Senators insist Senate can conduct hearings on ABS-CBN franchise

By Hannah Torregoza

At least two senators on Sunday insisted that there was no violation of the Constitution with respect to the Senate public services committee’s scheduled hearing on the issues surrounding the franchise of ABS-CBN Corporation.

The hearing, initiated by Sen. Grace Poe, head of the Senate Public Services panel, will be held Monday, February 24.

Sen. Juan Edgardo “Sonny” Angara said Section 24 of the 1987 Constitution, or what is known as the “origination clause”, provides that all private bills, such as the approval of franchises, “shall originate exclusively in the House of Representatives.”

The same provision in the Constitution also includes appropriation, revenue or tariff bills, bills authorizing increase of the public debt and bills of local application.

“It has been the long-standing practice of the Senate to hear such bills while waiting for the House of Representatives to act on these and transmit them to the Senate for its concurrence,” Angara said in a statement.

“Matagal na ginagawa ng Senado na simulan ang pagdinig sa mga mahahalagang panukala tulad ng ating national budget bago pa man ito ipadala ng mababang kapulungan (The Senate has long been doing hearing important measures, like the national budget, before it is sent to us by the lower chamber),” he said.

“Taon-taon natin ito ginagawa upang mapabilis ang proseso ng pag apruba, lalo na ng mga napakahalagang batas tulad ng GAA, ganun din sa mga tax bills (We have been doing this yearly to ensure a faster process in approving bills, especially with significant laws like the General Appropriations Act (GAA) and also tax bills),” Angara pointed out.

Citing the case of Tolentino v. Secretary of Finance, Angara said the origination clause in the Constitution merely requires the Senate, acting as a body, to withhold any action on a private bill still pending in the House of Representatives.

“The hearing by the committee is only meant to facilitate the process and in the case of the franchise of ABS-CBN, to hear the issues being raised against the network so that when the time comes, we as senators would already have a better grasp of the matter,” he said.

“No action will be made in plenary until such time that the House of Representatives acts on the bill and sends it over to us,” he said.

Senate Minority Leader Franklin Drilon, for his part said he was disappointed to hear the House leadership say that the Senate’s move to hear the ABS-CBN’s franchise was “unconstitutional”.

“We are saddened by the accusation. That is not true. There is nothing wrong and unconstitutional if we hear the franchise of ABS-CBN,” Drilon said, reiterated that nothing is unconstitutional with the Senate’s decision to hear the network’s franchise, which is set to expire on March 30.

Also citing the case of Tolentino v. Secretary of Finance (G.R. No. 115455), the minority chief said the Constitution does not prohibit the Senate from hearing a proposed measure “in anticipation of its receipt of the bill from the House.”

Drilon pointed out the Senate has done the same practice with the national budget and other revenue measures, hearing pending proposals while waiting for the House version.

“The House of Representatives is aware of this practice. Since time immemorial, we have been hearing the budget simultaneously with the House of Representatives only that we do not debate on this on the floor until we receive the House version,” he further explained.

“Our former colleagues who are now members of the lower chambers knew about this practice and they participated in hearings of this nature when they were in the Senate. They did not say it was unconstitutional then,” Drilon pointed out.

With only seven session days left before the adjournment of Congress on March 11, the senator said taking up the franchise of ABS-CBN was made even more necessary.

He also stressed that the Senate hearing should also rule on the need to extend the validity of the franchise of ABS-CBN, maintaining that the broadcasting network cannot operate without a franchise.

https://news.mb.com.ph/2020/02/23/senators-insist-senate-can-conduct-hearings-on-abs-cbn-franchise/