Friday, January 3, 2020

ABS-CBN must secure franchise renewal within 24 session days or face closure — Lagman

By JOHN CARLO M. CAHINHINAN

Albay Rep. Edcel Lagman has expressed concern over the alleged intentional delay in the approval of the legislative franchise renewal of broadcast giant ABS-CBN since the 18th Congress have only limited time in the remaining days of its first regular session.

Lagman stressed that while franchises of radio and television networks of lesser magnitude have been expeditiously renewed, the bills on ABS-CBN’s renewal “languish in the Committee on Legislative Franchises simply because President Rodrigo Duterte has repeatedly opposed such renewal for personal grievances against ABS-CBN.”

According to Lagman, Congress should now act over the nine proposed legislation that seek to grant the Kapamilya network a fresh 25-year franchise, noting that there are only 24 regular session days left before the legislature adjourns on March 14—16 days ahead of the expiration of the current franchise of ABS-CBN under Republic Act No. 7966.

ABS-CBN’s will be forced out of the airwaves by March 30 if it fails to secure a new legislative franchise from Congress.

“Nine similar bills are pending in the 18th Congress, awaiting for the action of the House Committee on Legislative Franchises less than three months before the subject franchise ends or effectively 24 regular session days before the Congress adjourns on March 14, 2020 to May 3, 2020 for the long Holy Week break,” said Lagman.

Lagman reminded his colleagues that “the jurisdiction of the Congress whether or not to grant a franchise or renew it, is not isolated from the exercise of the constitutionally sacrosanct freedom of the press.”

The Albay solon warned that “any arbitrary refusal to grant a franchise or renew it is an assault to press freedom.”

He added that the infringement of press freedom “is more patent in the case of a deliberate delay or refusal to renew an existing franchise because the franchisee expects the renewal under the law for another 25 years.”

“Press freedom is a fundamental right safeguarded by the Constitution. It is enshrined in the Bill of Rights to protect it from any derogation by the State,” said Lagman.

https://politics.com.ph/abs-cbn-must-secure-franchise-renewal-within-24-session-days-or-face-closure-lagman/

Solon says issue of ABS-CBN franchise a matter of press freedom

By Ben Rosario

Oppositionist Representative Edcel Lagman (LP, Albay) said Friday the renewal of broadcast giant ABS-CBN Corporation’s legislative franchise “inextricably involves the exercise of press freedom”, thus, distancing the legislative proposal from claims that it is an ordinary privilege solely reliant on the position of government.

Lagman aired this stand after Palawan Rep. Franz Alvarez, chairman of the House committee on legislative franchises, cautioned the network against entertaining the notion that the grant of legislative franchise is a right.

In a statement, Alvarez said everybody should be “reminded that under the law, the grant of a franchise is not a right but a privilege.”

“It is utter myopia to conveniently distance from the exercise of press freedom the issue on the renewal of the franchise of ABS-CBN Corporation which will soon expire on March 30, 2020,” retorted Lagman. “The question on renewal inextricably involves the exercise of press freedom.”

“The grant of a congressional franchise to a radio and/or television network does not reduce press freedom to an ordinary privilege subject to the unfettered discretion of the State,” the opposition leader added.

Lagman explained that a legislative franchise is required “for reasonable regulation” of the operation of a broadcast enterprise. “It was never intended to curtail the freedom of the press.”

“Verily, the jurisdiction of the Congress whether or not to grant a franchise or renew it is not isolated from the exercise of the constitutionally sacrosanct freedom of the press. Any arbitrary refusal to grant a franchise or renew it is an assault to press freedom,” the lawmaker said.

ABS-CBN has to win a franchise extension granted by Congress if it hopes to continue operating beyond the expiration of its existing congressional license on March 30.

Not a single committee hearing was called by the legislative franchise panel since the first bill proposing franchise extension was filed last July by Nueva Ecija Rep. Micaela Violago.

Since July, the number of legislative proposals filed has grown to nine with key House leaders counting among the authors.  Among them are Deputy Speakers Rosemarie “Baby” Arenas, Vilma Santos, Johnny Pimentel, and Aurelio Gonzales.

Alvarez has vowed to schedule a committee hearing on the bills as soon as the congressional sessions start on Jan. 20, or exactly two months before the Kapamilya network’s existing legislative franchise expires.

President Rodrigo Duterte has been vocal against the grant of franchise extension to the network, claiming that his administration has been victimized by the broadcast entity’s allegedly biased reporting.

“This is why we have to hear all sides, and find out if ABS-CBN violated the provisions of its franchise,” Alvarez said, in an apparent reaction to Duterte’s complaint.

Speaker Alan Peter Cayetano said the Lower House will treat the issue with utmost objectivity.

https://news.mb.com.ph/2020/01/03/solon-says-issue-of-abs-cbn-franchise-a-matter-of-press-freedom/

Palace: Duterte won’t interfere with ABS-CBN’s franchise renewal

Unless he sees threat to country or grave abuse on network’s part

By Argyll Cyrus Geducos 

Malacañang assured ABS-CBN that President Rodrigo Duterte will not interfere with the renewal of their franchise to operate despite the Chief Executive’s earlier threat to see the end of the broadcast media giant.

Presidential Spokesman Salvador Panelo made the statement after detained Senator Leila de Lima said the “personal whims of a madman” should not influence Congress’ prerogative of granting a legislative franchise.

In a text message, Panelo said that while Congress should be free from influence or pressure from the Executive Branch, the President can still step in if he thinks the renewal of ABS-CBN’s franchise puts the country at stake or if there was grave abuse of authority on the part of the network.

“The grant of franchise is a prerogative of Congress,” Panelo said Friday.”The President will not interfere with that prerogative unless there is evident and brazen grave abuse of its authority that imperils the very life of the state as well, as such abuse not only contravenes the rights of the people, but its general welfare is likewise put at risk following the doctrine of salum populi est suprema lex (The welfare of the people is the supreme law).”

Duterte threatened to block the renewal of ABS-CBN’s franchise which expires on March 20 this year. His beef with the network stems from their supposed failure to air his presidential campaign ads in 2016 even though they were paid to do so. He also accused ABS-CBN of not returning his money despite the unaired ads.

The President even advised the owners of ABS-CBN to sell their company because of the uncertainty of the renewal of their franchise, saying he will make sure that owners of the network will remember this time of their lives forever.

The Palace official, meanwhile, hit back at De Lima, saying no other party can influence her release from detention just as no one can pressure Congress on the renewal of ABS-CBN’s franchise.

“By the same parity of reasoning, the grant of release on De Lima’s detention lies on the discretion of the court based on the evidence brought before it, and not on the say-so of the U.S. Senators or the U.S. government for that matter,” Panelo said.

United States President Donald Trump recently signed their 2020 budget which contains a provision banning Filipino officials from entering their country if there is credible information that they had a hand in De Lima’s detention.

In response, President Duterte ordered that Americans be required to secure a visa first before entering the country, should the United States ban any Filipino official from entering their territory by reason of De Lima’s imprisonment.

He also ordered the Bureau of Immigration to prohibit the entry into the Philippines of U.S. senators Dick Durbin and Patrick Leahy who introduced the controversial provision, and Senator Edward Markey who expressed support for the measure.

https://news.mb.com.ph/2020/01/03/palace-duterte-wont-interfere-with-abs-cbns-franchise-renewal/

Duterte won't meddle with ABS-CBN franchise renewal, says Palace

Despite being vocal on his position against ABS-CBN, President Rodrigo Duterte will not interfere with the franchise renewal of the media giant, according to his spokesman.

Presidential spokesperson Salvador Panelo noted that the Congress has the prerogative to grant franchise on the network.

"The President will not interfere with that prerogative unless there is an evident and brazen grave abuse of its authority that imperils the very life of the state as well as such abuse not only contravenes the rights of the people but its general welfare is likewise put at risk following the doctrine of salum est suprema lex (The welfare of the people is the supreme law)," Panelo said in a statement.

This was in response to the statement of Sen. Leila de Lima, who said the prerogative of the Congress to grant legislative franchise should not be based on the "personal whims of a madman."

"It is apparent that these attacks against the ABS-CBN is just part of a bigger, systematic effort to subjugate Filipino companies under the political interests operating through Malacañang, both local and foreign," De Lima said in a dispatch from Camp Crame.

The detained senator added that the president's attacks against Filipino corporations operating public utilities and franchises show his intent to replace them with cronies or China-backed entities.

According to De Lima, the decision of the Congress on ABS-CBN's franchise would serve as a "litmus test" for the senators' and congressmen's commitment to free press and democracy.

"ABS-CBN should stand firm against these despotic attacks and remain confident of their crucial role in our democracy," De Lima said. — Patricia Lourdes Viray

https://www.philstar.com/headlines/2020/01/03/1981808/duterte-wont-meddle-abs-cbn-franchise-renewal-says-palace

Franchise grant should not be based on ‘personal whims of a madman’ – De Lima

The “personal whims of a madman” should not influence Congress’ prerogative of granting a legislative franchise, Senator Leila de Lima said.

In a written dispatch from Camp Crame on Thursday, De Lima said the franchise renewal of broadcast giant, ABS-CBN, would serve as a “litmus test” of Philippine lawmakers’ commitment to free press and democracy.

“The grant of legislative franchise is a prerogative of Congress based on the standard of common good, not on the personal whims of a madman,” she said.

De Lima issued this statement after President Rodrigo Duterte told ABS-CBN to just sell the network, three months before the expiration of its broadcast rights.

It is Congress that is mandated by the Constitution to enact franchise bills pending before it. If the franchise is not granted, the broadcast giant would have to close down its television and radio operations by March 30, 2020.

“ABS-CBN should stand firm against these despotic attacks and remain confident of their crucial role in our democracy,” De Lima went on.

She also called Duterte’s latest remarks “an obscene display of an authoritarian’s propensity to abuse his office for his own twisted ends.”

“The law is clear on this matter. Whatever perceived slight he experienced from ABS-CBN is a matter for the courts to pass upon, not Congress,” the senator said.

Duterte has repeatedly threatened to block the franchise renewal of the television giant after what he claimed was unfair treatment of him during the 2016 presidential campaign.

He had also accused ABS-CBN of estafa for supposedly not providing him the airtime he had paid for during the presidential elections.

The President also slammed the network for airing what he deemed to be unfair or slanted reports about him.

“It is apparent that these attacks against the ABS-CBN is just part of a bigger, systematic effort to subjugate Filipino companies under the political interests operating through Malacañang, both local and foreign,” De Lima went on.

“Just recently, the old tyrant accused the Ayala Corporation and Manny Pangilinan group of ‘syndicated estafa’ and threatened to send their executives to jail,” she added.

De Lime deemed this as “empty accusations bereft of neither evidence nor any legal basis whatsoever has become a trademark of his administration.”

“We have not seen such level of abuse of the powers of the Office of the President since the Marcos administration,” she added.

“The ongoing attacks against Filipino corporations operating public utilities and franchises by the President betray his intention to replace them with his cronies or any of the China-sanctioned entities,” she claimed.

De Lima then called on government agencies to stand behind the principles of democracy and fight against the wrongful use of the law.

https://newsinfo.inquirer.net/1208681/granting-of-franchise-should-not-be-based-on-personal-whims-of-a-madman-de-lima

Solon: ‘ABS-CBN can air side on franchise renewal’

Network giant ABS-CBN will be given a chance to air its side should complaints be lodged against its application for the renewal of its franchise to operate, a ranking lawmaker said on Thursday.

“The advice of Speaker Alan (Peter Cayetano) is for us to make sure that we would always be fair and impartial in reviewing the application of ABS-CBN, or any other public utility, for that matter,” said Palawan First District Rep. Franz Alvarez, chair of the House committee on legislative franchises.

He added, however, that the congressional grant allowing the network to continue its operations is a privilege, and not a right, under the law.

Alvarez made the statement after President Duterte’s recent remarks about blocking the network’s franchise renewal drew condemnation from media groups and the political opposition, which described the move as a blow to freedom of the press.

Albay First District Rep. Edcel Lagman on Thursday urged Mr. Duterte to file charges before the proper courts against ABS-CBN, instead of resorting to the “extrajudicial killing (EJK)” of media freedom.

Press freedom ‘EJK’

“The President must institute with the proper judicial or administrative forum his personal grievances against ABS-CBN, instead of imposing an extrajudicial killing of the freedom of the press,” the opposition lawmaker said, referring to the administration’s violent war on drugs that has resulted in the death of thousands of suspected drug users.

“The President must uphold the freedom of the press and respect the independence of the Congress, particularly the House of Representatives, where franchise bills originate, in granting and extending franchises,” Lagman said.

Earlier, the National Union of Journalists of the Philippines called on independent Filipino journalists and citizens to “band together and protect the free arena of ideas” threatened by the closure or forced sale of ABS-CBN.

The network’s 25-year franchise expires in March 2020.

Although it is up to Congress to renew it, the bill still has to be approved by Mr. Duterte. The President has repeatedly aired his objections to the renewal of the media company’s franchise and suggested on Monday that its owners should “just sell (the network).”According to Alvarez, the House will “thoroughly study and hear all sides” on ABS-CBN’s application for franchise renewal when Congress resumes on Jan. 20.

“Does the President and many others who have made statements against ABS-CBN’s election coverage and election ad placement system, have a legitimate grievance against (the network)? Did ABS-CBN violate the provisions of its franchise?” Alvarez asked.

The Palawan lawmaker did not state whether his committee had already set a hearing on the issue, or if any complaint had been formally filed against the network. Neither did he respond to text messages from the Inquirer seeking to clarify the points he made in his statement.

Reminiscent of martial law

But Alvarez dismissed insinuations that described ABS-CBN’s troubles as a press freedom issue.

“The issue involves the franchise renewal of ABS-CBN. There is no attempt to muzzle or control the media here so do not try to make this a press freedom issue when it is not,” he said.According to Lagman, Mr. Duterte’s “blatant curtailment of press freedom” in trying to block the renewal of ABS-CBN’s franchise recalls the martial law years under authoritarian President Ferdinand Marcos.

“(This) is ominously reminiscent of the unceremonious closure nationwide of 392 media outlets in 1972 at the outset of martial law, including ABS-CBN’s predecessor, ABS-CBN Broadcasting Corp.,” the Albay representative said.

Congress, he said, should “act independently” and not be “cowed by the President’s wanton rantings.”

“Any deliberate and arbitrary denial of the extension of ABS-CBN’s franchise will render jobless 10,955 regular and nonregular employees … and freeze P84.6 billion (in) assets and investments,” he said.

https://newsinfo.inquirer.net/1208547/abs-cbn-can-air-side-on-franchise-renewal

Lawmaker seeks fast action on ABS-CBN franchise

A LEGISLATOR plans to file a resolution directing the House Committee on Legislative Franchises to “report without delay” for plenary action a consolidation of nine bills seeking the renewal of ABS-CBN Corp.’s franchise.

Rep. Edcel C. Lagman of the first district of Albay said in a press release on Thursday that he would file a resolution on Jan. 6, when the lower chamber resumes work, to push the committee to act on the media company’s franchise.

He said President Rodrigo R. Duterte’s “blatant curtailment of press freedom” for repeatedly threatening to block the renewal of ABS-CBN’s franchise, which expires in March 2020, is “ominously reminiscent of the unceremonious closure nationwide of 392 media outlets” at the outset of martial law in September 1972, including the company’s predecessor, ABS-CBN Broadcasting Corp.

The lawmaker said instead of imposing “an extrajudicial killing of the freedom of the press,” the President should go to the proper judicial or administrative forum on his “personal grievances” against ABS-CBN.

“Any deliberate and arbitrary denial of the extension of ABS-CBN’s franchise will render jobless 10,955 regular and non-regular employees as well as talent and project-based workers, and freeze P84.6-billion assets and investments,” Mr. Lagman said.

The Albay representative also called out his fellow House members, particularly the Committee on Legislative Franchises, “to act independently in exercising exclusive congressional jurisdiction on the grant of franchises, and must not be cowed by the President’s wanton rantings.”

As soon as session resumes on Jan. 20, many members of the chamber are expected to co-author Mr. Lagman’s resolution.

Meanwhile, Palawan Rep. Franz E. Alvarez, who chairs the committee, gave his assurance that the panel would be “fair and objective” in reviewing ABS-CBN’s application for franchise renewal. But he said the congressional grant is a “privilege and not a right” under the law.

“The advice of Speaker Alan [Peter S. Cayetano] to us was to make sure that we would be always fair and impartial in reviewing the application of ABS-CBN, or the application of any other public utility, for that matter. At the same time, it is Congress’ duty to accept complaints and hear issue(s) brought up in any contain or objection,” Mr. Alvarez said.

“This is why we have to hear all sides, and find out if ABS-CBN violated the provisions of its franchise,” he added.

He also said the Supreme Court had stated that the grant of a franchise is “merely a privilege emanating from the sovereign power of the State and owing its existence to a grant, is subject to regulation by the State itself by virtue of police power through administrative agencies.”

“Does the President and many others who have made statements against ABS-CBN’s election coverage and election ad placement system, have a legitimate grievance against ABS-CBN? Did ABS-CBN violate the provisions of its franchise? Can ABS-CBN credibly defend its privilege of being granted a renewal of its franchise? These are just some of the questions that our committee will seek to answer when we conduct hearings on the matter once Congress resumes session three weeks from now,” Mr. Alvarez said. — Genshen L. Espedido

https://www.bworldonline.com/lawmaker-seeks-fast-action-on-abs-cbn-franchise/

Duterte set to sign P4.1 trillion 2020 budget

President Duterte will sign the Congress-approved P4.1-trillion national budget for this year on Monday.

The Office of the President yesterday sent out invitations to leaders of the House of Representatives and the Senate for the signing ceremonies set at 4 p.m. at the Rizal Ballroom of Malacañang. Dress code is “Filipiniana/Barong.”

Among House leaders who received invitations are Speaker Alan Peter Cayetano, several deputy speakers and Davao City Rep. Isidro Ungab, who is appropriations committee chairman.

Cayetano earlier assured the President that there are no pork barrel fund insertions in the proposed budget.

The House sent Duterte an advance copy of the spending bill on Dec. 23 to give him enough time to study it amid claims of Sen. Panfilo Lacson that it contains “pork.”

Ungab, who headed the Davao City council appropriations committee as a councilor when the President was city mayor, said Duterte knows a pork barrel item when he sees one.

Deputy Speaker Mikee Romero, an economist, said the one-week delay in the enactment of the 2020 budget would hopefully not affect the economy.

“I am sure the President’s economic team has a catch-up plan on fund releases and spending,” he said.

Romero, who represents party-list group 1-Pacman, urged the government to ramp up spending “so we could sustain the growth of the economy, which recovered in the third quarter after six months of anemic performance due to last year’s budget delay.”

As approved by the two chambers of Congress, the final version of the 2020 spending bill shows that among agencies, the Department of Public Works and Highways will have the biggest share of the budget at P580.9 billion, which includes the largest augmentation of P51.1 billion.

The Department of Education will have P521.4 billion, including an additional P1.7 billion. State universities and colleges will have P73.7 billion, which reflects an augmentation of more than P8 billion. The Commission on Higher Education will have P46.7 billion, P7 billion more than what the President had proposed.

With the combined funding for educational institutions, the education sector still gets the largest share of the budget, as the Constitution mandates.

The Department of Health received the second largest amount of additional funds at P12 billion, increasing its budget to P101 billion, followed by the Department of Agriculture (DA), which was allocated P7.4 billion more, bringing its 2020 outlay to P62.3 billion.

Some P3 billion of the DA’s gain came from the palay-buying fund of the National Food Authority, which the Senate reduced to P7 billion despite low palay prices.

The Department of Social Welfare and Development and Department of Information and Communications Technology (DICT) also received huge augmentations of P5.4 billion and P6.2 billion, increasing their budgets to P163.8 billion and P9.9 billion, respectively.

The DICT’s P6.2-billion increment is 170 percent its original funding of P3.7 billion. It’s the only agency that received such a huge gain, thanks to the Senate. Its secretary is former senator Gregorio Honasan.

Almost all departments were given additional funds, save for two, which suffered huge reductions.

The Department of Transportation lost almost P47 billion, with its budget for next year down to P99.4 billion, while funding for the Department of Environment and Natural Resources was reduced by P500.7 million to P25.5 billion.

https://www.philstar.com/headlines/2020/01/03/1981685/duterte-set-sign-p41-trillion-2020-budget

DBM sets rules for Jan. spending before 2020 budget is signed

THE Department of Budget and Management (DBM) ordered agencies and local government units (LGUs) to operate with funds appropriated for 2019 for the time being as the 2020 budget is still awaiting President Rodrigo R. Duterte’s signature.

“Pending the approval of the FY (fiscal year) 2020 General Appropriations Act (GAA), all operating units, i.e., agencies of the national government receiving allotment/Notice of Cash Allocation (NCA) directly from DBM, are authorized to obligate the amount corresponding to their actual requirements under the regular budget for the month of January FY 2020,” DBM said in circular letter No. 2020-1 issued Thursday.

The circular covers all national government agencies, state universities and colleges, LGUs and government-owned and controlled corporations (GOCCs).

The proposed P4.1-trillion spending plan for 2020 was approved and ratified by the two chambers of the Congress on Dec. 12 and was then submitted to the President for his signature.

Presidential Spokesperson Salvador S. Panelo has said that the budget is for signing this week.

The budget department, however, set a ceiling on the amount that the departments can spend until the 2020 budget is enacted.

For personnel services, DBM said agencies can only obligate 1/12 of personnel services funds using actual salary requirements as of end-December last year, and capped at the amount set in the 2020 National Expenditure Program (NEP).

For maintenance and other operating expenditures as well as for capital outlays, DBM said agencies can also spend 1/12 “of the regular programs and ongoing foreign assisted/locally funded projects funded under the FY 2019 GAA (R.A. No. 11260) and the FY 2020 NEP,” whichever is lower.

The three-and-a-half month budget delay last year was largely blamed for the slow growth of the economy, which expanded at a weaker-than-expected 5.6%, 5.5% an 6.2% in the first to third quarters.

The circular was signed and issued by DBM Acting Secretary Wendel E. Avisado. — Beatrice M. Laforga

https://www.bworldonline.com/dbm-sets-rules-for-jan-spending-before-2020-budget-is-signed/

Duterte to sign 2020 budget Jan. 6

THE Department of Budget and Management (DBM) and the Office of the President (OP) have already finished the review of the P4.1-trillion 2020 General Appropriations Bill in time for President Duterte’s signing on January 6.

Acting Budget Secretary Wendel E. Avisado confirmed that the scheduled ceremonial signing of the budget in the Palace will push through.

“That’s what I know,” Avisado said in a text message  to the  BusinessMirror.

According to a separate advisory sent to lawmakers, the presidential signing ceremony of the 2020 budget will take place at 4 p.m. at Rizal Hall, Malacañang.

Asked whether the President vetoed any provisions under the 2020 GAB, Avisado did not confirm nor deny this, but he said the budget review was already done last week.

Presidential Spokesman and Chief Presidential Legal Counsel Salvador S. Panelo also said on Thursday that the President has not yet mentioned anything about provisions he vetoed in the money measure.

No impact

Meanwhile, Budget Undersecretary Laura B. Pascua shrugged off the possible impact of the failure to enact a new budget by year-end.

She noted that there would be no new budget only for two days excluding holidays.

“The use and recording of funds for these two days will just be part of the budget release documents,” Pascua said in a text message to the BusinessMirror.

Section 5 (7), Article VI of the 1987 Constitution reads: “If by the end of any fiscal year, Congress failed to pass the General Appropriations Bill (GAB) for the ensuing year, the General Appropriations Act [GAA] for the preceding year shall be deemed reenacted, and shall remain in force and in effect until the GAB is passed by Congress.”

In a related development, the DBM has also released a circular on the release of funds for January pending the approval of 2020 GAA.

By signing the Circular 2020-1 dated January 2, Avisado authorized agencies of the national government receiving allotment, or notice of cash allocation directly from DBM to obligate the amount corresponding to their actual requirements under the regular budget for the month of January but not to exceed the specified percentages.

However, some items will not be covered by this obligational authority, and shall be issued a Special Allotment Release Order based on the agency’s Special Budget Request.

These include specific items classified under charges against pension and gratuity fund, centrally managed items, as well as charges against Special Purpose Funds, items that are chargeable against automatic appropriations such as special accounts in the general fund of agencies and internal revenue allotment.

Avisado earlier said the President will not be able to sign the 2020 national budget before end-2019, given the time constraints as it has to undergo the required review of OP and DBM.

He also denied that the pushback in schedule of the signing of the 2020 budget had something to do with the alleged last-minute insertions as claimed earlier by Sen. Panfilo Lacson.  However, the Palace has since said the President is ready to veto any budget items he will find unconstitutional.

Lacson earlier skipped the signing of the bicameral report on the money measure because of his concerns on the alleged last-minute insertions.

The senator claimed that there are still “lump sums” and “vaguely described” projects in the bicameral report.

The senator’s office reportedly received a USB flash drive containing a list of 1,253 budget items worth P83.219 billion that was allegedly used as the congressmen’s “source” of their “list” of 742 projects worth P16.345 billion that were inserted in the bicameral report.

Last year, the government was forced to operate on a reenacted budget for months since the passage of the 2019 national budget got delayed due to a number of issues, including alleged last-minute insertions and realignments by lawmakers.

https://businessmirror.com.ph/2020/01/03/duterte-to-sign-2020-budget-jan-6/

ABS-CBN franchise a privilege – lawmaker

The franchise of ABS-CBN is a matter of privilege and should not be linked to press freedom, which is a matter of right, a ranking lawmaker in the House of Representatives said yesterday.

Palawan 1st district Rep. Franz Alvarez, chair of the committee on legislative franchises, said the constitutional right to press freedom is a separate concern and will be irrelevant to the deliberations of Congress on the network’s franchise renewal.

“The issue involves the franchise renewal of ABS-CBN. There is no attempt to muzzle or control the media here, so do not try to make this a press freedom issue when it is not,” the lawmaker stressed.

“We should all be reminded that under the law, the grant of a franchise is not a right, but a privilege,” Alvarez pointed out.

He cited the Supreme Court ruling in the case of Radio Communications Philippines Inc. vs. National Telecommunications Commission, which stated that the grant of a franchise is “merely a privilege emanating from the sovereign power of the state and owing its existence to a grant, is subject to regulation by the state itself by virtue of its police power through its administrative agencies.”

Still, Alvarez promised that the House would be fair and objective in hearing ABS-CBN’s application for franchise renewal, which is supported by bills filed by at least 11 House members.

“The advice of Speaker Alan (Peter Cayetano) to us was to make sure that we would be always fair and impartial in reviewing the application of ABS-CBN, or the application of any other public utility, for that matter...This is why we have to hear all sides, and find out if ABS-CBN violated the provisions of its franchise,” he hinted.

“Does the President and many others who have made statements against ABS-CBN’s election coverage and election ad placement system have a legitimate grievance against ABS-CBN? Did ABS-CBN violate the provisions of its franchise? Can ABS-CBN credibly defend its privilege of being granted a renewal of its franchise? These are just some of the questions that our committee will seek to answer when we conduct hearings on the matter once Congress resumes session three weeks from now,” Alvarez added.

ABS-CBN’s franchise to operate is set to expire in March.

Under Republic Act No. 3846, radio and television broadcast stations are required to seek a franchise from Congress before being allowed to operate.

https://www.philstar.com/headlines/2020/01/03/1981616/abs-cbn-franchise-privilege-lawmaker