rule of equity, or substantial justice.
”By reason of the law of equity, it can go on, and past experiences also show that other franchises are allowed to go on because of equity," the lawmaker said.
Earlier, Justice Secretary Menardo Guevarra said ABS-CBN can still operate under "equity considerations" should its bid for a fresh 25-year franchise fail in Congress.
"May gap 'yong batas. Kaya we draw from equity considerations para fair. Para may substantial justice. Para walang agrabyado. As I've said, hindi naman kasalanan no'ng company na hindi pa naaaprubahan ng Kongreso 'yong kaniyang application," he said.
ABS-CBN can operate under 'equity considerations' if franchise lapses - DOJ
(There's a gap in the law. That's why we draw from equity considerations to be fair. So there will be substantial justice. So no one is put at a disadvantage. As I've said, it's not the company's fault that Congress has not approved its application.)
But Albay Rep. Edcel Lagman, who has been pushing for the renewal hearing at the House of Representatives, said the law of equity may not apply on the issue.
“The rule of equity does not apply when the law is clear. In the case of the ABS-CBN franchise, the law is clear. The law says that no one can engage in telecommunication enterprise without first acquiring a franchise and the act granting franchise ABS-CBN says it is good only up to 25 years from its effectivity,” Lagman said.
“When the law is clear, they apply the law.”
https://news.abs-cbn.com/news/02/26/20/lawmaker-files-resolution-seeking-to-extend-abs-cbn-franchise-until-may-2021
Wednesday, February 26, 2020
No time for ABS-CBN franchise in House? Solon says there is if leaders willed it
A member of the House of Representatives sought to dispute a claim there’s no time left for the chamber to take up the franchise renewal of broadcast giant ABS-CBN before Congress’ Lenten break, saying there would be time if the House leadership willed it.
Albay Rep. Edcel Lagman said on Tuesday (Feb. 25) that this was possible only if the House leadership was really intent on acting on several pending bills renewing the ABS-CBN franchise.
Lagman also stressed that House leaders cannot use lack of time because of the need to focus on priority bills as the reason for inaction on the ABS-CBN franchise. He said only four measures could be considered priority because these were mentioned by President Rodrigo Duterte in his last State of the Nation Address.
“The House leadership cannot claim that it is overwhelmed or besieged by pending priority bills because the Senate and the House leaderships after the Sona of the President, during the opening of the 18th Congress, had prioritized only four bills,” he said at a press briefing.
“So we have time if the leadership really wants to act on the bill,” Lagman said.
“There is time before that (break), six-session days more which we can devote to the approval of this measure,” he added.
According to Lagman, the four bills — the fifth tranche of the salary standardization law, the postponement of barangay elections, the creation of a Department of Overseas Filipino Workers, and free legal assistance for military personnel — have been acted upon by the House.
Both the salary standardization law and the suspension of barangay elections have been enacted into laws already.
“No other bills have been officially prioritized pending the convening of the legislative-executive development advisory council, the meeting of which has been long overdue,” he noted
Several House officials, including Speaker Alan Peter Cayetano, said that it is impossible to continuously discuss pending bills before ABS-CBN’s franchise expires on May 4 due to the scheduled Lenten break.
Cayetano previously said that he preferred to hear the ABS-CBN franchise issue in one full sweep rather than leaving cliffhangers while Congress is on Lenten break.
Cagayan de Oro Rep. Rufus Rodriguez and Cebu Rep. Raul Del Mar have filed joint resolutions calling for the extension of the ABS-CBN franchise for Lagman also said the bills being discussed by the House right now are local bills that have little national significance.
“Since the House is not preoccupied with major measures, its plenary sessions are currently devoted to privilege speeches and approval of local and private bills, and some general bills many of which have no, or little national consequence,” he said.
Aside from the expiration of its franchise, ABS-CBN is facing other problems, stemming from the Office of the Solicitor General’s quo warranto petition against it.
Duterte had been ranting against ABS-CBN and had declared opposition to the broadcast giant’s franchise renewal. Duterte has the power to concur with or veto proposed laws. A approve or veto would require two-thirds vote of Congress to override.
Duterte protested the alleged refusal by ABS-CBN in the 2016 campaign to air Duterte’s ads.
https://newsinfo.inquirer.net/1233793/no-time-for-house-lawmaker-insists-theres-plenty-of-time-to-discuss-abs-cbn-franchise
Albay Rep. Edcel Lagman said on Tuesday (Feb. 25) that this was possible only if the House leadership was really intent on acting on several pending bills renewing the ABS-CBN franchise.
Lagman also stressed that House leaders cannot use lack of time because of the need to focus on priority bills as the reason for inaction on the ABS-CBN franchise. He said only four measures could be considered priority because these were mentioned by President Rodrigo Duterte in his last State of the Nation Address.
“The House leadership cannot claim that it is overwhelmed or besieged by pending priority bills because the Senate and the House leaderships after the Sona of the President, during the opening of the 18th Congress, had prioritized only four bills,” he said at a press briefing.
“So we have time if the leadership really wants to act on the bill,” Lagman said.
“There is time before that (break), six-session days more which we can devote to the approval of this measure,” he added.
According to Lagman, the four bills — the fifth tranche of the salary standardization law, the postponement of barangay elections, the creation of a Department of Overseas Filipino Workers, and free legal assistance for military personnel — have been acted upon by the House.
Both the salary standardization law and the suspension of barangay elections have been enacted into laws already.
“No other bills have been officially prioritized pending the convening of the legislative-executive development advisory council, the meeting of which has been long overdue,” he noted
Several House officials, including Speaker Alan Peter Cayetano, said that it is impossible to continuously discuss pending bills before ABS-CBN’s franchise expires on May 4 due to the scheduled Lenten break.
Cayetano previously said that he preferred to hear the ABS-CBN franchise issue in one full sweep rather than leaving cliffhangers while Congress is on Lenten break.
Cagayan de Oro Rep. Rufus Rodriguez and Cebu Rep. Raul Del Mar have filed joint resolutions calling for the extension of the ABS-CBN franchise for Lagman also said the bills being discussed by the House right now are local bills that have little national significance.
“Since the House is not preoccupied with major measures, its plenary sessions are currently devoted to privilege speeches and approval of local and private bills, and some general bills many of which have no, or little national consequence,” he said.
Aside from the expiration of its franchise, ABS-CBN is facing other problems, stemming from the Office of the Solicitor General’s quo warranto petition against it.
Duterte had been ranting against ABS-CBN and had declared opposition to the broadcast giant’s franchise renewal. Duterte has the power to concur with or veto proposed laws. A approve or veto would require two-thirds vote of Congress to override.
Duterte protested the alleged refusal by ABS-CBN in the 2016 campaign to air Duterte’s ads.
https://newsinfo.inquirer.net/1233793/no-time-for-house-lawmaker-insists-theres-plenty-of-time-to-discuss-abs-cbn-franchise
House asks NTC to give ABS-CBN authority to operate as franchise nears expiry
The House Committee on Legislative Franchises has formally requested the National Telecommunications Commission to grant ABS-CBN a provisional authority to operate effective May 4 until the House of Representatives has made a decision on its franchise renewal application.
In a letter signed by the House panel chair Franz Alvarez and Speaker Alan Peter Cayetano, the NTC is also urged to issue the same provisional authority to operate to ABS-CBN's subsidiaries and/or affiliates whose franchise applications are also pending with the House panel, namely ABS-CBN Convergence, Inc., Sky Cable Corporation, and Amcara Broadcasting Network, Inc.
Alvarez and Cayetano informed the NTC that the House panel has already started its deliberations on the ABS-CBN franchise bills and asked concerned parties to submit position papers for or against the franchise application within 60 days from February 24.
They also asked the NTC to included in the respective provisional authorities the terms and conditions that need to be followed to ensure the protection of public interest consistent with applicable laws, rules, and regulations.
“As we have been saying from the start, since ABS-CBN will be allowed to continue its broadcast while we are hearing their renewal, there is no urgency that would justify a hasty proceeding. We want to be sure that this matter is given the importance it deserves," Cayetano said in a statement on Wednesday.
Currently, there are 11 bills filed at the House of Representatives seeking to renew the franchise of ABS-CBN.
On Monday, Alvarez announced the panel is now open to accepting position papers for or against the renewal of the ABS-CBN franchise, signalling the start of the proceedings of the chamber on the matter.
He said that once all positions papers have been taken into consideration, the panel can formally start deliberating on the ABS-CBN franchise renewal bills. This, however, could take place either in May or in August, after President Rodrigo Duterte's State of the Nation Address.—NB, GMA News
https://www.gmanetwork.com/news/money/companies/727456/house-asks-ntc-to-give-abs-cbn-authority-to-operate-as-franchise-nears-expiry/story/
In a letter signed by the House panel chair Franz Alvarez and Speaker Alan Peter Cayetano, the NTC is also urged to issue the same provisional authority to operate to ABS-CBN's subsidiaries and/or affiliates whose franchise applications are also pending with the House panel, namely ABS-CBN Convergence, Inc., Sky Cable Corporation, and Amcara Broadcasting Network, Inc.
Alvarez and Cayetano informed the NTC that the House panel has already started its deliberations on the ABS-CBN franchise bills and asked concerned parties to submit position papers for or against the franchise application within 60 days from February 24.
They also asked the NTC to included in the respective provisional authorities the terms and conditions that need to be followed to ensure the protection of public interest consistent with applicable laws, rules, and regulations.
“As we have been saying from the start, since ABS-CBN will be allowed to continue its broadcast while we are hearing their renewal, there is no urgency that would justify a hasty proceeding. We want to be sure that this matter is given the importance it deserves," Cayetano said in a statement on Wednesday.
Currently, there are 11 bills filed at the House of Representatives seeking to renew the franchise of ABS-CBN.
On Monday, Alvarez announced the panel is now open to accepting position papers for or against the renewal of the ABS-CBN franchise, signalling the start of the proceedings of the chamber on the matter.
He said that once all positions papers have been taken into consideration, the panel can formally start deliberating on the ABS-CBN franchise renewal bills. This, however, could take place either in May or in August, after President Rodrigo Duterte's State of the Nation Address.—NB, GMA News
https://www.gmanetwork.com/news/money/companies/727456/house-asks-ntc-to-give-abs-cbn-authority-to-operate-as-franchise-nears-expiry/story/
House asks NTC to let ABS-CBN operate pending franchise renewal
Metro Manila (CNN Philippines, February 26) — The House of Representatives has formally asked the National Telecommunications Commission to give ABS-CBN a provisional permit so it can continue operating pending the renewal of its franchise.
House Committee on Legislative Franchises chair Franz Alvarez sent the NTC a letter on Wednesday, duly confirmed by Speaker Alan Peter Cayetano. They enjoined NTC Commissioner Gamaliel Cordoba to grant ABS-CBN provisional authority to stay on air even after its franchise expires on May 4 until such time that the Congress decides on its application for a franchise renewal.
Cayetano and Alvarez also requested the same for ABS-CBN's subsidiaries and affiliates, including ABS-CBN Convergence, Sky Cable Corporation, and Amcara Broadcasting Network, Inc.
"Please include in their respective provisional authorities terms and conditions you deem appropriate to protect public interest consistent with applicable laws, rules, and regulations," the letter read.
Cayetano in a statement reiterated that the lower house cannot tackle ABS-CBN's franchise yet because it is still too busy with pressing concerns.
“As we have been saying from the start, since ABS-CBN will be allowed to continue its broadcast while we are hearing their renewal, there is no urgency that would justify a hasty proceeding," Cayetano said.
There are 12 House bills seeking to renew ABS-CBN's franchise, but all remain pending before the Committee on Legislative Franchises. Joint resolutions seeking to extend the Lopez-owned network's existing franchise until 2022 have also been filed in the House.
Presidential Spokesperson Salvador Panelo in a press briefing on Wednesday said that instead of a resolution, Congress should once and for all pass a measure granting ABS-CBN another franchise, so President Rodrigo Duterte can sign it into law.
Despite Duterte's public pronouncements against the network, Malacañang maintains he does not have anything to do with the delay in the legislative action on its franchise.
Senate resolution
A proposal for a concurrent resolution has also been filed in the Senate on Wednesday seeking the issuance of a provisional permit for ABS-CBN. Senate Concurrent Resolution No. 6, filed by Minority Leader Franklin Drilon, seeks the concurrence of the House "to express the sense of the Congress that ABS-CBN Corporation should be allowed to operate under the terms of its existing franchise pending final determination of the renewal of its franchise by the 18th Congress."
Drilon cited Justice Secretary Menardo Guevarra's statement that since Congress has the power to grant franchises, it also has the authority to determine the rights of an applicant, in this case, ABS-CBN.
Guevarra earlier told a Senate hearing that Congress, through a concurrent resolution, can authorize the NTC to grant ABS-CBN provisional authority, allowing it to continue operating even after its franchise expires in May. The NTC then said it would be easier for them to issue the temporary franchise if the order comes from Congress.
Senate President Vicente "Tito" Sotto III, however, said a concurrent resolution should no longer be necessary since the NTC has in the past granted provisional permits without Congress resolutions.
A 1994 agreement between the House, the NTC, and the media group Kapisanan ng mga Brodkaster ng Pilipinas provides a mechanism for media entities with expiring Congressional franchises. The memorandum of understanding states that the NTC "shall continue to issue and grant permits or authorizations to operate" for radio and TV stations for a two-year period as long as there is a pending bill seeking to renew its franchise.
However, former Chief Justice Reynato Puno said this could no longer be done, since a 2003 Supreme Court decision, which he himself penned, had ruled that there is a need for an existing license before a corporation can operate. This means the only way for ABS-CBN to keep operating is for Congress to finally renew its 25-year franchise; and a provisional permit from the NTC, even if allowed by Congress, would not be executory.
Drilon disagreed with Puno, saying Congress, like the Supreme Court, has the right to interpret the Constitution. "We should not be frozen into inaction by the decision of the Supreme Court," he said.
CNN Philippines' Xianne Arcangel contributed to this report.
https://cnnphilippines.com/news/2020/2/26/abs-cbn-franchise-provisional-permit-.html
House Committee on Legislative Franchises chair Franz Alvarez sent the NTC a letter on Wednesday, duly confirmed by Speaker Alan Peter Cayetano. They enjoined NTC Commissioner Gamaliel Cordoba to grant ABS-CBN provisional authority to stay on air even after its franchise expires on May 4 until such time that the Congress decides on its application for a franchise renewal.
Cayetano and Alvarez also requested the same for ABS-CBN's subsidiaries and affiliates, including ABS-CBN Convergence, Sky Cable Corporation, and Amcara Broadcasting Network, Inc.
"Please include in their respective provisional authorities terms and conditions you deem appropriate to protect public interest consistent with applicable laws, rules, and regulations," the letter read.
Cayetano in a statement reiterated that the lower house cannot tackle ABS-CBN's franchise yet because it is still too busy with pressing concerns.
“As we have been saying from the start, since ABS-CBN will be allowed to continue its broadcast while we are hearing their renewal, there is no urgency that would justify a hasty proceeding," Cayetano said.
There are 12 House bills seeking to renew ABS-CBN's franchise, but all remain pending before the Committee on Legislative Franchises. Joint resolutions seeking to extend the Lopez-owned network's existing franchise until 2022 have also been filed in the House.
Presidential Spokesperson Salvador Panelo in a press briefing on Wednesday said that instead of a resolution, Congress should once and for all pass a measure granting ABS-CBN another franchise, so President Rodrigo Duterte can sign it into law.
Despite Duterte's public pronouncements against the network, Malacañang maintains he does not have anything to do with the delay in the legislative action on its franchise.
Senate resolution
A proposal for a concurrent resolution has also been filed in the Senate on Wednesday seeking the issuance of a provisional permit for ABS-CBN. Senate Concurrent Resolution No. 6, filed by Minority Leader Franklin Drilon, seeks the concurrence of the House "to express the sense of the Congress that ABS-CBN Corporation should be allowed to operate under the terms of its existing franchise pending final determination of the renewal of its franchise by the 18th Congress."
Drilon cited Justice Secretary Menardo Guevarra's statement that since Congress has the power to grant franchises, it also has the authority to determine the rights of an applicant, in this case, ABS-CBN.
Guevarra earlier told a Senate hearing that Congress, through a concurrent resolution, can authorize the NTC to grant ABS-CBN provisional authority, allowing it to continue operating even after its franchise expires in May. The NTC then said it would be easier for them to issue the temporary franchise if the order comes from Congress.
Senate President Vicente "Tito" Sotto III, however, said a concurrent resolution should no longer be necessary since the NTC has in the past granted provisional permits without Congress resolutions.
A 1994 agreement between the House, the NTC, and the media group Kapisanan ng mga Brodkaster ng Pilipinas provides a mechanism for media entities with expiring Congressional franchises. The memorandum of understanding states that the NTC "shall continue to issue and grant permits or authorizations to operate" for radio and TV stations for a two-year period as long as there is a pending bill seeking to renew its franchise.
However, former Chief Justice Reynato Puno said this could no longer be done, since a 2003 Supreme Court decision, which he himself penned, had ruled that there is a need for an existing license before a corporation can operate. This means the only way for ABS-CBN to keep operating is for Congress to finally renew its 25-year franchise; and a provisional permit from the NTC, even if allowed by Congress, would not be executory.
Drilon disagreed with Puno, saying Congress, like the Supreme Court, has the right to interpret the Constitution. "We should not be frozen into inaction by the decision of the Supreme Court," he said.
CNN Philippines' Xianne Arcangel contributed to this report.
https://cnnphilippines.com/news/2020/2/26/abs-cbn-franchise-provisional-permit-.html
Scenarios: What's next for ABS-CBN's franchise after Senate hearing?
We tackle 4 scenarios for the beleaguered broadcasting company
ABS-CBN Corporation may continue to operate past its franchise expiration on May 4, but this would be – as what legal experts have described – standing on shaky ground.
At stake is press freedom, because the top broadcasting network is one of 3 media companies that President Rodrigo Duterte has targeted for closure since assuming power in 2016 – aside from the Philippine Daily Inquirer and Rappler. More than 11,000 ABS-CBN employees also stand to lose their jobs should the company be forced to cease operations after May 4.
A Senate hearing on Monday, February 24, presented regulatory and government agencies that cleared ABS-CBN of allegations it evaded taxes, abused its pay-per-view services, practiced unfair labor, and allowed foreign ownership.
Congress has around two weeks remaining before it adjourns on March 14. Legislators will be back on May 4, the same day ABS-CBN's 1995 franchise expires.
Republic Act 7966, which granted ABS-CBN's franchise, is set to expire 25 years from March 30, 1995. But since the law became effective only 15 days after its publication on April 19 that year, the justice department said the franchise actually expires on May 4, 2020.
Subsidiary ABS-CBN Convergence's franchise, meanwhile, was enacted on February 23, 1995 through Multi-Media Telephony. Convergence's current offering "ABS-CBN TVplus," where the pay-per-view "Kapamilya Box Office" can be availed of, is also the subject of Solicitor General Jose Calida's quo warranto petition in the Supreme Court. Its 25-year franchise is set to expire this year as well.
What happens now?
Scenario 1: NTC issues provisional broadcast permit
The National Telecommunications Commission (NTC), the agency responsible for issuing permits to allow broadcast operations, can allow ABS-CBN to operate as it awaits renewal of its franchise.
Senator Grace Poe, citing precedence, said NTC did not close down the telecommunications operations of Smart and PT&T when their franchises expired and as they waited for their renewal.
The same principle was applied when the Catholic Bishops' Conference of the Philippines' (CBCP) franchise lapsed, with NTC asking Congress for "guidance." In a February 2018 letter to the House of Representatives obtained by Rappler, NTC had to ask the lower chamber to apply the case of Smart and PT&T to CBCP's broadcast arm.
In the case of ABS-CBN, Justice Secretary Menardo Guevarra said that NTC can issue a provisional authority on the basis of "equity." He said this can be applied when there's a gap in the law. A retired chief justice disagrees, however.
"Hindi naman kasalanan ng company na hindi pa naa-aprubahan ng Kongreso 'yong kaniyang application (It's not the fault of the company if Congress has yet to approve its application)," said Guevarra in a chance interview on Monday.
Guevarra added that a concurrent resolution adopted by Congress – which does not need to be signed by the President – can be the basis for NTC's temporary permit.
Even then, NTC Commissioner Gamaliel Cordoba conceded this can be "withdrawn anytime," if alleged franchise violations are proven true.
Senate President Vicente Sotto III questioned the need for Congress' intervention when previous cases were allowed by NTC. "Why are they placing the burden on us? They should be decisive enough to act," Sotto said on Tuesday, February 25.
Scenario 2: Congress passes resolution allowing ABS-CBN to operate until 2022
Senators are not convinced that a "concurrent resolution" would provide ABS-CBN legal basis to operate without a new franchise.
A concurrent resolution, when adopted, does not have the effect of law, senators said. In the case of ABS-CBN, a concurrent resolution can be adopted in one congressional session, which merely conveys the sense of the two chambers about extending the media giant's franchise.
A joint resolution, on the other hand, follows the same approval process for a bill. It passess through the 3rd reading and requires the signature of the President. Like a bill, it has the effect of law. It is the route taken, for instance, whenever the validity of national budgets is extended.
So far, Senate Minority Leader Franklin Drilon and Cebu City 1st District Representative Raul del Mar have both filed joint resolutions seeking to extend the validity of ABS-CBN's franchise to 2022. Drilon wants it extended until December 31, 2022, while Del Mar proposed a shorter period, June 30, 2022.
Drilon stressed that while a concurrent resolution cannot be a "legal basis" for ABS-CBN to operate, he said he would still file one just to show and send the signal to NTC the Senate's position favoring the company's continued operations.
There are strictly around 7 session days left before Congress adjourns on March 14, but this is enough time for a concurrent resolution.
It would take a miracle, though, for a joint resolution to be passed within the period – from discussions at the committee level to deliberations, amendments, and final approval in the plenary.
The Drilon-led joint resolution has already been heard by Poe's Senate committee, while the House hasn't tabled its counterpart hearing. The House, however, started "proceedings" on Monday, February 24, by asking stakeholders to submit position papers on the renewal of ABS-CBN's franchise.
"Minsan may mirakulo din naman sa House of Representatives, na natatapos naman nila kaagad 'pag talagang priority measure. Normally, mahihirapan tayo lalong-lalo na 'pag isang isyu na pinag-uusapan na ganito, dahil mahaba-haba ang debate, pero baka naman sakaling mangyari 'yun," Poe said of the joint resolution.
(Sometimes the House of Representatives can work miracles, when they immediately pass a measure if it's priority. Normally, we encounter difficulties whenever we hear issues as huge as this, because the debates are long, but maybe it can happen.)
Scenario 3: Congress passes law renewing ABS-CBN's 25-year franchise
Congress passing the bill renewing ABS-CBN's franchise anytime soon seems unlikely, as the lower chamber's legislative franchise committee has not indicated it would fast-track the process.
Apart from presidential ire, no less than House Speaker Alan Peter Cayetano has an axe to grind against the media network, accusing it of unfair election coverage in the 2010 and 2016 elections. Cayetano even said that the House will schedule hearings on the franchise as late as "May or August."
But if Congress decides to act swiftly on the franchise bill when session resumes from May 4 to June 5, then all ABS-CBN has to do is to wait for the President to sign it.
After all, ABS-CBN's CEO has already apologized to the President. Duterte's aide, Senator Christopher "Bong" Go, also said he would "appeal" to the President for him to reconsider his stand against the company.
Should Duterte decide to approve or veto the measure, it would take a two-thirds vote from Congress to overturn it.
Scenario 4: ABS-CBN ceases operations after franchise expires
It's almost an unthinkable scenario.
Whether ABS-CBN will be allowed TV and radio operations between the time its franchise expires and the day it's finally renewed is still up for debate. But if NTC decides to just implement the President's wishes, then ABS-CBN and Convergence will have to stop operating after May 4.
While parent company ABS-CBN Holdings would still be able to survive sans the franchise, revenues would drop significantly. ABS-CBN Holdings has since diversified to cable, digital media, merchandise, and consumer experiences.
Based on its latest financial statement, ABS-CBN Holdings has consolidated revenues amounting to P32 billion for the first 3 quarters of 2019. More than half of that (P17.11 billion) came from advertising, while about a third (P10.22 billion) came from subscription revenues largely from SkyCable.
The non-renewal of the franchise will be bad for business. It will not be appetizing for investors, Philstocks head of research Jun Calaycay earlier told Rappler. (READ: ABS-CBN stocks fall after Duterte’s threats of not renewing franchise)
Government also stands to lose, based on ABS-CBN's previous years' tax payments, an average of P4.8 billion in corporate income taxes and roughly P1 billion in personal income taxes.
The Philippine Competition Commission also warned against ABS-CBN's closure, saying a less competitive environment would give undue advantage to the next biggest network, GMA, which may end up getting at most 55% of the total market share.
ABS-CBN's closure will also have a chilling effect on the media and the public. It is the same company, after all, that was shut down by dictator Ferdinand Marcos when he declared Martial Law in 1972.
https://www.rappler.com/newsbreak/iq/252688-scenarios-abs-cbn-franchise-after-senate-hearing
ABS-CBN Corporation may continue to operate past its franchise expiration on May 4, but this would be – as what legal experts have described – standing on shaky ground.
At stake is press freedom, because the top broadcasting network is one of 3 media companies that President Rodrigo Duterte has targeted for closure since assuming power in 2016 – aside from the Philippine Daily Inquirer and Rappler. More than 11,000 ABS-CBN employees also stand to lose their jobs should the company be forced to cease operations after May 4.
A Senate hearing on Monday, February 24, presented regulatory and government agencies that cleared ABS-CBN of allegations it evaded taxes, abused its pay-per-view services, practiced unfair labor, and allowed foreign ownership.
Congress has around two weeks remaining before it adjourns on March 14. Legislators will be back on May 4, the same day ABS-CBN's 1995 franchise expires.
Republic Act 7966, which granted ABS-CBN's franchise, is set to expire 25 years from March 30, 1995. But since the law became effective only 15 days after its publication on April 19 that year, the justice department said the franchise actually expires on May 4, 2020.
Subsidiary ABS-CBN Convergence's franchise, meanwhile, was enacted on February 23, 1995 through Multi-Media Telephony. Convergence's current offering "ABS-CBN TVplus," where the pay-per-view "Kapamilya Box Office" can be availed of, is also the subject of Solicitor General Jose Calida's quo warranto petition in the Supreme Court. Its 25-year franchise is set to expire this year as well.
What happens now?
Scenario 1: NTC issues provisional broadcast permit
The National Telecommunications Commission (NTC), the agency responsible for issuing permits to allow broadcast operations, can allow ABS-CBN to operate as it awaits renewal of its franchise.
Senator Grace Poe, citing precedence, said NTC did not close down the telecommunications operations of Smart and PT&T when their franchises expired and as they waited for their renewal.
The same principle was applied when the Catholic Bishops' Conference of the Philippines' (CBCP) franchise lapsed, with NTC asking Congress for "guidance." In a February 2018 letter to the House of Representatives obtained by Rappler, NTC had to ask the lower chamber to apply the case of Smart and PT&T to CBCP's broadcast arm.
In the case of ABS-CBN, Justice Secretary Menardo Guevarra said that NTC can issue a provisional authority on the basis of "equity." He said this can be applied when there's a gap in the law. A retired chief justice disagrees, however.
"Hindi naman kasalanan ng company na hindi pa naa-aprubahan ng Kongreso 'yong kaniyang application (It's not the fault of the company if Congress has yet to approve its application)," said Guevarra in a chance interview on Monday.
Guevarra added that a concurrent resolution adopted by Congress – which does not need to be signed by the President – can be the basis for NTC's temporary permit.
Even then, NTC Commissioner Gamaliel Cordoba conceded this can be "withdrawn anytime," if alleged franchise violations are proven true.
Senate President Vicente Sotto III questioned the need for Congress' intervention when previous cases were allowed by NTC. "Why are they placing the burden on us? They should be decisive enough to act," Sotto said on Tuesday, February 25.
Scenario 2: Congress passes resolution allowing ABS-CBN to operate until 2022
Senators are not convinced that a "concurrent resolution" would provide ABS-CBN legal basis to operate without a new franchise.
A concurrent resolution, when adopted, does not have the effect of law, senators said. In the case of ABS-CBN, a concurrent resolution can be adopted in one congressional session, which merely conveys the sense of the two chambers about extending the media giant's franchise.
A joint resolution, on the other hand, follows the same approval process for a bill. It passess through the 3rd reading and requires the signature of the President. Like a bill, it has the effect of law. It is the route taken, for instance, whenever the validity of national budgets is extended.
So far, Senate Minority Leader Franklin Drilon and Cebu City 1st District Representative Raul del Mar have both filed joint resolutions seeking to extend the validity of ABS-CBN's franchise to 2022. Drilon wants it extended until December 31, 2022, while Del Mar proposed a shorter period, June 30, 2022.
Drilon stressed that while a concurrent resolution cannot be a "legal basis" for ABS-CBN to operate, he said he would still file one just to show and send the signal to NTC the Senate's position favoring the company's continued operations.
There are strictly around 7 session days left before Congress adjourns on March 14, but this is enough time for a concurrent resolution.
It would take a miracle, though, for a joint resolution to be passed within the period – from discussions at the committee level to deliberations, amendments, and final approval in the plenary.
The Drilon-led joint resolution has already been heard by Poe's Senate committee, while the House hasn't tabled its counterpart hearing. The House, however, started "proceedings" on Monday, February 24, by asking stakeholders to submit position papers on the renewal of ABS-CBN's franchise.
"Minsan may mirakulo din naman sa House of Representatives, na natatapos naman nila kaagad 'pag talagang priority measure. Normally, mahihirapan tayo lalong-lalo na 'pag isang isyu na pinag-uusapan na ganito, dahil mahaba-haba ang debate, pero baka naman sakaling mangyari 'yun," Poe said of the joint resolution.
(Sometimes the House of Representatives can work miracles, when they immediately pass a measure if it's priority. Normally, we encounter difficulties whenever we hear issues as huge as this, because the debates are long, but maybe it can happen.)
Scenario 3: Congress passes law renewing ABS-CBN's 25-year franchise
Congress passing the bill renewing ABS-CBN's franchise anytime soon seems unlikely, as the lower chamber's legislative franchise committee has not indicated it would fast-track the process.
Apart from presidential ire, no less than House Speaker Alan Peter Cayetano has an axe to grind against the media network, accusing it of unfair election coverage in the 2010 and 2016 elections. Cayetano even said that the House will schedule hearings on the franchise as late as "May or August."
But if Congress decides to act swiftly on the franchise bill when session resumes from May 4 to June 5, then all ABS-CBN has to do is to wait for the President to sign it.
After all, ABS-CBN's CEO has already apologized to the President. Duterte's aide, Senator Christopher "Bong" Go, also said he would "appeal" to the President for him to reconsider his stand against the company.
Should Duterte decide to approve or veto the measure, it would take a two-thirds vote from Congress to overturn it.
Scenario 4: ABS-CBN ceases operations after franchise expires
It's almost an unthinkable scenario.
Whether ABS-CBN will be allowed TV and radio operations between the time its franchise expires and the day it's finally renewed is still up for debate. But if NTC decides to just implement the President's wishes, then ABS-CBN and Convergence will have to stop operating after May 4.
While parent company ABS-CBN Holdings would still be able to survive sans the franchise, revenues would drop significantly. ABS-CBN Holdings has since diversified to cable, digital media, merchandise, and consumer experiences.
Based on its latest financial statement, ABS-CBN Holdings has consolidated revenues amounting to P32 billion for the first 3 quarters of 2019. More than half of that (P17.11 billion) came from advertising, while about a third (P10.22 billion) came from subscription revenues largely from SkyCable.
The non-renewal of the franchise will be bad for business. It will not be appetizing for investors, Philstocks head of research Jun Calaycay earlier told Rappler. (READ: ABS-CBN stocks fall after Duterte’s threats of not renewing franchise)
Government also stands to lose, based on ABS-CBN's previous years' tax payments, an average of P4.8 billion in corporate income taxes and roughly P1 billion in personal income taxes.
The Philippine Competition Commission also warned against ABS-CBN's closure, saying a less competitive environment would give undue advantage to the next biggest network, GMA, which may end up getting at most 55% of the total market share.
ABS-CBN's closure will also have a chilling effect on the media and the public. It is the same company, after all, that was shut down by dictator Ferdinand Marcos when he declared Martial Law in 1972.
https://www.rappler.com/newsbreak/iq/252688-scenarios-abs-cbn-franchise-after-senate-hearing
Drilon files concurrent reso to allow ABS-CBN to operate pending franchise renewal
Senate Minority Leader Franklin Drilon filed on Wednesday a concurrent resolution that would allow ABS-CBN to continue to operate pending the renewal of its franchise.
Drilon filed Senate Concurrent Resolution No. 6 expressing the sense of the upper chamber that ABS-CBN Corp. “should be allowed to operate under the terms of its existing franchise pending final determination of the renewal of its franchise by the 18th Congress.”
The said resolution also seeks the issuance by the National Telecommunications Commission of the appropriate provisional authority to the media giant as bills on its franchise renewal remain pending in Congress.
https://newsinfo.inquirer.net/1233579/drilon-files-concurrent-reso-to-allow-abs-cbn-to-operate-pending-franchise-renewal
Drilon filed Senate Concurrent Resolution No. 6 expressing the sense of the upper chamber that ABS-CBN Corp. “should be allowed to operate under the terms of its existing franchise pending final determination of the renewal of its franchise by the 18th Congress.”
The said resolution also seeks the issuance by the National Telecommunications Commission of the appropriate provisional authority to the media giant as bills on its franchise renewal remain pending in Congress.
https://newsinfo.inquirer.net/1233579/drilon-files-concurrent-reso-to-allow-abs-cbn-to-operate-pending-franchise-renewal
Lawmaker says NTC approval not needed in franchise extension
ABS-CBN Corp. does not need provisional authority from the National Telecommunications Commission (NTC) to continue its operations once the House of Representatives and the Senate approved the joint resolution extending the validity of the network’s franchise until the end of the 18th Congress, a congressman said.
“There is no need to go to the NTC. Congress itself can extend, because it has absolute power and jurisdiction over franchises. But then, when there is an approval by the House and the Senate, it goes to the President for signature,” Cagayan de Oro Rep. Rufus B. Rodriguez, who chairs the House committee on constitutional amendments and vice chair of the committee on justice, said in a television interview on Tuesday.
His statement comes after Justice Secretary Menardo I. Guevarra said at a Senate hearing on Monday that Congress can file a resolution authorizing the NTC to issue a provisional authority to ABS-CBN.
Mr. Rodriguez said the joint resolution should already extend the media network’s franchise.
“What I would say is that the joint resolution should already extend it. We are in power to grant franchises. So therefore, our resolution would say you’re extended until we decide on the franchise extension,” he said.
Senate Minority Leader Franklin M. Drilon earlier filed a joint resolution seeking to extend the franchise of ABS-CBN until the end of the 18th Congress on June 30, 2022.
Cebu Rep. Raul V. del Mar also filed a similar bill in the House of Representatives on Feb. 18.
House Majority Leader and Leyte Rep. Ferdinand Martin G. Romualdez said in a statement that the House committee on rules “acted with dispatch” on Mr. del Mar’s House Joint Resolution (HJR) 28.
“It is now up to the Committee Chairman and Members to decide on how to dispose of the HJR No. 28, whether to prioritize it over a slew of ABS-CBN franchise extension bills filed separately by 11 other congressmen,” he said.
Mr. Romualdez asked stakeholders to “give the House committee on legislative franchises enough time to deliberate intelligently” on the media network’s franchise extension.
Mr. Rodriguez said that the quo warranto petition of Solicitor General Jose C. Calida “has no basis in fact and in law” after various officials clarified in the Senate hearing that the media network “has not committed any violation.”
“On all of this basis for the quo warranto petition of Calida, they were all debunked in that hearing where the responsible officials have already said that the ABS-CBN has not committed any violation. NTC, SEC (Security and Exchange Commission), BIR (Bureau of Internal Revenue) and the Department of Labor,” he said.
On Monday, ABS-CBN submitted its written reply to the Supreme Court on the quo warranto petition that was filed by the Solicitor General.
“The justices will read the submission of ABS-CBN and compare it to the petition. I am confident… that the Supreme Court will dismiss this case and not to give due course to the petition of SolGen Calida,” Mr. Rodriguez said.
There are currently 12 bills pending in the House committee on legislative franchises seeking to renew the franchise of the media network.
Palawan Rep. Franz E. Alvarez, who chairs the committee, said that the panel is open to receive position papers of the supporters and opposers of the media network’s franchise renewal.
He also added that formal hearings on the matter may start either in May or August.
ABS-CBN’s franchise will expire on May 4, 2020. Congress only has seven session days left before it adjourns for its Holy Week and Easter recess on March 13.
Meanwhile, Senate President Vicente C. Sotto III said the chamber should first settle the need for a concurrent resolution to extend the validity of the ABS-CBN franchise.
Mr. Sotto deemed it is not necessary, arguing Congress did not have to go through the same proceeding in similar cases prior.
“I’m just wondering why they want a resolution from us when in the previous expired franchises they never asked for one,” he told reporters via a phone message, Tuesday.
“Why are they placing the burden on us? They should be decisive enough to act.”
The NTC at Monday’s Senate hearing explained it is needed considering there is objection in the renewal of extension, citing the quo warranto petition.
When asked whether he will support the resolution Mr. Drilon plans to file on Wednesday, Mr. Sotto said “pag-uusapan muna (we will talk about it).”
Mr. Drilon clarified the concurrent resolution does not have the effect of a law, but will serve as basis for the NTC that Congress, whose mandate is to grant franchises, is allowing the network to continue its operations.
Also sought for comment, Senator Emmanuel Joel J. Villanueva supported the filing of the resolution to protect the livelihood of the more than 11,000 direct employees of ABS-CBN. — Genshen L. Espedido and Charmaine A. Tadalan
https://www.bworldonline.com/lawmaker-says-ntc-approval-not-needed-in-franchise-extension/
“There is no need to go to the NTC. Congress itself can extend, because it has absolute power and jurisdiction over franchises. But then, when there is an approval by the House and the Senate, it goes to the President for signature,” Cagayan de Oro Rep. Rufus B. Rodriguez, who chairs the House committee on constitutional amendments and vice chair of the committee on justice, said in a television interview on Tuesday.
His statement comes after Justice Secretary Menardo I. Guevarra said at a Senate hearing on Monday that Congress can file a resolution authorizing the NTC to issue a provisional authority to ABS-CBN.
Mr. Rodriguez said the joint resolution should already extend the media network’s franchise.
“What I would say is that the joint resolution should already extend it. We are in power to grant franchises. So therefore, our resolution would say you’re extended until we decide on the franchise extension,” he said.
Senate Minority Leader Franklin M. Drilon earlier filed a joint resolution seeking to extend the franchise of ABS-CBN until the end of the 18th Congress on June 30, 2022.
Cebu Rep. Raul V. del Mar also filed a similar bill in the House of Representatives on Feb. 18.
House Majority Leader and Leyte Rep. Ferdinand Martin G. Romualdez said in a statement that the House committee on rules “acted with dispatch” on Mr. del Mar’s House Joint Resolution (HJR) 28.
“It is now up to the Committee Chairman and Members to decide on how to dispose of the HJR No. 28, whether to prioritize it over a slew of ABS-CBN franchise extension bills filed separately by 11 other congressmen,” he said.
Mr. Romualdez asked stakeholders to “give the House committee on legislative franchises enough time to deliberate intelligently” on the media network’s franchise extension.
Mr. Rodriguez said that the quo warranto petition of Solicitor General Jose C. Calida “has no basis in fact and in law” after various officials clarified in the Senate hearing that the media network “has not committed any violation.”
“On all of this basis for the quo warranto petition of Calida, they were all debunked in that hearing where the responsible officials have already said that the ABS-CBN has not committed any violation. NTC, SEC (Security and Exchange Commission), BIR (Bureau of Internal Revenue) and the Department of Labor,” he said.
On Monday, ABS-CBN submitted its written reply to the Supreme Court on the quo warranto petition that was filed by the Solicitor General.
“The justices will read the submission of ABS-CBN and compare it to the petition. I am confident… that the Supreme Court will dismiss this case and not to give due course to the petition of SolGen Calida,” Mr. Rodriguez said.
There are currently 12 bills pending in the House committee on legislative franchises seeking to renew the franchise of the media network.
Palawan Rep. Franz E. Alvarez, who chairs the committee, said that the panel is open to receive position papers of the supporters and opposers of the media network’s franchise renewal.
He also added that formal hearings on the matter may start either in May or August.
ABS-CBN’s franchise will expire on May 4, 2020. Congress only has seven session days left before it adjourns for its Holy Week and Easter recess on March 13.
Meanwhile, Senate President Vicente C. Sotto III said the chamber should first settle the need for a concurrent resolution to extend the validity of the ABS-CBN franchise.
Mr. Sotto deemed it is not necessary, arguing Congress did not have to go through the same proceeding in similar cases prior.
“I’m just wondering why they want a resolution from us when in the previous expired franchises they never asked for one,” he told reporters via a phone message, Tuesday.
“Why are they placing the burden on us? They should be decisive enough to act.”
The NTC at Monday’s Senate hearing explained it is needed considering there is objection in the renewal of extension, citing the quo warranto petition.
When asked whether he will support the resolution Mr. Drilon plans to file on Wednesday, Mr. Sotto said “pag-uusapan muna (we will talk about it).”
Mr. Drilon clarified the concurrent resolution does not have the effect of a law, but will serve as basis for the NTC that Congress, whose mandate is to grant franchises, is allowing the network to continue its operations.
Also sought for comment, Senator Emmanuel Joel J. Villanueva supported the filing of the resolution to protect the livelihood of the more than 11,000 direct employees of ABS-CBN. — Genshen L. Espedido and Charmaine A. Tadalan
https://www.bworldonline.com/lawmaker-says-ntc-approval-not-needed-in-franchise-extension/
Tuesday, February 25, 2020
EXPLAINER: What are legal grounds for ABS-CBN to air after May 4?
There's a gap in the law, but there are legal grounds that authorities can use to possibly close it. But is this more political than legal?
As Congress and the Supreme Court tackle the franchise issues of ABS-CBN, there's a more pressing question for the TV giant – what will happen after May 4?
"There is a gap in the law," said Justice Secretary Menardo Guevarra at a Senate hearing on Monday, February 24.
And if there's a gap in the law, Guevarra said, one must follow the principle of equity.
What would that equitable solution be?
For Guevarra, it is a provisional permit that would come from the National Telecommunications Commission (NTC) but only if Congress allows it.
For opposition lawmakers both from the House and Senate, it would be for Congress to grant ABS-CBN a provisional franchise of up to 4 years.
Standing in the middle of those two opinions is a Supreme Court precedent – a case from 2003 that prohibits the NTC from giving a provisional permit without a franchise.
Which will prevail?
First let us explain the significance of May 4.
While the law that gave ABS-CBN its 25-year franchise – Republic Act No. 77966 – was enacted on March 30, 1995, it was published only on April 19. It took effect 15 days later or May 4.
That much is clear, according to Guevarra, who authoritatively told the Senate that the franchise will expire on May 4, and not March 30. This gives ABS-CBN a one-month breather and a longer lifeline.
Martial law background
Before we go into the issue of provisional permits, a historical background first.
In 1963, RA 3846 was passed into law requiring broadcasters to obtain a franchise from Congress before they can operate.
In 1974, or two years after proclaiming Martial Law, former president Ferdinand Marcos signed Presidential Decree No. 576-A that terminated all broadcasting franchises to make way for new ones. Broadcasters were required to comply with the dictator's stringent rules.
In 1979, Executive Order No. 546 was passed, creating the NTC and giving the Commission the power to give broadcasters a permit to operate.
RA 3846 and EO 546 created a clash – do broadcasters need a legislative franchise, or is NTC's permit to operate sufficient?
Fast forward to 1994.
A 1994 MOU
Broadcasters felt the brunt of that clash in the '90s.
In 1994, the House of Representatives, the NTC, and the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) entered into a Memorandum of Understanding (MOU) which said the NTC would give two-year provisional permits to broadcasters, provided that all of them apply for franchises before 1994 ended.
The MOU said it was an interim solution to the "pervading confusion in the state of affairs of the broadcast industry brought about by conflicting laws, decrees, executive orders and other pronouncements promulgated during the Martial Law regime."
Bayan Muna Representative Carlos Zarate said on Tuesday, February 25, that this MOU is actually sufficient for the NTC to give ABS-CBN a two-year provisional permit now without a need for a concurrent resolution.
However, the language of the MOU was time-bound; it gave broadcasters at the time the deadline of December 31, 1994 to apply for a franchise.
"In my opinion (the MOU) may have to be refreshed or replaced by a formal resolution of the House," said Guevarra.
Provisional permit as equity
Guevarra's solution is this: if the franchise is a legislative act, then why not just have a congressional resolution authorizing the NTC to provide a provisional permit?
"It is therefore respectfully submitted that the Congress, by a concurrent resolution, may authorize the National Telecommunications Commission to issue a provisional authority subject to such terms and conditions as the NTC may deem fit to ABS-CBN and other entities similarly situated," Guevarra told the Senate.
It would follow the law that franchises must be legislative, and also be equitable.
"Considerations of equity have apparently been applied in previous similar situations presented earlier, namely, among others, Smart Communications Inc, CBCP Inc, all of whom were allowed to operate despite expired franchises as long as applications for the renewal of their franchises were lodged with the Congress before the lapse of their term," said Guevarra.
2003 Supreme Court case
Former chief justice Reynato Puno, however, pointed to a 2003 Supreme Court (SC) case that says NTC cannot give a provisional permit to a broadcaster if it does not have a legislative franchise.
The Supreme Court, via a Puno ponencia, said that in the case ACWS vs NTC: "As long as the law remains unchanged, the requirement of a franchise to operate a television station must be upheld."
Explaining his ponencia, Puno told CNN Philippines' The Source: "We were unanimous in holding that there is need for a franchise before the NTC can grant a provisional permit. Without a franchise, the TV station concerned has to seize operations."
"cannot operate because of that decision by SC," Puno added.
Puno said that the grace period given to the likes of GMA-7, wherein they were allowed to continue operating while waiting for renewal, was just "mere tolerance."
"That practice cannot be sustained if you have a decision by SC, and you have a law saying you need a franchise," said Puno.
Puno, however, conceded that Guevarra's solution of a congressional concurrent resolution to authorize the NTC might work. "Certainly," the former chief justice said.
Legal or political?
But it seems Guevarra's solution is a workaround.
For former Supreme Court spokesperson Ted Te, the workaround is "superfluous."
"If Congress can come up with a joint resolution, why can't it immediately grant or extend the franchise in the interim?" Te said.
Te added that the best way would be for Congress to just extend ABS-CBN's franchise temporarily. This is also the suggestion of Senate Minority Leader Franklin Drilon, who feared that if the NTC is allowed to give a provisional permit, it can also withdraw the permit at any time.
And is a concurrent resolution really the most equitable, given that the House and Senate are clashing – the lower house stalling and the upper chamber being accused of holding unconstitutional hearings?
"I cannot speculate on that. As long as both Houses come out with the proper resolution, whether jointly or separately, that’s sufficient affirmation for the NTC to issue a provisional authority. Better than mere customary practice based on equity," said Guevarra.
Te said that equity is resorted to only when the law provides for nothing.
"The authority is legal – Congress has the sole authority – but the solution is political—as may be seen from the House’s foot dragging," Te said.
As for Guevarra, he is insistent on his solution, but would not put it down in a formal legal opinion, a document that carries great weight for executive agencies because it would be like the government lawyer signing off on a decision.
What he could provide, Guevarra said, is "guidance." The justice secretary also called it a "signal to everyone concerned."
With gaps in the law, and clashes in the legislative branch, will guidance and signals from President Rodrigo Duterte's alter ego command the course of action?
With the future of broadcasting and the media at stake, ABS-CBN holds its breath.
https://www.rappler.com/newsbreak/iq/252692-explainer-legal-grounds-can-abs-cbn-air-after-may-4-2020
As Congress and the Supreme Court tackle the franchise issues of ABS-CBN, there's a more pressing question for the TV giant – what will happen after May 4?
"There is a gap in the law," said Justice Secretary Menardo Guevarra at a Senate hearing on Monday, February 24.
And if there's a gap in the law, Guevarra said, one must follow the principle of equity.
What would that equitable solution be?
For Guevarra, it is a provisional permit that would come from the National Telecommunications Commission (NTC) but only if Congress allows it.
For opposition lawmakers both from the House and Senate, it would be for Congress to grant ABS-CBN a provisional franchise of up to 4 years.
Standing in the middle of those two opinions is a Supreme Court precedent – a case from 2003 that prohibits the NTC from giving a provisional permit without a franchise.
Which will prevail?
First let us explain the significance of May 4.
While the law that gave ABS-CBN its 25-year franchise – Republic Act No. 77966 – was enacted on March 30, 1995, it was published only on April 19. It took effect 15 days later or May 4.
That much is clear, according to Guevarra, who authoritatively told the Senate that the franchise will expire on May 4, and not March 30. This gives ABS-CBN a one-month breather and a longer lifeline.
Martial law background
Before we go into the issue of provisional permits, a historical background first.
In 1963, RA 3846 was passed into law requiring broadcasters to obtain a franchise from Congress before they can operate.
In 1974, or two years after proclaiming Martial Law, former president Ferdinand Marcos signed Presidential Decree No. 576-A that terminated all broadcasting franchises to make way for new ones. Broadcasters were required to comply with the dictator's stringent rules.
In 1979, Executive Order No. 546 was passed, creating the NTC and giving the Commission the power to give broadcasters a permit to operate.
RA 3846 and EO 546 created a clash – do broadcasters need a legislative franchise, or is NTC's permit to operate sufficient?
Fast forward to 1994.
A 1994 MOU
Broadcasters felt the brunt of that clash in the '90s.
In 1994, the House of Representatives, the NTC, and the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) entered into a Memorandum of Understanding (MOU) which said the NTC would give two-year provisional permits to broadcasters, provided that all of them apply for franchises before 1994 ended.
The MOU said it was an interim solution to the "pervading confusion in the state of affairs of the broadcast industry brought about by conflicting laws, decrees, executive orders and other pronouncements promulgated during the Martial Law regime."
Bayan Muna Representative Carlos Zarate said on Tuesday, February 25, that this MOU is actually sufficient for the NTC to give ABS-CBN a two-year provisional permit now without a need for a concurrent resolution.
However, the language of the MOU was time-bound; it gave broadcasters at the time the deadline of December 31, 1994 to apply for a franchise.
LOOK: Bayan Muna Rep Carlos Zarate shows copy of a 1994 memorandum of understanding among the House, the Kapisanan ng mga Brodkaster sa Pilipinas, and NTC allowing the latter to issue a temporary permit to operate to broadcast companies with pending franchise bills @rapplerdotcom pic.twitter.com/GyoZrvpOY1
— Mara Cepeda (@maracepeda) February 25, 2020
"In my opinion (the MOU) may have to be refreshed or replaced by a formal resolution of the House," said Guevarra.
Provisional permit as equity
Guevarra's solution is this: if the franchise is a legislative act, then why not just have a congressional resolution authorizing the NTC to provide a provisional permit?
"It is therefore respectfully submitted that the Congress, by a concurrent resolution, may authorize the National Telecommunications Commission to issue a provisional authority subject to such terms and conditions as the NTC may deem fit to ABS-CBN and other entities similarly situated," Guevarra told the Senate.
It would follow the law that franchises must be legislative, and also be equitable.
"Considerations of equity have apparently been applied in previous similar situations presented earlier, namely, among others, Smart Communications Inc, CBCP Inc, all of whom were allowed to operate despite expired franchises as long as applications for the renewal of their franchises were lodged with the Congress before the lapse of their term," said Guevarra.
2003 Supreme Court case
Former chief justice Reynato Puno, however, pointed to a 2003 Supreme Court (SC) case that says NTC cannot give a provisional permit to a broadcaster if it does not have a legislative franchise.
The Supreme Court, via a Puno ponencia, said that in the case ACWS vs NTC: "As long as the law remains unchanged, the requirement of a franchise to operate a television station must be upheld."
Explaining his ponencia, Puno told CNN Philippines' The Source: "We were unanimous in holding that there is need for a franchise before the NTC can grant a provisional permit. Without a franchise, the TV station concerned has to seize operations."
"cannot operate because of that decision by SC," Puno added.
Puno said that the grace period given to the likes of GMA-7, wherein they were allowed to continue operating while waiting for renewal, was just "mere tolerance."
"That practice cannot be sustained if you have a decision by SC, and you have a law saying you need a franchise," said Puno.
Puno, however, conceded that Guevarra's solution of a congressional concurrent resolution to authorize the NTC might work. "Certainly," the former chief justice said.
Legal or political?
But it seems Guevarra's solution is a workaround.
For former Supreme Court spokesperson Ted Te, the workaround is "superfluous."
"If Congress can come up with a joint resolution, why can't it immediately grant or extend the franchise in the interim?" Te said.
Te added that the best way would be for Congress to just extend ABS-CBN's franchise temporarily. This is also the suggestion of Senate Minority Leader Franklin Drilon, who feared that if the NTC is allowed to give a provisional permit, it can also withdraw the permit at any time.
And is a concurrent resolution really the most equitable, given that the House and Senate are clashing – the lower house stalling and the upper chamber being accused of holding unconstitutional hearings?
"I cannot speculate on that. As long as both Houses come out with the proper resolution, whether jointly or separately, that’s sufficient affirmation for the NTC to issue a provisional authority. Better than mere customary practice based on equity," said Guevarra.
Te said that equity is resorted to only when the law provides for nothing.
"The authority is legal – Congress has the sole authority – but the solution is political—as may be seen from the House’s foot dragging," Te said.
As for Guevarra, he is insistent on his solution, but would not put it down in a formal legal opinion, a document that carries great weight for executive agencies because it would be like the government lawyer signing off on a decision.
What he could provide, Guevarra said, is "guidance." The justice secretary also called it a "signal to everyone concerned."
With gaps in the law, and clashes in the legislative branch, will guidance and signals from President Rodrigo Duterte's alter ego command the course of action?
With the future of broadcasting and the media at stake, ABS-CBN holds its breath.
https://www.rappler.com/newsbreak/iq/252692-explainer-legal-grounds-can-abs-cbn-air-after-may-4-2020
Kalinga voters OK new village in Tabuk City
TABUK CITY, Kalinga – A new village called Lacnog West has officially been carved out of Barangay Lacnog after residents voted for its creation in a Feb. 22 plebiscite.
Lawyer Reyman Solbita, Tabuk City election officer, said Lacnog West joined 42 barangays when a majority of voters ratified Republic Act No. 11328 separating the sub villages of Guina-ang, Madopdop, Mallango, Lanlana, and San Pablo from Barangay Lacnog to form the new village.
The law was sponsored by Kalinga Rep. Allen Jesse Mangaoang and was signed into law by President Rodrigo Duterte on April 17, 2019.
The Tabuk board of canvassers declared that 2,381 Lacnog residents voted in favor of the separation, against 51 nay votes.
The law allows the governor to appoint the first set of officials of the new village who would hold office until successors are elected.
https://newsinfo.inquirer.net/1233261/kalinga-voters-ok-new-village-in-tabuk-city
Lawyer Reyman Solbita, Tabuk City election officer, said Lacnog West joined 42 barangays when a majority of voters ratified Republic Act No. 11328 separating the sub villages of Guina-ang, Madopdop, Mallango, Lanlana, and San Pablo from Barangay Lacnog to form the new village.
The law was sponsored by Kalinga Rep. Allen Jesse Mangaoang and was signed into law by President Rodrigo Duterte on April 17, 2019.
The Tabuk board of canvassers declared that 2,381 Lacnog residents voted in favor of the separation, against 51 nay votes.
The law allows the governor to appoint the first set of officials of the new village who would hold office until successors are elected.
https://newsinfo.inquirer.net/1233261/kalinga-voters-ok-new-village-in-tabuk-city
Speaker Cayetano seeks sober discussion of ABS-CBN franchise renewal
House Speaker Alan Peter "Compañero" Cayetano on Monday maintained that the House of Representatives will weigh the merits of the renewal of the franchise of media giant ABS-CBN in "a sober discussion through a committee hearing."
The Speaker vowed that the hearing will be organized and that issues to be raised will be made clear even before the hearing begins.
Speaker Cayetano maintained that the House is committed to impartially weigh the merits of the ABS-CBN franchise renewal.
"We want ABS to get or not get their franchise based on the merits and we can only go to the merits if we have a sober discussion through a committee hearing," he said.
The Speaker further clarified that the discussion includes "abuses" by the media of press freedom. "On trial here is not only ABS. Yes, the politicians vis-a-vis press freedom but also the journalists vis-a-vis press freedom. We all know that there are abuses on the politicians' side. But there are also abuses on the media side. So when can we think about that soberly? When can we discuss kailan mali na gamitin mo ang media for specific business interest or for a specific political interest? When is it fake news? When is it opinion? There is so much to discuss," he said.
He added that "truth and all, management, employees, and viewers will be given an opportunity to be heard."
"So I'm confident pag nakita nila ang takbo ng hearing dito sa House you will say, 'This is the way to do it,'" he said during a press conference.
Earlier in the day, House Committee on Legislative Franchises Chairperson Rep. Franz Alvarez (1st District, Palawan) stated that the panel will start accepting position papers from various stakeholders for or against the franchise renewal of ABS-CBN.
The Speaker also lauded ABS-CBN President and Chief Executive Officer Carlo Katigbak for expressing openness to discuss all the allegations posed against the media giant.
"It is obvious to us and we expected na sasabihin niya na ipaglalaban n'ya ang ABS-CBN and that ABS-CBN is about service. So that's well taken. But also it is well taken na sinabi n'yang 'We're not perfect,' and that they're willing to correct mistakes or listen if there are mistakes. That's the kind of discussion we need," the Speaker said.
In the meantime, Speaker Cayetano enjoined the parties involved, including Members of the House, to adopt the willingness of Katigbak to acknowledge and correct mistakes.
"I'm hoping when we come back in May, malamig na ang ulo ng lahat. I advise all of us to take the mindset of President Carlo Katigbak, President of ABS-CBN Corporation, na ipaglalaban niya ang values ng kanyang organization… but yung openness to hear where they can be better. At ganoon din sa amin sa Kongreso," he said.
http://www.congress.gov.ph/press/details.php?pressid=11826
The Speaker vowed that the hearing will be organized and that issues to be raised will be made clear even before the hearing begins.
Speaker Cayetano maintained that the House is committed to impartially weigh the merits of the ABS-CBN franchise renewal.
"We want ABS to get or not get their franchise based on the merits and we can only go to the merits if we have a sober discussion through a committee hearing," he said.
The Speaker further clarified that the discussion includes "abuses" by the media of press freedom. "On trial here is not only ABS. Yes, the politicians vis-a-vis press freedom but also the journalists vis-a-vis press freedom. We all know that there are abuses on the politicians' side. But there are also abuses on the media side. So when can we think about that soberly? When can we discuss kailan mali na gamitin mo ang media for specific business interest or for a specific political interest? When is it fake news? When is it opinion? There is so much to discuss," he said.
He added that "truth and all, management, employees, and viewers will be given an opportunity to be heard."
"So I'm confident pag nakita nila ang takbo ng hearing dito sa House you will say, 'This is the way to do it,'" he said during a press conference.
Earlier in the day, House Committee on Legislative Franchises Chairperson Rep. Franz Alvarez (1st District, Palawan) stated that the panel will start accepting position papers from various stakeholders for or against the franchise renewal of ABS-CBN.
The Speaker also lauded ABS-CBN President and Chief Executive Officer Carlo Katigbak for expressing openness to discuss all the allegations posed against the media giant.
"It is obvious to us and we expected na sasabihin niya na ipaglalaban n'ya ang ABS-CBN and that ABS-CBN is about service. So that's well taken. But also it is well taken na sinabi n'yang 'We're not perfect,' and that they're willing to correct mistakes or listen if there are mistakes. That's the kind of discussion we need," the Speaker said.
In the meantime, Speaker Cayetano enjoined the parties involved, including Members of the House, to adopt the willingness of Katigbak to acknowledge and correct mistakes.
"I'm hoping when we come back in May, malamig na ang ulo ng lahat. I advise all of us to take the mindset of President Carlo Katigbak, President of ABS-CBN Corporation, na ipaglalaban niya ang values ng kanyang organization… but yung openness to hear where they can be better. At ganoon din sa amin sa Kongreso," he said.
http://www.congress.gov.ph/press/details.php?pressid=11826
ABS-CBN may operate sans franchise with congressional nod
By Vann Marlo M. Villegas and Charmaine A. Tadalan
Reporters
A BROADCASTING giant critical of President Rodrigo R. Duterte may continue operating pending its application for a franchise renewal, the Justice department told senators on Monday.
Congress can file a resolution authorizing the National Telecommunications Commission (NTC) to issue a provisional authority to ABS-CBN Corp., whose franchise is expiring on May 4, Justice Secretary Menardo I. Guevarra said at a hearing on alleged violations of its franchise.
“Congress, by a concurrent resolution, may authorize the NTC to issue a provisional authority — subject to such terms and conditions the NTC may deem fit — to ABS-CBN,” he said.
Mr. Guevarra said the law is silent on whether a franchise holder can operate pending a congressional hearing on the renewal of its permit. “When there is a gap in the law, equity comes in to fill the gap,” he added, citing the need for “substantial justice.”
The NTC last week sought a legal opinion from the Justice department on whether ABS-CBN can operate once its franchise expires.
Mr. Guevarra said the agency was not inclined to issue an opinion when a private company is involved, adding that legal opinions usually cover only government agencies.
“Our legal opinion will not be binding on a private company, which may actually go to court to have the matter resolved,” he told reporters after the Senate committee on public services hearing.
Mr. Guevarra also corrected earlier news reports that said the media network’s franchise was expiring on March 30.
The law that authorized ABS-CBN to operate for 25 years was enacted on March 30, 1995, but it only took effect 15 days after it was published in a newspaper.
“The franchise was published on April 19, 1995. For that reason, the franchise will expire on May 4, 2020,” he said.
Several bills seeking to renew the network’s franchise have been filed in both Houses of Congress.
Solicitor General Jose C. Calida has asked the Supreme Court to revoke ABS-CBN’s franchise, accusing it of “highly abusive practices.”
The broadcaster allegedly used an “elaborately crafted corporate veil” to allow foreign investors to take part in its ownership.
The company allegedly violated the ownership restriction when it issued Philippine depositary receipts to foreigners. The financial instruments allow foreign funds to buy into the company, allowing it to raise funds globally.
ABS-CBN also went beyond the scope of its legislative franchise by “broadcasting for a fee,” Mr. Calida said. The company allegedly launched and operated a pay-per-view channel in ABS-CBN TV Plus, the KBO Channel, without regulatory approval.
Unit ABS-CBN Convergence, Inc. had also resorted to an “ingenious corporate layering scheme” in order to transfer its franchise without congressional approval, he said.
It also failed to list its shares on the Philippine Stock Exchange within five years, which was a condition of its franchise, Mr. Calida said.
The media network, which Mr. Duterte accused in 2017 of swindling after it allegedly refused to run political ads he had paid for during the 2016 presidential campaign, has denied the allegations.
NO VIOLATIONS
At yesterday’s Senate hearing, regulators cleared ABS-CBN of alleged violations of its franchise.
NTC, Bureau of Internal Revenue and Securities and Exchange Commission (SEC) officials told senators the network had no pending violations or complaints from third parties.
NTC Commissioner Gamaliel Cordoba noted that in the past, franchise holders whose permits have expired had been allowed to continue operating even without a provisional authority.
He noted, however, that given the solicitor general’s quo warranto lawsuit against ABS-CBN, they deemed it prudent to seek advice from the Justice department.
SEC Commissioner Ephyro Luis B. Amatong also cleared the network, saying he was not aware of any violations or complaints against the network.
“As far as the ABS-CBN account is concerned, they are regularly filing and paying their taxes for the past number of years,” said Roberto A. Baquiran, chief of the BIR’s National Investigation Division.
The broadcaster has paid P14.4 billion from 2016 to 2019, covering all national revenues except the 2019 corporate income tax due in April, he said.
Senator Ralph G. Recto said the broadcaster should have been fined if it had violated the law instead of forcing its shutdown.
“You are the regulator and you are not complaining of any penalty,” he told telecommunication officials. “And here we are talking of the possibility of closing ABS-CBN.”
At the hearing, ABS-CBN President and Chief Executive Officer Carlo L. Katigbak admitted that of the P65 million worth of local ads placed by Mr. Duterte during the 2016 presidential campaign, the network had failed to broadcast P7 million worth of ads for lack of time.
“Of the P7 million, we refunded approximately P4 million and that was accepted,” Mr. Katigbak said. “We were delayed in refunding the P2.6 million and that was no longer accepted.”
Also at yesterday’s hearing, the Philippine Competition Commission (PCC) said shutting down ABS-CBN, leaving the three other major media companies to control the market, might be a cause for concern.
PCC Commissioner Johannes Benjamin R. Bernabe said 89% of the market is controlled by ABS-CBN, GMA Network, TV5 and Nine Media. ABS-CBN has a market share of 31-44%, while GMA has 34-46%.
GMA Network could end up swallowing a portion of ABS-CBN’s market share, he said.
“In other jurisdictions, an increasing market share of at least 10% raises a red flag in terms of competition,” he said. “We will have to assess it in a case-to-case basis in the context of the Philippine market.”
Meanwhile, Palawan Rep. Franz E. Alvarez, chairman of the House committee on legislative franchises, said formal hearings on ABS-CBN’s franchise may start either in May or August.
“Maaaring sa May na po ito o sa August na talaga kasi maraming marami po talaga. Hindi po ito kayang matapos agad (We may start in May or August because we have a lot of work. We cannot finish this immediately),” he said in a radio interview on Monday. — with inputs from Genshen L. Espedido
https://www.bworldonline.com/abs-cbn-may-operate-sans-franchise-with-congressional-nod/
Reporters
A BROADCASTING giant critical of President Rodrigo R. Duterte may continue operating pending its application for a franchise renewal, the Justice department told senators on Monday.
Congress can file a resolution authorizing the National Telecommunications Commission (NTC) to issue a provisional authority to ABS-CBN Corp., whose franchise is expiring on May 4, Justice Secretary Menardo I. Guevarra said at a hearing on alleged violations of its franchise.
“Congress, by a concurrent resolution, may authorize the NTC to issue a provisional authority — subject to such terms and conditions the NTC may deem fit — to ABS-CBN,” he said.
Mr. Guevarra said the law is silent on whether a franchise holder can operate pending a congressional hearing on the renewal of its permit. “When there is a gap in the law, equity comes in to fill the gap,” he added, citing the need for “substantial justice.”
The NTC last week sought a legal opinion from the Justice department on whether ABS-CBN can operate once its franchise expires.
Mr. Guevarra said the agency was not inclined to issue an opinion when a private company is involved, adding that legal opinions usually cover only government agencies.
“Our legal opinion will not be binding on a private company, which may actually go to court to have the matter resolved,” he told reporters after the Senate committee on public services hearing.
Mr. Guevarra also corrected earlier news reports that said the media network’s franchise was expiring on March 30.
The law that authorized ABS-CBN to operate for 25 years was enacted on March 30, 1995, but it only took effect 15 days after it was published in a newspaper.
“The franchise was published on April 19, 1995. For that reason, the franchise will expire on May 4, 2020,” he said.
Several bills seeking to renew the network’s franchise have been filed in both Houses of Congress.
Solicitor General Jose C. Calida has asked the Supreme Court to revoke ABS-CBN’s franchise, accusing it of “highly abusive practices.”
The broadcaster allegedly used an “elaborately crafted corporate veil” to allow foreign investors to take part in its ownership.
The company allegedly violated the ownership restriction when it issued Philippine depositary receipts to foreigners. The financial instruments allow foreign funds to buy into the company, allowing it to raise funds globally.
ABS-CBN also went beyond the scope of its legislative franchise by “broadcasting for a fee,” Mr. Calida said. The company allegedly launched and operated a pay-per-view channel in ABS-CBN TV Plus, the KBO Channel, without regulatory approval.
Unit ABS-CBN Convergence, Inc. had also resorted to an “ingenious corporate layering scheme” in order to transfer its franchise without congressional approval, he said.
It also failed to list its shares on the Philippine Stock Exchange within five years, which was a condition of its franchise, Mr. Calida said.
The media network, which Mr. Duterte accused in 2017 of swindling after it allegedly refused to run political ads he had paid for during the 2016 presidential campaign, has denied the allegations.
NO VIOLATIONS
At yesterday’s Senate hearing, regulators cleared ABS-CBN of alleged violations of its franchise.
NTC, Bureau of Internal Revenue and Securities and Exchange Commission (SEC) officials told senators the network had no pending violations or complaints from third parties.
NTC Commissioner Gamaliel Cordoba noted that in the past, franchise holders whose permits have expired had been allowed to continue operating even without a provisional authority.
He noted, however, that given the solicitor general’s quo warranto lawsuit against ABS-CBN, they deemed it prudent to seek advice from the Justice department.
SEC Commissioner Ephyro Luis B. Amatong also cleared the network, saying he was not aware of any violations or complaints against the network.
“As far as the ABS-CBN account is concerned, they are regularly filing and paying their taxes for the past number of years,” said Roberto A. Baquiran, chief of the BIR’s National Investigation Division.
The broadcaster has paid P14.4 billion from 2016 to 2019, covering all national revenues except the 2019 corporate income tax due in April, he said.
Senator Ralph G. Recto said the broadcaster should have been fined if it had violated the law instead of forcing its shutdown.
“You are the regulator and you are not complaining of any penalty,” he told telecommunication officials. “And here we are talking of the possibility of closing ABS-CBN.”
At the hearing, ABS-CBN President and Chief Executive Officer Carlo L. Katigbak admitted that of the P65 million worth of local ads placed by Mr. Duterte during the 2016 presidential campaign, the network had failed to broadcast P7 million worth of ads for lack of time.
“Of the P7 million, we refunded approximately P4 million and that was accepted,” Mr. Katigbak said. “We were delayed in refunding the P2.6 million and that was no longer accepted.”
Also at yesterday’s hearing, the Philippine Competition Commission (PCC) said shutting down ABS-CBN, leaving the three other major media companies to control the market, might be a cause for concern.
PCC Commissioner Johannes Benjamin R. Bernabe said 89% of the market is controlled by ABS-CBN, GMA Network, TV5 and Nine Media. ABS-CBN has a market share of 31-44%, while GMA has 34-46%.
GMA Network could end up swallowing a portion of ABS-CBN’s market share, he said.
“In other jurisdictions, an increasing market share of at least 10% raises a red flag in terms of competition,” he said. “We will have to assess it in a case-to-case basis in the context of the Philippine market.”
Meanwhile, Palawan Rep. Franz E. Alvarez, chairman of the House committee on legislative franchises, said formal hearings on ABS-CBN’s franchise may start either in May or August.
“Maaaring sa May na po ito o sa August na talaga kasi maraming marami po talaga. Hindi po ito kayang matapos agad (We may start in May or August because we have a lot of work. We cannot finish this immediately),” he said in a radio interview on Monday. — with inputs from Genshen L. Espedido
https://www.bworldonline.com/abs-cbn-may-operate-sans-franchise-with-congressional-nod/
Congress holds key to ABS-CBN franchise
CONGRESS could come up with a resolution authorizing the National Telecommunications Commission (NTC) to issue a temporary permit so that ABS-CBN Corp. could continue operating if lawmakers fail to renew its franchise this year, Justice Secretary Menardo Guevarra said on Monday.
Guevarra made the point during the Senate inquiry to determine if the media giant violated its franchise. He clarified that the franchise expires on May 4, not on March 30, as was widely believed.
He said based on the principle of equity or fairness, ABS-CBN could still operate even after its 25-year franchise expires.
This can happen if the Senate passes a concurrent resolution authorizing the NTC to issue a provisional permit to ABS-CBN based on “equitable considerations.”
Guevarra pointed this out after Sen. Mary Grace Poe, chairman of the Senate Committee on Public Services, enumerated instances when the NTC allowed franchise holders to continue to operate after the expiration of their permits.
She said the franchise of another broadcast network, GMA, lapsed on March 20, 2017, but the renewal was signed on April 21, 2017.
Similarly, TV5’s franchise expired in December 2019, but the network ran under a temporary permit until April 2019.
Poe said the radio franchise of the Catholic Bishops’ Conference of the Philippines expired in 2017, but the renewal was signed only in 2019.
Interviewed after the hearing, Guevarra said the NTC has no basis in granting provisional authority, but it has long been the practice.
The practice was merely rooted in equitable considerations “that’s why it would be better to have a basis,” he added.
He said it does not matter if the resolution is a joint one or not. “The important thing is there is a basis.”
During the hearing, Guevarra made it clear that “when there is a gap in the law, equity comes in to fill the gap. Equity is the principle by which substantial justice may be attained in cases where the prescribed and customary forms of ordinary laws are inadequate.”
In explaining that ABS-CBN’s franchise will expire on May 4, Guevarra noted that Section 15 of Republic Act 7966, the law that approved the franchise, provides that the approval became effective 15 days from date of publication in at least two newspapers of general publication.
“Based on facts available to us, the franchise was published on April 19, 1995. For that reason the franchise will expire on May 4, 2020,” he said.
During the hearing, Sen. Ana Theresia “Risa” Hontiveros urged the network’s leadership to prioritize the welfare of its workers by regularizing their contractual employees.
“We need a pro-worker franchise,” she said as she compelled ABS-CBN to commit to improving labor practices, settling contractualization issues and providing job security to workers once the franchise is renewed.
Only 300 of ABS-CBN’s 7,000 regular employees are union members. The rest, classified as confidential employees, enjoy wages that are 50 percent higher than union members.
Jobs
Mario Carlo Nepomuceno, head of the ABS-CBN Corporate Services Department, said apart from the regular employees, other workers such as those under the ABS-CBN Foundation and the ABS-CBN Global would lose their jobs once ABS-CBN ceases operations.
“Kapag nawala po ang funding at donasyon mula sa ABS-CBN foundation, malamang po ang 400 employees ng ABS-CBN Foundation ay mawawalan na ng trabaho, ganun din po ang nasa ABS-CBN Global that transmit through its Filipino Channel abroad the various programs of the network,” he continued.
Carlo Katigbak, ABS-CBN president and chief executive officer, who was also at the hearing, said during the period of its franchise, the network delivered a service that was meaningful and valuable to the Filipino people.
“Our TV shows entertain, inform and inspire our audience, and, in a recent Pulse Asia survey, 70 percent of all Filipinos tuned in to ABS-CBN last year. That to us is a validation that the shows we produce remain important and relevant to the public,” he added.
“While our commitment to serve is genuine, we also acknowledge that we are not a perfect organization. Where we have shortcomings, we acknowledge them, and we work to correct them,” he said.
Katigbak stressed that ABS-CBN did not break the law or violated any of the provisions of its franchise. WITH JAVIER JOE ISMAEL
https://www.manilatimes.net/2020/02/25/news/headlines/congress-holds-key-to-abs-cbn-franchise/695963/
Guevarra made the point during the Senate inquiry to determine if the media giant violated its franchise. He clarified that the franchise expires on May 4, not on March 30, as was widely believed.
He said based on the principle of equity or fairness, ABS-CBN could still operate even after its 25-year franchise expires.
This can happen if the Senate passes a concurrent resolution authorizing the NTC to issue a provisional permit to ABS-CBN based on “equitable considerations.”
Guevarra pointed this out after Sen. Mary Grace Poe, chairman of the Senate Committee on Public Services, enumerated instances when the NTC allowed franchise holders to continue to operate after the expiration of their permits.
She said the franchise of another broadcast network, GMA, lapsed on March 20, 2017, but the renewal was signed on April 21, 2017.
Similarly, TV5’s franchise expired in December 2019, but the network ran under a temporary permit until April 2019.
Poe said the radio franchise of the Catholic Bishops’ Conference of the Philippines expired in 2017, but the renewal was signed only in 2019.
Interviewed after the hearing, Guevarra said the NTC has no basis in granting provisional authority, but it has long been the practice.
The practice was merely rooted in equitable considerations “that’s why it would be better to have a basis,” he added.
He said it does not matter if the resolution is a joint one or not. “The important thing is there is a basis.”
During the hearing, Guevarra made it clear that “when there is a gap in the law, equity comes in to fill the gap. Equity is the principle by which substantial justice may be attained in cases where the prescribed and customary forms of ordinary laws are inadequate.”
In explaining that ABS-CBN’s franchise will expire on May 4, Guevarra noted that Section 15 of Republic Act 7966, the law that approved the franchise, provides that the approval became effective 15 days from date of publication in at least two newspapers of general publication.
“Based on facts available to us, the franchise was published on April 19, 1995. For that reason the franchise will expire on May 4, 2020,” he said.
During the hearing, Sen. Ana Theresia “Risa” Hontiveros urged the network’s leadership to prioritize the welfare of its workers by regularizing their contractual employees.
“We need a pro-worker franchise,” she said as she compelled ABS-CBN to commit to improving labor practices, settling contractualization issues and providing job security to workers once the franchise is renewed.
Only 300 of ABS-CBN’s 7,000 regular employees are union members. The rest, classified as confidential employees, enjoy wages that are 50 percent higher than union members.
Jobs
Mario Carlo Nepomuceno, head of the ABS-CBN Corporate Services Department, said apart from the regular employees, other workers such as those under the ABS-CBN Foundation and the ABS-CBN Global would lose their jobs once ABS-CBN ceases operations.
“Kapag nawala po ang funding at donasyon mula sa ABS-CBN foundation, malamang po ang 400 employees ng ABS-CBN Foundation ay mawawalan na ng trabaho, ganun din po ang nasa ABS-CBN Global that transmit through its Filipino Channel abroad the various programs of the network,” he continued.
Carlo Katigbak, ABS-CBN president and chief executive officer, who was also at the hearing, said during the period of its franchise, the network delivered a service that was meaningful and valuable to the Filipino people.
“Our TV shows entertain, inform and inspire our audience, and, in a recent Pulse Asia survey, 70 percent of all Filipinos tuned in to ABS-CBN last year. That to us is a validation that the shows we produce remain important and relevant to the public,” he added.
“While our commitment to serve is genuine, we also acknowledge that we are not a perfect organization. Where we have shortcomings, we acknowledge them, and we work to correct them,” he said.
Katigbak stressed that ABS-CBN did not break the law or violated any of the provisions of its franchise. WITH JAVIER JOE ISMAEL
https://www.manilatimes.net/2020/02/25/news/headlines/congress-holds-key-to-abs-cbn-franchise/695963/
Monday, February 24, 2020
ABS-CBN answers Calida's quo warranto petition vs franchise
ABS-CBN Corp. and its subsidiary ABS-CBN Convergence Inc. answered allegations of violations against its franchise thrown by Solicitor General Jose Calida on Monday.
The network giant filed the comment on the Office of the Solicitor General's quo warranto petition before the Supreme Court on Monday, the same morning that the Senate hears bills calling for franchise renewal of the network and looks into supposed violations against its franchise law.
A copy of the comment however has yet to be made public as of this story’s posting.
Solicitor General Jose Calida accused the network of violating Republic Act 7966, its franchise law, and RA 8332, which granted a franchise to Multi-Media Telephony.
He said in a statement released on the day of filing: “We want to put an end to what we discovered to be highly abusive practices of ABS-CBN benefitting a greedy few at the expense of millions of its loyal subscribers. These practices have gone unnoticed or were disregarded for years.”
Calida accused the network of foreign ownership through the issuance of Philippine Depositary Receipts, financial tools that give foreign investors a passive economic ownership restriction in a Philippine company.
He also said that the ABS-CBN is operating its Kapamilya Box Office Channel without permit from the National Telecommunications Commission.
ABS-CBN Convergence, the network’s subsidiary, is accused of resorting to “corporate layering” for using the franchise of Multi-media Telephony without Congressional approval.
The network, in an earlier released statement, denied all the allegations and asserted that it does not violate the laws.
This is a developing story.
https://www.philstar.com/headlines/2020/02/24/1995701/abs-cbn-answers-calidas-quo-warranto-petition-vs-franchise
The network giant filed the comment on the Office of the Solicitor General's quo warranto petition before the Supreme Court on Monday, the same morning that the Senate hears bills calling for franchise renewal of the network and looks into supposed violations against its franchise law.
A copy of the comment however has yet to be made public as of this story’s posting.
Solicitor General Jose Calida accused the network of violating Republic Act 7966, its franchise law, and RA 8332, which granted a franchise to Multi-Media Telephony.
He said in a statement released on the day of filing: “We want to put an end to what we discovered to be highly abusive practices of ABS-CBN benefitting a greedy few at the expense of millions of its loyal subscribers. These practices have gone unnoticed or were disregarded for years.”
Calida accused the network of foreign ownership through the issuance of Philippine Depositary Receipts, financial tools that give foreign investors a passive economic ownership restriction in a Philippine company.
He also said that the ABS-CBN is operating its Kapamilya Box Office Channel without permit from the National Telecommunications Commission.
ABS-CBN Convergence, the network’s subsidiary, is accused of resorting to “corporate layering” for using the franchise of Multi-media Telephony without Congressional approval.
The network, in an earlier released statement, denied all the allegations and asserted that it does not violate the laws.
This is a developing story.
https://www.philstar.com/headlines/2020/02/24/1995701/abs-cbn-answers-calidas-quo-warranto-petition-vs-franchise
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