Gatchalian says no need to cancel ABS-CBN franchise as it has expiry date

By Hannah Torregoza

Sen. Sherwin Gatchalian said there is no need for a ‘quo warranto’ petition to be filed before the Supreme Court (SC) to revoke the legislative franchise of network giant ABS-CBN because there is a “natural deadline” for legislative franchises.

“I think, because a (legislative) franchise has a natural deadline, you don’t need a quo warranto (petition),” he said in a Kapihan sa Senado forum. “What is important is for Congress to start the hearing and start discussing what were the shortcomings, what should be improved, at least, that’s the issues coming out.”

Gatchalian made the comment following reports that the Office of the Solicitor General (OSG) is ready to file a quo warranto case against the TV network before the SC in order to cancel its franchise.

ABS-CBN’s franchise is set to expire this March, but the House of Representatives has yet to act on bills seeking the renewal of its franchise.

But Gatchalian said that “in principle,” only Congress has the authority to issue and revoke legislative franchises. “It’s Congress’ prerogative to conduct a hearing…in principle, only Congress can issue and revoke a franchise. That’s our system.”

Gatchalian said his position on the issue was the same during then-Chief Justice Maria Lourdes Sereno’s case, saying he believed that Sereno could be ousted only through impeachment proceedings.

“It’s hard to speculate. That’s why my view is that the hearings (on the franchise issue) should start. Without the hearings, we would not know the real issue,” he said.

https://news.mb.com.ph/2020/01/16/gatchalian-says-no-need-to-cancel-abs-cbn-franchise-as-it-has-expiry-date/

Group asks Go to help push creation of disaster resilience body

LEGAZPI CITY -- Kusog Bikolandia has asked Senator Christopher Lawrence “Bong” Go, an honorary member of the regional party, to seriously look into its proposal to create a super body on disaster resilience.

The group underscored the need for Go, who is chair of the Senate Committee on Health and Demography, to persuade President Rodrigo Duterte to issue an Executive Order creating the National Disaster and Reconstruction Management Authority which will be solely responsible for overseeing the disaster risk reduction operations in the country to include reconstruction and rehabilitation works, instead of a separate department.

Kusog Bicolandia chairman emeritus Noel de Luna, in an interview on Thursday, said creating a new department to handle disaster resilience would be counter-productive as different government agencies have their respective mandates in relief, rehabilitation and reconstruction responsibilities.

He said an agency should be tasked to develop disaster mitigation and rehabilitation plans and oversee its implementation for each provincial disaster requirements across the country.

“A super body is better than a new line department,” de Luna said in a statement.

He explained the need for such after lawmakers issued calls for a rehabilitation plan to address the needs of the Taal Volcano eruption victims.

Bicolanos have long suffered from disastrous typhoons from Sisang in 1987 to Reming in 2006 which were accompanied by storm surges that devastated coastal areas.

De Luna also cited the recent eruptions of Mayon Volcano in Albay and Mt. Bulusan in Sorsogon province.

“One must remember rehabilitation work will only restore the damaged infrastructure and would not add anything to the community,” he said. It is therefore imperative for the super body to carefully look into the needs of vulnerable communities and plan, he added.

De Luna cited the Marawi Rehabilitation Plan which received a huge budget. Failure to implement some of its programs resulted in the return of funds to the National Treasury, he said, adding that there was an insufficient administrative mechanism.

As such, transparency has taken the backseat because nobody can easily see the responsible parties in the rehabilitation program, de Luna said.

“It is, for this reason, we are requesting Senator Go to intervene in the creation of a super body to address everything from conception to implementation of local and national programs for each calamity where quick response is guaranteed along with well-funded and closely supervised rehabilitation programs,” he said.

https://www.pna.gov.ph/articles/1091108

Solon’s bill bats for lone GenSan legislative district separate from South Cotabato

By Charissa Luci-Atienza

South Cotabato 1st district Rep. Shirlyn Bañas-Nograles wants to separate General Santos City from the first legislative district of the province of South Cotabato to constitute the lone legislative district of General Santos City.

The vice chairperson of the House committee on people participation filed House Bill (HB) No. 5774 seeking to amend Republic Act (RA) No. 11243, which reapportioned the first legislative district of the province of South Cotabato and created the lone legislative district of General Santos City as the third legislative district of the province of South Cotabato.

RA 11243 was approved by President Duterte on March 11, 2019.

“While the intent of Republic Act No. 11243, which was deliberated upon and approved by the 17th Congress, was to create the lone legislative district of General Santos City, its letters needs to be aligned with existing laws to avoid ambiguity and confusion,” Bañas-Nograles said in her bill’s explanatory note.

She said Section 103 of RA 5412, otherwise known as the Charter of the City of General Santos, expressly provides that the voters of General Santos City shall not be qualified and entitled to vote in the elections for provincial officials of the province of South Cotabato. RA 5412 took effect on June 15, 1968.

“Additionally, General Santos City was classified as and became a highly urbanized city way back on Sept. 5, 1988. Thus the city is completely independent from the province of South Cotabato from fiscal, administrative, political, and legal standpoints,” Bañas-Nograles said.

HB 5774 provides that the City of General Santos City is separated from the first legislative district of the province of South Cotabato to constitute the lone legislative district of the City of General Santos, to commence in the next national elections after the effectivity of the proposed act.

Under the bill, the incumbent representative of the first legislative district of South Cotabato shall continue to represent General Santos City until the new representative of the lone legislative district of General Santos City shall have been elected and qualified.

HB 5774 tasks the Commission on Elections (Comelec) to issue the necessary rules and regulations to implement the proposed act within 30 days after its effectivity. The proposed act shall take effect 15 days after its publication in the Official Gazette or in a newspaper of general circulation.

https://news.mb.com.ph/2020/01/16/solons-bill-bats-for-lone-gensan-legislative-district-separate-from-south-cotabato/

Poe cites anew need for disaster management department

SENATOR Grace Poe underscored anew the need for a permanent disaster management department as several areas in southern Luzon grapple with the impact of the Taal Volcano eruption.
Poe said it is time for the country to have a Department of Disaster Resilience and Emergency Assistance and Management, which she is pushing in her Senate Bill No. 124 that she filed last year.

“I think the eruption of Taal volcano gives yet another reason for the establishment of this department,” Poe said in a radio interview Tuesday.

“We really need a department that has a mandate of focusing on preventing tragedy during a calamity, correct and timely response, and adequate and proper rehabilitation, including acceptable relocation of victims,” Poe said.

Under the bill, the department will have a Bureau of Disaster Resiliency, which will focus on mitigation, prevention, and post-disaster rehabilitation; Bureau of Disaster Preparation and Response, which will handle the operations immediately before, during, and immediately after a disaster; and the Bureau of Knowledge Management and Dissemination, which will build up and disseminate technical knowledge on disaster risk reduction management.

Structurally, the department shall consist of two separate and distinct entities, which are NDRRMC and the department proper.

“Noon pa ito ay na-file ko na kasi iyong ating NDRRMC (National Disaster Risk Reduction and Management Council) ngayon, bagama’t sila ay abala sa mga nangyayari, hindi pa ito ganap na departamento. So, ano ang ibig sabihin n’yan? Wala talagang secretary o Cabinet rank level kaya coordinating council lang talaga sila,” Poe said.

The NDRRMC shall retain its policy-making and coordinating functions under Republic Act 10121, or the “Philippine Disaster Risk Reduction and Management Act of 2010,” while the department proper shall be the secretariat and executive arm envisioned to provide leadership with accountability. The department shall also have local offices in every region.

Poe said that while the NDRRMC has a head, the council is actually composed of several departments like the Department of Social Welfare and Development, Department of Health, and Department of Public Works and Highways.

Poe stressed that in times of calamities and disasters, it is critical that someone is in charge.

“Dapat may isang kalihim na magiging responsable,” she said.

Thousands of families in Batangas province and nearby areas have been affected by ashfall that has blanketed roads, home and structures following the Taal eruption.

Poe earlier called on concerned government agencies and local government units to be on watch against unscrupulous businessmen who might take advantage of the situation by jacking up prices of basic commodities and other items on high demand such as face masks.

https://journal.com.ph/news/nation/poe-cites-anew-need-disaster-mgt-dept

Palace denies PRRD’s role in plea to revoke ABS-CBN franchise

President Rodrigo R. Duterte has no hand in the supposed plan of the Office of the Solicitor General (OSG) to file a case before the Supreme Court, seeking the revocation of the congressional franchise of local media giant ABS-CBN Corp., Malacañang said on Thursday.

Presidential Spokesperson Salvador Panelo said there was no attempt from the President to order Solicitor General Jose Calida to file a petition against ABS-CBN before the high tribunal.

“Kung may instruction ba si Presidente? Wala. Trabaho kasi ni SolGen ‘yun (Was there such an instruction from the President? None. That’s the job of the SolGen),” Panelo said in a Palace press briefing. “You must remember that the job of the SolGen is to file the appropriate petitions when he sees or feels that there is transgression of franchises or any law of that matter.”

The OSG is set to lodge a quo warranto petition against ABS-CBN before the Supreme Court on Thursday, according to a report by local broadsheet The Manila Times on Wednesday.

The Manila Times said the OSG wants ABS-CBN’s legislative franchise revoked due to the broadcast firm’s supposed violations of the stated “terms and conditions”.

Panelo said the OSG’s latest move was not prompted by Duterte’s previous rants against ABS-CBN.

The Office of the President, he said, has not even seen the petition drafted by Calida’s office.

“I read about it (the report) and I have to talk to the SolGen yet. I haven’t seen the petition if it has already been drafted,” Panelo said.

ABS-CBN's 25-year franchise will expire on March 30 unless Congress and the President grant its renewal.

A legislative franchise bill needs to first get the nod of the Senate and the House of Representatives before it can be transmitted to Duterte who has the power to either approve or veto any proposed measure.

ABS-CBN would be forced to cease the operation of its television and radio broadcasting stations, in case it fails to secure a fresh 25-year congressional franchise.

Duterte earlier said he would make sure that ABS-CBN would be "out" of business, when its license to operate expires because of its supposed unfair reporting and failure to run his political advertisements during the 2016 presidential race.

On Dec. 8, 2019, Panelo said the renewal of the local media giant's franchise would still be up to Congress.

Presidential Communications Operations Office Secretary Martin Andanar last December 18 said ABS-CBN can still run its other media platforms, in case it fails to secure a new franchise. (PNA)

https://www.pna.gov.ph/articles/1091103

OSG petition a ‘clear sign’ of gov’t bid to block ABS-CBN franchise renewal — solon

A reported plan of the state lawyers to file a quo warranto petition before the Supreme Court is “a clear signal” that the executive will oppose the extension of the franchise given to media giant, ABS-CBN, a congressman allied with the majority said Thursday.

Anakalusugan Partylist Rep. Mike Defensor said any legal action that the Office of Solicitor General (OSG) would do before the SC would likely have the imprimatur of Malacanang.

“The legal action taken by the executive, the OSG representing the Republic, is a step beyond the utterances of Malacanang,” Defensor said in a message to reporters.

The broadcast network’s franchise will expire in March.

Republic Act No. 3846. requires television and radio broadcasters to secure a franchise from the government before they are allowed to operate. It is Congress which will decide whether to extend the franchise to public utilities, such as the media.

“In the hearings to be conducted by the Legislative Franchise Committee, you now have the officers of the ABS-CBN network squared off with the officials of the OSG,” Defensor said.

But even if the Congress approves the renewal, Defensor said that President Rodrigo Duterte “may veto the bill which renders it futile.”

Duterte has repeatedly said that he would block the franchise renewal of the network due to supposed “violations” committed by the media company.

At one point, Duterte even urged the Lopez family, the owner of the company, to just sell it off.

Despite this, presidential spokesperson Salvador Panelo on Thursday denied that the president had a hand in the quo warranto petition.

A quo warranto (Latin for “by what warrant or authority?”) is a legal procedure used to challenge an individual’s right to or authority over the position he or she holds.

Under Rule 66 of the Rules of Court, a quo warranto petition may be filed by an individual or by the government upon the order of the President, against “a person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise.”

https://newsinfo.inquirer.net/1214130/alleged-petition-to-revoke-abs-cbn-franchise-clear-signal-from-executive-solon

Sotto: SC petition has no effect on bills extending ABS-CBN franchise

Congress’ deliberations on the proposed extension of the franchise of ABS-CBN will push through despite the reported plan by government lawyers to file a quo warranto petition before the Supreme Court.

ABS-CBN’s franchise is set to expire in March 2020, although several bills extending it for another 25 years have already been filed at the House of Representatives (HOR) and the Senate.

A recent news report claimed the Office of Solicitor General would ask the high tribunal to revoke the franchise.

Initially, Senate President Vicente “Tito” Sotto III refused to make any comment on the issue, saying the franchise would still go through Congress.

But when asked if Congress would proceed with its deliberations even if the issue is brought to court, the senator said: “Walang kinalaman ‘yun sa bill if it reaches us.”

He said Congress may continue to hear the franchise extension probably until the SC rules on the petition.

“Pero malayo sa amin ang issue until the HOR passes it,” Sotto pointed out.

All franchise bills must emanate from the House before being transmitted to the Senate.

Until now, however, the House has yet to start its deliberations on the franchise extension of ABS-CBN.

https://newsinfo.inquirer.net/1214102/sc-petition-no-effect-on-bills-extending-abs-cbn-franchise

Palace: No Duterte hand in alleged petition to revoke ABS-CBN franchise

President Rodrigo Duterte has nothing to do with the alleged move of the Office of the Solicitor General to ask the Supreme Court to revoke the franchise of media giant ABS-CBN, Malacañang said Thursday.

Presidential spokesman Salvador Panelo issued the assurance even as Duterte has repeatedly threatened to block the franchise renewal of ABS-CBN, which will expire in March.

“You must remember that the job of the SolGen is to file the appropriate petitions when he sees or feels that there is a transgression of franchises or any law for that matter,” Panelo said in a press briefing in Malacañang.

A media report earlier claimed that the Solicitor General is set to file a petition before the high court to revoke the congressional franchise of ABS-CBN due to supposed “violations” committed by the media company.

The report claimed that the Solicitor General has already finished the draft of the petition and is expected to be filed Thursday. But the petition has yet to be filed before the SC as of posting time

In an interview, Panelo, who is also Duterte’s chief legal counsel, argued the SolGen’s move cannot be considered an issue of press freedom.

“Basta may violation ng batas hindi pwedeng pumasok ang press freedom. Ang press freedom may limitations din ‘yun,” he said.

(As long as there are laws violated, you cannot invoke press freedom. Press freedom itself has its limitations.)

The President previously asked Lopez family, controlling owner of the publicly listed company, to just sell off the media network as he vowed to “see to it” that it will lose its battle for franchise renewal.

Television and radio broadcasters in the country are required to get a franchise from Congress under Republic Act No. 3846.

“If I were you, just sell it. Because it’s only now that the Filipino can retaliate against your abuses. And I will make sure that you will remember this episode of our times forever,” Duteret said.

The President unleashed the attack on the TV network as his friend, Davao City businessman Dennis Uy, is expanding into the media and entertainment business with the founding of Udenna Communications Media and Entertainment Holdings Corp.

https://newsinfo.inquirer.net/1213929/palace-no-duterte-hand-in-alleged-petition-to-revoke-abs-cbn-franchise

Quo warranto plea to revoke ABS-CBN franchise 'never discussed' in Cabinet: DOJ chief

A supposed plan for government lawyers to seek the cancellation of ABS-CBN media network's franchise "has never been discussed at all" during a meeting among President Rodrigo Duterte and his top aides, Justice Secretary Menardo Guevarra said Thursday.

Citing "unimpeachable sources", The Manila Times reported that the Office of the Solicitor General would ask the Supreme Court to revoke ABS-CBN's franchise through a quo warranto petition.

"The renewal or non-renewal of the ABS-CBN franchise was casually mentioned in a Cabinet meeting several months ago, but the filing of a quo warranto petition has never been discussed at all," Guevarra told reporters.

Congress has yet to act on bills renewing the leading network's franchise, set to expire in March.

A quo warranto petition could be filed against a person who "usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise," according to the Rules of Civil Procedure.

More details to follow.

https://news.abs-cbn.com/news/01/16/20/quo-warranto-plea-to-revoke-abs-cbn-franchise-never-discussed-in-cabinet-doj-chief

‘Di tatantanan mga Lopez! Calida wants SC to revoke ABS-CBN’s franchise- report

Solicitor General Jose Calida will ask the Supreme Court to revoke the franchise of ABS-CBN, barely two months after it is set to expire on March 30, the Manila Times reported Thursday (January 16).

Citing “unimpeachable sources,” the Manila Times reported that Calida will file a quo warranto case against ABS-CBN for allegedly violating the terms and conditions of the franchise granted to the network by Congress.

“There were several violations filed by ABS-CBN in their legislative franchise. A petition will be filed before the Supreme Court to revoke its grant,” the paper quoted a source as saying.

The Manila Times said Calida and the assistant solicitor general have already signed the draft quo warranto petition, which will reportedly be filed Thursday.

A quo warranto petition is a special writ or legal action which would compel a person or entity to show by what warrant an office or franchise was held, claimed or exercised.

Rule 66 of the Rules of Court allows the filing of a quo warranto petition against a franchise.

ABS-CBN, along with the Manila Electric Co., was “returned” to the Lopezes under then-President Corazon Aquino in 1986.

The Lopezes filed a case with the Supreme Court claiming that ABS-CBN was confiscated from them by Aquino’s predecessor, the late dictator Ferdinand Marcos, during martial law.

The Supreme Court, however, dismissed the Lopezes’ case in 2008 for lack of merit.

President Rodrigo Duterte has repeatedly threatened to block the renewal of ABS-CBN’s franchise, which will expire on March 30, 2020.

Duterte recently advised the Lopezes it will be better if they sell the network since its franchise will not be renewed.

There are at least nine bills filed in the House of Representatives seeking the renewal of ABS-CBN’s franchise. However, they have yet to be discussed by the Committee on Legislative Franchises.

https://politics.com.ph/di-tatantanan-mga-lopez-calida-wants-sc-to-revoke-abs-cbns-franchise-report/