Former Supreme Court Chief Justice (CJ) Reynato Puno and Senator Franklin Drilon asserted that ABS-CBN could no longer operate after March 30, 2020 without a new franchise.
In a One News report yesterday, February 21, Puno said it was in line with the February 2003 Supreme Court decision on the case of Associated Communications & Wireless Services United Broadcasting Network, Inc. (ACWS) against the National Telecommunications Commission (NTC).
The SC has not allowed the ACWS to broadcast without a new legislative franchise from Congress.
This is also the view of the former Chief Justice in the ABS-CBN franchise case ending March 30.
Puno said: “This ABS-CBN, if the franchise expires, cannot get from the National Telecommunications Commission the authority to operate after the expiration of the franchise.
“The National Telecommunications Commission does not have that power.”
He added: “While Congress is taking time in deliberating whether to grant or not to grant a new franchise to ABS-CBN, I would like to think that it has only subsidiary powers and one of those subsidiary powers is to preserve the status quo .
“That sounds like a judiciary, too. For example, the Supreme Court assumes jurisdiction over a case, or does it have the power to issue TRO or other lesser writs, as well. ”
Puno served as Chief Justice of the country from December 2006 to May 2010.
SENATOR DRILON ECHOES WITH OPINION
In Senator Franklin Drilon's interview with Karen Davila on the ANC's Headstart program yesterday, lawmakers questioned Puno's remarks.
This is contrary to the view of some lawmakers who said that ABS-CBN could still operate even if its franchise expired.
Some lawmakers say the network franchise could be extended until 2022 if Congress fails to grant it a new legislative franchise before March 30.
Senator Drilon said: "The Supreme Court has squarely ruled that a franchisee cannot anymore operate as a broadcast station if there is no longer a franchise.
"Of course, there is this view [from politicians], but you are taking a risk that the Supreme Court will rule otherwise as it has ruled in some cases."
Drilon also said that the law does not allow the NTC to issue a temporary operations permit at a fire station.
The senator said he suspected a state regulator on ABS-CBN because the NTC was under the Office of the President.
President Rodrigo Duterte has repeatedly threatened to block any bill that would provide a new franchise to the Kapamilya network.
This is why Senator Drilon has filed a joint resolution in the Senate aimed at extending the ABS-CBN franchise until 2022.
“It's not for ABS-CBN. It is for Congress to be given time to review the very serious allegations made by Solicitor General [Jose Calida] in the Supreme Court, ”the senator explained.
The Office of the Solicitor General filed a quo warranto petition in the Supreme Court on February 10, to revoke the existing franchise of the network for alleged violations of its legislative franchise.
Drilon also asserted that Congress was the right venue for franchise renewal — not the Supreme Court.
He said, “Whether or not ABS-CBN has violated the terms of its franchise, it would have to be passed upon by Congress because we are in the process of renewing.
"The jurisdiction is with us."
In the event that Drilon's joint resolution be passed to Congress and approved by President Duterte, it has a false pretense that it is a legitimate law.
This will help the ABS-CBN's 11,000 staff not to worry.
Drilon promises: "I do not want to risk the livelihood of the 11,000 ABS-CBN employees on a theory that ABS-CBN and its 11,000 employees can continue after March 30 without a franchise."
https://www.pep.ph/news/local/149534/puno-drilon-abs-cbn-franchise-renewal-a718-20200221
In a One News report yesterday, February 21, Puno said it was in line with the February 2003 Supreme Court decision on the case of Associated Communications & Wireless Services United Broadcasting Network, Inc. (ACWS) against the National Telecommunications Commission (NTC).
The SC has not allowed the ACWS to broadcast without a new legislative franchise from Congress.
This is also the view of the former Chief Justice in the ABS-CBN franchise case ending March 30.
Puno said: “This ABS-CBN, if the franchise expires, cannot get from the National Telecommunications Commission the authority to operate after the expiration of the franchise.
“The National Telecommunications Commission does not have that power.”
He added: “While Congress is taking time in deliberating whether to grant or not to grant a new franchise to ABS-CBN, I would like to think that it has only subsidiary powers and one of those subsidiary powers is to preserve the status quo .
“That sounds like a judiciary, too. For example, the Supreme Court assumes jurisdiction over a case, or does it have the power to issue TRO or other lesser writs, as well. ”
Puno served as Chief Justice of the country from December 2006 to May 2010.
SENATOR DRILON ECHOES WITH OPINION
In Senator Franklin Drilon's interview with Karen Davila on the ANC's Headstart program yesterday, lawmakers questioned Puno's remarks.
This is contrary to the view of some lawmakers who said that ABS-CBN could still operate even if its franchise expired.
Some lawmakers say the network franchise could be extended until 2022 if Congress fails to grant it a new legislative franchise before March 30.
Senator Drilon said: "The Supreme Court has squarely ruled that a franchisee cannot anymore operate as a broadcast station if there is no longer a franchise.
"Of course, there is this view [from politicians], but you are taking a risk that the Supreme Court will rule otherwise as it has ruled in some cases."
Drilon also said that the law does not allow the NTC to issue a temporary operations permit at a fire station.
The senator said he suspected a state regulator on ABS-CBN because the NTC was under the Office of the President.
President Rodrigo Duterte has repeatedly threatened to block any bill that would provide a new franchise to the Kapamilya network.
This is why Senator Drilon has filed a joint resolution in the Senate aimed at extending the ABS-CBN franchise until 2022.
“It's not for ABS-CBN. It is for Congress to be given time to review the very serious allegations made by Solicitor General [Jose Calida] in the Supreme Court, ”the senator explained.
The Office of the Solicitor General filed a quo warranto petition in the Supreme Court on February 10, to revoke the existing franchise of the network for alleged violations of its legislative franchise.
Drilon also asserted that Congress was the right venue for franchise renewal — not the Supreme Court.
He said, “Whether or not ABS-CBN has violated the terms of its franchise, it would have to be passed upon by Congress because we are in the process of renewing.
"The jurisdiction is with us."
In the event that Drilon's joint resolution be passed to Congress and approved by President Duterte, it has a false pretense that it is a legitimate law.
This will help the ABS-CBN's 11,000 staff not to worry.
Drilon promises: "I do not want to risk the livelihood of the 11,000 ABS-CBN employees on a theory that ABS-CBN and its 11,000 employees can continue after March 30 without a franchise."
https://www.pep.ph/news/local/149534/puno-drilon-abs-cbn-franchise-renewal-a718-20200221
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