In the wake of the public furor coming from the Solicitor General’s filing of a quo warranto case before the Supreme Court asking for the forfeiture of the legislative franchise of broadcast network ABS-CBN, House Speaker Alan Peter Cayetano is urging the network to do some “soul-searching” to reflect on “how we have all reached this point.”
According to Cayetano, “Under the leadership and guidance of President Duterte, many of our nation’s institutions - including Congress - has had to take a long hard look at itself. To reflect on what our role is in nation-building and what reforms are needed and how best we can serve God and the Filipino people. Maybe the media, especially ABS-CBN, should also take this critical time (to do the same).”
He also explained that in line with the President’s legislative agenda, the franchise renewal of ABS-CBN is among issues affecting the nation that Congress has been carefully reviewing.
“This is why we continue to work closely with Malacañang regarding the important issues affecting the country, including the passage of the National budget, and several priority bills of the President such as securing sources of revenue to fund free quality education and universal healthcare.”
Other more recent concerns cited by Cayetano include the spread of NCoV and the African Swine Flu, the rehabilitation efforts in areas affected by the Taal Volcano eruption, and the Visiting Forces Agreement.
The Speaker assured that Congress will fulfill its constitutional mandate to review and decide on the the franchise issue, despite the Office of Solicitor General’s pending action before the Supreme Court.
"This constitutional duty of Congress does not preclude other branches of government to do as it sees fit with regard to this matter. But neither should it divest Congress of its powers nor will their actions stop us from doing what we must do, " Cayetano emphasized.
Further, Speaker Cayetano affirms Congress’ commitment to conduct an impartial hearing “where those who are against or in favor of the renewal may make their case.” He noted that this is consistent with the President’s stand on the protection of the freedom of expression.
As to the timetable for the hearings, Cayetano says that while “there are certain interests who want to rush this process, we stand by the leadership of the 18th Congress and The Committee in Legislative Fanchises on how to prioritize urgent and important legislation.
We also commit that the 18th Congress shall study this issue from all aspects in order to protect the interest of the public.”
http://www.congress.gov.ph/press/details.php?pressid=11823
Tuesday, February 11, 2020
Schedule to tackle ABS-CBN’s franchise up to House leaders, says solon
The waiting goes on for the House of Representatives’ action on the pending bills calling for the renewal of ABS-CBN’s legislative franchise. But when will the lower chamber finally deal with the measures?
“To be honest here, it is up to the leadership of Congress – the Speaker, the House committee chair, and our leaders – to decide when to hear it,” according to Isabela Rep. Antonio “Tonypet” Albano, vice-chairperson of the House committee on legislative franchises.
Franchise of the country’s largest broadcasting company is set to lapse on March 30, 2020, or 48 days from today. But as of Tuesday, February 11, the matter has yet to be scheduled for a hearing by House panel.
Currently, there are 11 pending bills in the lower chamber seeking the renewal of ABS-CBN’s franchise.
Albano said the committee is also handling other proposed measures.
“It doesn’t mean that if you filed a petition for us to hear the case right away that the leadership and the House committee on legislative franchises will hear it right away because we do have a schedule also to follow,” Albano told reporters.
Albano, however, assured that the House committee on legislative franchises will tackle ABS-CBN’s franchise even saying that it was among the topics in the committee’s closed-door meetings.
“We assure the public later on that we will hear the case because our chairman and the leadership of the House, in particular, have been closely monitoring the events but we also have a lot of other issues to tackle before we can tackle the ABS-CBN franchise,” Albano said.
“As vice chairman of the committee on franchise, I know for a fact that we are already having closed-door meetings about this especially that the issue has caught up and especially that the deadline is there. But of course we submit to the leadership of the House, the chairperson to be able to hold this committee on franchise nitong (of) ABS-CBN,” he added.
Albano explained the closed-door meetings were being held so that they will not be “pressured by any sides.”
“Remember that it is stated in the Constitution that Congress is the sole prerogative entity that is tackling all the franchises here in the Philippines so this is one of the reasons why we wanted closed-door sessions is that we didn’t want any pressure from anyone in particular so that our decisions will not be biased in the end when we start hearing the cases,” the lawmaker said.
Edited by KGA
https://newsinfo.inquirer.net/1227283/schedule-to-tackle-abs-cbns-franchise-up-to-house-leaders-says-solon
“To be honest here, it is up to the leadership of Congress – the Speaker, the House committee chair, and our leaders – to decide when to hear it,” according to Isabela Rep. Antonio “Tonypet” Albano, vice-chairperson of the House committee on legislative franchises.
Franchise of the country’s largest broadcasting company is set to lapse on March 30, 2020, or 48 days from today. But as of Tuesday, February 11, the matter has yet to be scheduled for a hearing by House panel.
Currently, there are 11 pending bills in the lower chamber seeking the renewal of ABS-CBN’s franchise.
Albano said the committee is also handling other proposed measures.
“It doesn’t mean that if you filed a petition for us to hear the case right away that the leadership and the House committee on legislative franchises will hear it right away because we do have a schedule also to follow,” Albano told reporters.
Albano, however, assured that the House committee on legislative franchises will tackle ABS-CBN’s franchise even saying that it was among the topics in the committee’s closed-door meetings.
“We assure the public later on that we will hear the case because our chairman and the leadership of the House, in particular, have been closely monitoring the events but we also have a lot of other issues to tackle before we can tackle the ABS-CBN franchise,” Albano said.
“As vice chairman of the committee on franchise, I know for a fact that we are already having closed-door meetings about this especially that the issue has caught up and especially that the deadline is there. But of course we submit to the leadership of the House, the chairperson to be able to hold this committee on franchise nitong (of) ABS-CBN,” he added.
Albano explained the closed-door meetings were being held so that they will not be “pressured by any sides.”
“Remember that it is stated in the Constitution that Congress is the sole prerogative entity that is tackling all the franchises here in the Philippines so this is one of the reasons why we wanted closed-door sessions is that we didn’t want any pressure from anyone in particular so that our decisions will not be biased in the end when we start hearing the cases,” the lawmaker said.
Edited by KGA
https://newsinfo.inquirer.net/1227283/schedule-to-tackle-abs-cbns-franchise-up-to-house-leaders-says-solon
House holds closed-door meetings on ABS-CBN franchise renewal bills
The House Committee on Legislative Franchises conducted closed-door meetings on the 11 pending bills renewing the franchise of broadcasting company ABS-CBN, House Committee on Legislative Franchises Chairman Antonio Albano said Tuesday.
“We are having closed-door meetings because we don’t want to be pressured by any side. Remember that it is enshrined in the Constitution that Congress has the sole prerogative, or entity that is tackling all the franchises in the Philippines,” Albano said.
Article 12, Section 11 of Philippine Constitution states that "no franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least sixty per centum of whose capital is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years."
The same Constitutional provision also states that "neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires, and that the State shall encourage equity participation in public utilities by the general public.
“Our decision will not be biased in the end… let me assure you [that] when we get the leadership to agree on a set date, we will announce as soon as possible,” Albano added.
Buhay party-list representative Jose “Lito” Atienza on Monday called on House Committee on Legislative Franchises Chairman and Palawan representative Franz Alvarez to resign from his post as panel chair after his committee failed to act on the 11 ABS-CBN franchise renewal bills that had been pending since August 2019.
Also on Monday, Solicitor General Jose Calida filed a quo warranto case seeking to void ABS-CBN's franchise due to alleged violations of the Constitutional ban on foreign ownership and due to the broadcaster allegedly bypassing the authority of the National Telecommunications Communication.
Speaker's call
Albano insisted that the Committee planned to deliberate on the franchise renewal bills soon, but setting that plan in motion ultimately depended on Speaker Alan Peter Cayetano.
“We do plan to deliberate on it as soon as possible. Our chairman and leadership of the House has been closely monitoring the events but we also have a lot of things to tackle before we tackle the ABS-CBN franchise. Of course, we submit to the leadership of the House, the chairperson,” Albano said.
Likewise, Albano said that Alvarez should not resign from his post, even describing him as a hard worker despite the 11 pending bills.
“We know for a fact that we have a hardworking chairman, that the chairman is doing his best. This is not the only bill, the only franchise that was filed in the committee. We respect [Atienza] but our opinion is there’s no need for our chairman to resign,” Albano explained.
President Rodrigo Duterte has consistently threatened to move for the closure of ABS-CBN due to the network's supposed failure to air political ads that had been paid for by the Duterte campaign in 2016.
After Calida filed the quo warranto petition, ABS-CBN issued a statement saying that it did not violate any law. — DVM, GMA News
https://www.gmanetwork.com/news/news/nation/725638/house-holds-closed-door-meetings-on-abs-cbn-franchise-renewal-bills/story/
“We are having closed-door meetings because we don’t want to be pressured by any side. Remember that it is enshrined in the Constitution that Congress has the sole prerogative, or entity that is tackling all the franchises in the Philippines,” Albano said.
Article 12, Section 11 of Philippine Constitution states that "no franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least sixty per centum of whose capital is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years."
The same Constitutional provision also states that "neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires, and that the State shall encourage equity participation in public utilities by the general public.
“Our decision will not be biased in the end… let me assure you [that] when we get the leadership to agree on a set date, we will announce as soon as possible,” Albano added.
Buhay party-list representative Jose “Lito” Atienza on Monday called on House Committee on Legislative Franchises Chairman and Palawan representative Franz Alvarez to resign from his post as panel chair after his committee failed to act on the 11 ABS-CBN franchise renewal bills that had been pending since August 2019.
Also on Monday, Solicitor General Jose Calida filed a quo warranto case seeking to void ABS-CBN's franchise due to alleged violations of the Constitutional ban on foreign ownership and due to the broadcaster allegedly bypassing the authority of the National Telecommunications Communication.
Speaker's call
Albano insisted that the Committee planned to deliberate on the franchise renewal bills soon, but setting that plan in motion ultimately depended on Speaker Alan Peter Cayetano.
“We do plan to deliberate on it as soon as possible. Our chairman and leadership of the House has been closely monitoring the events but we also have a lot of things to tackle before we tackle the ABS-CBN franchise. Of course, we submit to the leadership of the House, the chairperson,” Albano said.
Likewise, Albano said that Alvarez should not resign from his post, even describing him as a hard worker despite the 11 pending bills.
“We know for a fact that we have a hardworking chairman, that the chairman is doing his best. This is not the only bill, the only franchise that was filed in the committee. We respect [Atienza] but our opinion is there’s no need for our chairman to resign,” Albano explained.
President Rodrigo Duterte has consistently threatened to move for the closure of ABS-CBN due to the network's supposed failure to air political ads that had been paid for by the Duterte campaign in 2016.
After Calida filed the quo warranto petition, ABS-CBN issued a statement saying that it did not violate any law. — DVM, GMA News
https://www.gmanetwork.com/news/news/nation/725638/house-holds-closed-door-meetings-on-abs-cbn-franchise-renewal-bills/story/
ABS-CBN can still operate even after franchise lapses – solon
Media network giant ABS-CBN can still continue its operations even if its legislative franchise expires on March 30.
Isabela Rep. Antonio “Tonypet” Albano said this Tuesday as the public awaits action from the House of Representatives, where a number of bills were filed for the renewal of ABS-CBN’s franchise.
“May I remind the public that even if the ABS-CBN’s franchise expires on the said date on March, it does not mean that ABS-CBN will close completely because the rule of thumb, and I believe this in the committee – and we were briefed on this – is that while this 18th Congress is still ongoing, hindi po titigil ang services ng ABS-CBN hanggang po matapos ang 18th Congress (the services of ABS-CBN will not stop until the 18th Congress ends),” Albano, who serves as vice-chairperson of the House committee on legislative franchises, told reporters.
Albano explained that the broadcasting company can still operate because they were able to submit their application before their franchise expires.
In an interview with radio station DZMM, Atty. Rudolph Jularbal, legal counsel and spokesperson of Kapisanan ng mga Brodkaster ng Pilipinas (KBP), also said that as long as a franchise holder was able to apply for renewal before the expiration of the franchise, “the permit or franchise is deemed extended until it is expressly denied or granted.”
“Also in Congress, we have had cases of members filing for renewal before their expiration tapos technically the date of their franchise has already expired pero since [the application for renewal is] pending, tuloy pa rin ang operation (the operation would just continue),” Jularbal said.
For Quezon City Rep. Jericho Nograles, ABS-CBN may continue doing business granted that they secure provisional authority from the National Telecommunications Commission (NTC).
“It doesn’t mean na automatic na mag off the air (It does not mean that automatic they will go off the air), but it will be off the air if the NTC will not give them provisional authority pending the hearings of Congress, or the dissipation of Congress when it comes to congressional franchise,” Nograles pointed out.
Albano then assured the public that the committee would hear the bills on the renewal of ABS-CBN’s legislative franchise even disclosing that the matter has been among those tackled during their closed-door meetings.
“We assure the public later on that we will hear the case because our chairman and the leadership of the House, in particular, have been closely monitoring the events but we also have a lot of other issues to tackle before we can tackle the ABS-CBN franchise,” Albano said.
The lawmaker said they are holding closed-door meetings on the matter so they won’t be “pressured by any sides” regarding the issue.
“Remember that it is stated in the Constitution that Congress is the sole prerogative entity that is tackling all the franchises here in the Philippines so this is one of the reasons why we wanted closed-door sessions is that we didn’t want any pressure from anyone in particular so that our decisions will not be biased in the end when we start hearing the cases,” Albano said.
Republic Act No. 3846 requires television and radio broadcasting companies to secure a franchise from the government before they are allowed to operate. It is Congress that will decide whether to extend the franchise to public utilities, such as the media.
At the House of Representatives, ABS-CBN’s application for franchise renewal has yet to be tackled despite repeated calls from a number of its members for the issue to be addressed, especially with the franchise’s fast-approaching expiration date.
Currently, there are 11 pending bills in Congress seeking the renewal of the media giant’s franchise. But as of Tuesday, February 11, 2020, the matter on ABS-CBN’s legislative franchise renewal is still not included in the hearing agenda.
Against this backdrop is the quo warranto petition filed Monday by the Office of the Solicitor General before the Supreme Court. The government’s chief lawyer wants ABS-CBN’s franchise revoked for allegedly violating provisions of its license.
According to House Deputy Speaker Johnny Pimentel, OSG’s move could lead to some lawmakers being afraid to speak up and express their support towards the renewal of ABS-CBN’s franchise.
https://newsinfo.inquirer.net/1227147/abs-cbn-can-still-operate-even-after-franchise-lapses-solon
Isabela Rep. Antonio “Tonypet” Albano said this Tuesday as the public awaits action from the House of Representatives, where a number of bills were filed for the renewal of ABS-CBN’s franchise.
“May I remind the public that even if the ABS-CBN’s franchise expires on the said date on March, it does not mean that ABS-CBN will close completely because the rule of thumb, and I believe this in the committee – and we were briefed on this – is that while this 18th Congress is still ongoing, hindi po titigil ang services ng ABS-CBN hanggang po matapos ang 18th Congress (the services of ABS-CBN will not stop until the 18th Congress ends),” Albano, who serves as vice-chairperson of the House committee on legislative franchises, told reporters.
Albano explained that the broadcasting company can still operate because they were able to submit their application before their franchise expires.
In an interview with radio station DZMM, Atty. Rudolph Jularbal, legal counsel and spokesperson of Kapisanan ng mga Brodkaster ng Pilipinas (KBP), also said that as long as a franchise holder was able to apply for renewal before the expiration of the franchise, “the permit or franchise is deemed extended until it is expressly denied or granted.”
“Also in Congress, we have had cases of members filing for renewal before their expiration tapos technically the date of their franchise has already expired pero since [the application for renewal is] pending, tuloy pa rin ang operation (the operation would just continue),” Jularbal said.
For Quezon City Rep. Jericho Nograles, ABS-CBN may continue doing business granted that they secure provisional authority from the National Telecommunications Commission (NTC).
“It doesn’t mean na automatic na mag off the air (It does not mean that automatic they will go off the air), but it will be off the air if the NTC will not give them provisional authority pending the hearings of Congress, or the dissipation of Congress when it comes to congressional franchise,” Nograles pointed out.
Albano then assured the public that the committee would hear the bills on the renewal of ABS-CBN’s legislative franchise even disclosing that the matter has been among those tackled during their closed-door meetings.
“We assure the public later on that we will hear the case because our chairman and the leadership of the House, in particular, have been closely monitoring the events but we also have a lot of other issues to tackle before we can tackle the ABS-CBN franchise,” Albano said.
The lawmaker said they are holding closed-door meetings on the matter so they won’t be “pressured by any sides” regarding the issue.
“Remember that it is stated in the Constitution that Congress is the sole prerogative entity that is tackling all the franchises here in the Philippines so this is one of the reasons why we wanted closed-door sessions is that we didn’t want any pressure from anyone in particular so that our decisions will not be biased in the end when we start hearing the cases,” Albano said.
Republic Act No. 3846 requires television and radio broadcasting companies to secure a franchise from the government before they are allowed to operate. It is Congress that will decide whether to extend the franchise to public utilities, such as the media.
At the House of Representatives, ABS-CBN’s application for franchise renewal has yet to be tackled despite repeated calls from a number of its members for the issue to be addressed, especially with the franchise’s fast-approaching expiration date.
Currently, there are 11 pending bills in Congress seeking the renewal of the media giant’s franchise. But as of Tuesday, February 11, 2020, the matter on ABS-CBN’s legislative franchise renewal is still not included in the hearing agenda.
Against this backdrop is the quo warranto petition filed Monday by the Office of the Solicitor General before the Supreme Court. The government’s chief lawyer wants ABS-CBN’s franchise revoked for allegedly violating provisions of its license.
According to House Deputy Speaker Johnny Pimentel, OSG’s move could lead to some lawmakers being afraid to speak up and express their support towards the renewal of ABS-CBN’s franchise.
https://newsinfo.inquirer.net/1227147/abs-cbn-can-still-operate-even-after-franchise-lapses-solon
Government seeks to strip ABS-CBN franchise
The Office of the Solicitor General (OSG) on Monday called on the Supreme Court to strip media and entertainment group ABS-CBN Corporation of its legislative franchise in what press freedom campaigners branded as another attack launched by President Rodrigo Duterte.
Solicitor General Jose Calida filed the quo warranto petition, presenting a stack of supporting documents that was almost two feet high.
The filing of the petition was virtually an anticlimax. Almost a month ago, The Manila Times ran a banner story that the OSG was planning to question ABS-CBN’s franchise before the high court.
The petition was filed weeks before the network’s 25-year franchise expires on March 30 and as a group of lawmakers were putting together 11 measures for its renewal.
“The legislative franchises of ABS-CBN Corp. and its subsidiary, ABS-CBN Convergence Inc. must be revoked. A franchise is a special privilege by the State, and should be restricted only to entities, which faithfully adhere to our Constitution and laws,” Calida said in the 54-page petition.
He said documents from the Securities and Exchange Commission would show that ABS-CBN Corp. sold Philippine Depositary Receipts (PDRs) to non-Filipino entities.
ABS-CBN Corp. shares were transferred to ABS Holdings, which later issued PDRs, he said.
Through the transaction, Prudential Singapore Holdings Pte. Ltd. acquired 15,656,570 PDRs issued by ABS-CBN Holdings.
In May 2013, Mercury Media Holdings Ltd. purchased PDRs issued by ABS-CBN Corp. from Marathon Asset Management LLP for P2.3 billion.
A month later, a United States-based fund, Capital International Private Equity Fund VI LP,
“acting through Mercury Media Holdings Finance I Ltd., completed the subscription of P2.5 billion worth of PDRs from ABS-CBN,” the petition said.
Media entities must be 100 percent Filipino-owned and their PDRs sold only to Filipinos.
The petition also noted that ABS-CBN Corp. “violated the terms of franchise by offering pay per view channels via TV Plus.”
It alleged that Multi Media Telephony, representing itself as ABS-CBN Convergence, used the franchise to secure a three-year provisional authority to operate.
“The use of ABS-CBN Convergence of the name of Multi Media Telephony is contrary to public policy, as it will only result in confusion and open the door to frauds and evasions and difficulties of administration and supervision,” the OSG said.
Calida asked the court to issue a temporary restraining order or writ of preliminary injunction “enjoining ABS-CBN Corp. from further operating the KBO Channel and offering it to the general public.”
No hand
President Duterte has repeatedly pledged to stop the broadcast operations of ABS-CBN and expressed anger over its reporting during the 2016 presidential election campaign.
On Monday, Palace spokesman Salvador Panelo said the President had no hand in the filing of the petition.
“It’s Congress that has the authority to grant or to renew [franchises], not the President… And, as you know the practice of the President, he does not interfere with the function of Congress,” he added.
Press organizations, however, were quick to denounce the petition.
“It’s a clear indication that this government will do everything it can to shut ABS-CBN down,” said Nonoy Espina, chairman of the National Union of Journalists of the Philippines (NUJP).
“If they shut ABS-CBN down, then that’s one big voice lost and it will make it easier for them to start shutting down the other voices that they do not agree with,” he added.
The Foreign Correspondents Association of the Philippines (Focap) described the Solicitor General’s actions as politically motivated.
“ABS-CBN is a cornerstone of Philippine democracy and the free press for its independent and critical reportage and massive following in the country and abroad,” the Focap statement read. “These moves politically harass and threaten a pillar of the media industry that employs thousands of Filipinos and has played a crucial part in helping fight official corruption and abuse for decades.”
The NUJP said the filing of the petition “proves without a doubt that this government is hell-bent on using all its powers to shut down the broadcast network… So much so that it would risk trampling on Congress’ authority to legislate franchises.”
The University of the Philippines College of Mass Communication said the Calida petition demonstrated the lengths the government could go to silence critical voices in media.
Human Rights Watch Asia Division researcher Carlos Conde said the quo warranto case “has all the indications of political harassment.”
Meanwhile, senators said Congress is mandated to act on the franchise application of ABS-CBN, but this would not prevent the Supreme Court from acting on the quo warranto petition.
“As the Constitution mandates, the Senate’s jurisdiction over franchises remains despite the existence of the petition,” said Sen. Mary Grace Poe, chairman of the Senate Committee on Public Services.
Sen. Panfilo Lacson said he sees no conflict in jurisdictions: “The quo warranto petition is under the original jurisdiction of the Court. Approval or renewal of legislative franchise is the jurisdiction of both houses of Congress.”
“Congress is likewise not prevented from exercising its powers under the same Constitution to act on the application for renewal or a new franchise, which is now pending before the House of Representatives,” he added.
But Sen. Francis Pangilinan bared that the Congress has the duty to give due process to ABS-CBN’s application for franchise renewal.
“Complaints against the network should be formally lodged before Congress to be tackled
in the hearing, giving opportunity for all sides to be heard,” he said.
Sen. Sherwin Gatchalian said the quo warranto petition is unnecessary since the franchise of the company would automatically expire by the end of March.
In the House of Representatives, lawmakers supporting the renewal of ABS-CBN’s franchise took turns in lambasting the Calida petition.
Cagayan de Oro City Second District Rep. Rufus Rodriguez said the OSG’s move was unconstitutional since only the Congress can grant franchises.
Rodriguez said the petition violates the principle of separation of powers.
Albay First District Rep. Edcel Lagman called the complaint unwarranted and misplaced.
He claimed that the essence of a quo warranto petition is that the respondent usurps the exercise of a public office, position or franchise to which the respondent is not entitled in the first place. He, however, insisted that ABS-CBN holds a valid congressional franchise.
Deputy House Speaker and Pangasinan Third District Rep. Rose Marie Arenas, considered the petition as a “formal disclosure” of the government’s position on the franchise renewal.
“While it is my view that only Congress holds the sole authority in granting and revoking legislative franchises this petition will, in fact, put forth all the questions and issues surrounding this matter, and hence enable a more enlightened and spirited discourse,” she said.
Laguna Third District Rep. Sol Aragones said the House would continue to hold a hearing on the franchise renewal despite the OSG petition.
“Our main concern are the 11,000 employees who might lose their jobs if the franchise is not renewed, most of them have been my colleagues when I still worked with the network,” the lawmaker added.
Agusan del Norte First District Rep. Lawrence Fortun said the OSG petition would be moot and academic in just a few weeks and believes that the petition might be a “a roundabout way to tell Congress how the administration really feels about ABS-CBN.”
“We still have to see the contents of the quo warranto petition but, offhand, this is quite puzzling since the franchise sought to be revoked is expiring in a month,” he added.
“By the time the Supreme Court sets to resolve the petition after parties have sent in their answers and comments, the current franchise would have already expired and there would be nothing to revoke in the first place. The petition becomes moot and academic. The franchise, however, expires. Effectively, its renewal is denied,” Fortun said.
Bayan Muna said the OSG’s move only shows that it had become a “biased institution” carrying out Duterte’s political vendetta. WITH REINA C. TOLENTINO, ARIC JOHN SY CUA, BERNADETTE E. TAMAYO, JAVIER JOE ISMAEL, FRANZ LEWIN EMBUDO, DIVINA NOVA JOY DELA CRUZ AND AFP
https://www.manilatimes.net/2020/02/11/news/headlines/govt-seeks-to-strip-abs-cbn-franchise/682983/
 | |
| UNDER SIEGE A company vehicle enters the compound of media and entertainment group ABS-CBN Corporation in Quezon City. (Inset) Solicitor General Jose Calida. PHOTOS JOHN ORVEN VERDOTE AND RUY L. MARTINEZ |
Solicitor General Jose Calida filed the quo warranto petition, presenting a stack of supporting documents that was almost two feet high.
The filing of the petition was virtually an anticlimax. Almost a month ago, The Manila Times ran a banner story that the OSG was planning to question ABS-CBN’s franchise before the high court.
The petition was filed weeks before the network’s 25-year franchise expires on March 30 and as a group of lawmakers were putting together 11 measures for its renewal.
“The legislative franchises of ABS-CBN Corp. and its subsidiary, ABS-CBN Convergence Inc. must be revoked. A franchise is a special privilege by the State, and should be restricted only to entities, which faithfully adhere to our Constitution and laws,” Calida said in the 54-page petition.
He said documents from the Securities and Exchange Commission would show that ABS-CBN Corp. sold Philippine Depositary Receipts (PDRs) to non-Filipino entities.
ABS-CBN Corp. shares were transferred to ABS Holdings, which later issued PDRs, he said.
Through the transaction, Prudential Singapore Holdings Pte. Ltd. acquired 15,656,570 PDRs issued by ABS-CBN Holdings.
In May 2013, Mercury Media Holdings Ltd. purchased PDRs issued by ABS-CBN Corp. from Marathon Asset Management LLP for P2.3 billion.
A month later, a United States-based fund, Capital International Private Equity Fund VI LP,
“acting through Mercury Media Holdings Finance I Ltd., completed the subscription of P2.5 billion worth of PDRs from ABS-CBN,” the petition said.
Media entities must be 100 percent Filipino-owned and their PDRs sold only to Filipinos.
The petition also noted that ABS-CBN Corp. “violated the terms of franchise by offering pay per view channels via TV Plus.”
It alleged that Multi Media Telephony, representing itself as ABS-CBN Convergence, used the franchise to secure a three-year provisional authority to operate.
“The use of ABS-CBN Convergence of the name of Multi Media Telephony is contrary to public policy, as it will only result in confusion and open the door to frauds and evasions and difficulties of administration and supervision,” the OSG said.
Calida asked the court to issue a temporary restraining order or writ of preliminary injunction “enjoining ABS-CBN Corp. from further operating the KBO Channel and offering it to the general public.”
No hand
President Duterte has repeatedly pledged to stop the broadcast operations of ABS-CBN and expressed anger over its reporting during the 2016 presidential election campaign.
On Monday, Palace spokesman Salvador Panelo said the President had no hand in the filing of the petition.
“It’s Congress that has the authority to grant or to renew [franchises], not the President… And, as you know the practice of the President, he does not interfere with the function of Congress,” he added.
Press organizations, however, were quick to denounce the petition.
“It’s a clear indication that this government will do everything it can to shut ABS-CBN down,” said Nonoy Espina, chairman of the National Union of Journalists of the Philippines (NUJP).
“If they shut ABS-CBN down, then that’s one big voice lost and it will make it easier for them to start shutting down the other voices that they do not agree with,” he added.
The Foreign Correspondents Association of the Philippines (Focap) described the Solicitor General’s actions as politically motivated.
“ABS-CBN is a cornerstone of Philippine democracy and the free press for its independent and critical reportage and massive following in the country and abroad,” the Focap statement read. “These moves politically harass and threaten a pillar of the media industry that employs thousands of Filipinos and has played a crucial part in helping fight official corruption and abuse for decades.”
The NUJP said the filing of the petition “proves without a doubt that this government is hell-bent on using all its powers to shut down the broadcast network… So much so that it would risk trampling on Congress’ authority to legislate franchises.”
The University of the Philippines College of Mass Communication said the Calida petition demonstrated the lengths the government could go to silence critical voices in media.
Human Rights Watch Asia Division researcher Carlos Conde said the quo warranto case “has all the indications of political harassment.”
Meanwhile, senators said Congress is mandated to act on the franchise application of ABS-CBN, but this would not prevent the Supreme Court from acting on the quo warranto petition.
“As the Constitution mandates, the Senate’s jurisdiction over franchises remains despite the existence of the petition,” said Sen. Mary Grace Poe, chairman of the Senate Committee on Public Services.
Sen. Panfilo Lacson said he sees no conflict in jurisdictions: “The quo warranto petition is under the original jurisdiction of the Court. Approval or renewal of legislative franchise is the jurisdiction of both houses of Congress.”
“Congress is likewise not prevented from exercising its powers under the same Constitution to act on the application for renewal or a new franchise, which is now pending before the House of Representatives,” he added.
But Sen. Francis Pangilinan bared that the Congress has the duty to give due process to ABS-CBN’s application for franchise renewal.
“Complaints against the network should be formally lodged before Congress to be tackled
in the hearing, giving opportunity for all sides to be heard,” he said.
Sen. Sherwin Gatchalian said the quo warranto petition is unnecessary since the franchise of the company would automatically expire by the end of March.
In the House of Representatives, lawmakers supporting the renewal of ABS-CBN’s franchise took turns in lambasting the Calida petition.
Cagayan de Oro City Second District Rep. Rufus Rodriguez said the OSG’s move was unconstitutional since only the Congress can grant franchises.
Rodriguez said the petition violates the principle of separation of powers.
Albay First District Rep. Edcel Lagman called the complaint unwarranted and misplaced.
He claimed that the essence of a quo warranto petition is that the respondent usurps the exercise of a public office, position or franchise to which the respondent is not entitled in the first place. He, however, insisted that ABS-CBN holds a valid congressional franchise.
Deputy House Speaker and Pangasinan Third District Rep. Rose Marie Arenas, considered the petition as a “formal disclosure” of the government’s position on the franchise renewal.
“While it is my view that only Congress holds the sole authority in granting and revoking legislative franchises this petition will, in fact, put forth all the questions and issues surrounding this matter, and hence enable a more enlightened and spirited discourse,” she said.
Laguna Third District Rep. Sol Aragones said the House would continue to hold a hearing on the franchise renewal despite the OSG petition.
“Our main concern are the 11,000 employees who might lose their jobs if the franchise is not renewed, most of them have been my colleagues when I still worked with the network,” the lawmaker added.
Agusan del Norte First District Rep. Lawrence Fortun said the OSG petition would be moot and academic in just a few weeks and believes that the petition might be a “a roundabout way to tell Congress how the administration really feels about ABS-CBN.”
“We still have to see the contents of the quo warranto petition but, offhand, this is quite puzzling since the franchise sought to be revoked is expiring in a month,” he added.
“By the time the Supreme Court sets to resolve the petition after parties have sent in their answers and comments, the current franchise would have already expired and there would be nothing to revoke in the first place. The petition becomes moot and academic. The franchise, however, expires. Effectively, its renewal is denied,” Fortun said.
Bayan Muna said the OSG’s move only shows that it had become a “biased institution” carrying out Duterte’s political vendetta. WITH REINA C. TOLENTINO, ARIC JOHN SY CUA, BERNADETTE E. TAMAYO, JAVIER JOE ISMAEL, FRANZ LEWIN EMBUDO, DIVINA NOVA JOY DELA CRUZ AND AFP
https://www.manilatimes.net/2020/02/11/news/headlines/govt-seeks-to-strip-abs-cbn-franchise/682983/
Egypt revives idea of creating central Sinai province
Egypt seems determined to create a central Sinai governorate, carving out parts of the peninsula's existing northern Sinai and southern Sinai provinces. The result, officials hope, will reduce terrorism in the area and allow the country to take advantage of the region's potential.
Maj. Gen. Khaled Fouda, governor of southern Sinai, told a visiting parliamentary delegation Jan. 19 that a decision would be issued soon on whether to set up the proposed province.
The partition plan dates back years, and was especially notable when then-deputy Prime Minister Abdel Fattah al-Sisi said he would run in the May 2014 presidential election. A proposal to redivide the provinces and establish new cities was part of his platform. After his election, a special committee proposed provincial borders and by December of that year, plans even included an airport for the new province. The government said central Sinai would consist of the southern Sinai towns of Ras Sedr, as the capital, Abu Zenima, Abou Redis, Nuweiba and Taba. Nekhel in northern Sinai would also become part of the new province.
Some Sinai tribes, however, rebuffed the proposal at that time. Sheikh Salemeh Masmah, leader of the Haywat tribe in Taba, said annexing parts of the southern and northern Sinai provinces to form a third could cause problems among the tribes, whose social lifestyles vary. He also noted that mountains would be a barrier to the annexation.
Recently, Sheikh Abdullah Jahama, leader of the Tarabin Bedouins and head of the Sinai Mujahedeen Society, told Al-Monitor, “The decision to create the central Sinai governorate is designed to place the focus on development in the central parts of Sinai, where terrorism hotbeds mushroomed." According to him, the area has much to offer, and "the central parts of Sinai are known for their vast territory, large population and natural resources — most notably the quarries.”
In past decades, the government focused on developing the northern and southern parts of the peninsula, while the central parts lack infrastructure and services. "These will be made available when these parts become their own governorate," he explained.
However, Jahama said, "The Sinai tribes [still] fear that the redemarcation of the Sinai [borders] will break up the families and divide areas where a single family lives. Based on that, the proposal must be raised for discussion among the tribes.”
Rahmi Abd Rabbo, a parliament member representing northern Sinai, told El-Balad news Jan. 18 that establishing a central Sinai province would boost the population there, help develop villages "and contribute to the discovery of the natural resources such as marble, glass sand, coal and cement.” The area also has fertile soil, he noted.
Medical and religious tourism also would benefit from development in the central peninsula, said Attia Moussa, a parliament member for the south Sinai province. “Providing central Sinai with an administrative body and governor of its own would help boost investments," he told Al-Monitor.
Another parliament member, Salama al-Raqiei, told Al-Monitor he had previously proposed establishing a central Sinai province, to include Ras Sedr and administrative divisions for Hasna, Nekhel and Taba.
"There should be an integrated strategy to establish [the central Sinai province], to avoid a cancellation of the decision, as happened to the decisions to set up the 6th of October and Helwan governorates.”
The government abolished a decision to set up the 6th of October and Helwan provinces as separate governorates, deciding instead to keep them as cities in the Giza and Cairo provinces, respectively. The decision had been implemented, but employees and residents of those areas objected because of the ensuing administrative confusion.
Like Jahama, Raqiei noted there are similar concerns now among tribes in towns bordering the proposed province, and some of the communities that would be affected are close-knit. But, he said, officials "will undoubtedly take that into account when demarcating the border of the new governorate.”
He stressed the importance of developing the central peninsula, noting, "The central parts of Sinai are known for its cement industry, mining resources, and marble and coal quarries. They are affiliated with the north Sinai governorate, but lack attention from the government."
According to Raqiei, “[Most of] the residents of the central parts of Sinai welcome this decision, which allows them to benefit from the budget and services of the central governorate’s administrative body. This is because they suffer marginalization and lack services.”
Also, he said, "The state has become aware that the best means to combat extremist [groups] is through development and the resulting scattered populations. Based on that, the work in the coming period will focus on developing the central parts of Sinai that previously suffered from terrorism.”
https://www.al-monitor.com/pulse/originals/2020/02/egypt-to-create-new-governorate-to-develop-central-sinai.html
Maj. Gen. Khaled Fouda, governor of southern Sinai, told a visiting parliamentary delegation Jan. 19 that a decision would be issued soon on whether to set up the proposed province.
The partition plan dates back years, and was especially notable when then-deputy Prime Minister Abdel Fattah al-Sisi said he would run in the May 2014 presidential election. A proposal to redivide the provinces and establish new cities was part of his platform. After his election, a special committee proposed provincial borders and by December of that year, plans even included an airport for the new province. The government said central Sinai would consist of the southern Sinai towns of Ras Sedr, as the capital, Abu Zenima, Abou Redis, Nuweiba and Taba. Nekhel in northern Sinai would also become part of the new province.
Some Sinai tribes, however, rebuffed the proposal at that time. Sheikh Salemeh Masmah, leader of the Haywat tribe in Taba, said annexing parts of the southern and northern Sinai provinces to form a third could cause problems among the tribes, whose social lifestyles vary. He also noted that mountains would be a barrier to the annexation.
Recently, Sheikh Abdullah Jahama, leader of the Tarabin Bedouins and head of the Sinai Mujahedeen Society, told Al-Monitor, “The decision to create the central Sinai governorate is designed to place the focus on development in the central parts of Sinai, where terrorism hotbeds mushroomed." According to him, the area has much to offer, and "the central parts of Sinai are known for their vast territory, large population and natural resources — most notably the quarries.”
In past decades, the government focused on developing the northern and southern parts of the peninsula, while the central parts lack infrastructure and services. "These will be made available when these parts become their own governorate," he explained.
However, Jahama said, "The Sinai tribes [still] fear that the redemarcation of the Sinai [borders] will break up the families and divide areas where a single family lives. Based on that, the proposal must be raised for discussion among the tribes.”
Rahmi Abd Rabbo, a parliament member representing northern Sinai, told El-Balad news Jan. 18 that establishing a central Sinai province would boost the population there, help develop villages "and contribute to the discovery of the natural resources such as marble, glass sand, coal and cement.” The area also has fertile soil, he noted.
Medical and religious tourism also would benefit from development in the central peninsula, said Attia Moussa, a parliament member for the south Sinai province. “Providing central Sinai with an administrative body and governor of its own would help boost investments," he told Al-Monitor.
Another parliament member, Salama al-Raqiei, told Al-Monitor he had previously proposed establishing a central Sinai province, to include Ras Sedr and administrative divisions for Hasna, Nekhel and Taba.
"There should be an integrated strategy to establish [the central Sinai province], to avoid a cancellation of the decision, as happened to the decisions to set up the 6th of October and Helwan governorates.”
The government abolished a decision to set up the 6th of October and Helwan provinces as separate governorates, deciding instead to keep them as cities in the Giza and Cairo provinces, respectively. The decision had been implemented, but employees and residents of those areas objected because of the ensuing administrative confusion.
Like Jahama, Raqiei noted there are similar concerns now among tribes in towns bordering the proposed province, and some of the communities that would be affected are close-knit. But, he said, officials "will undoubtedly take that into account when demarcating the border of the new governorate.”
He stressed the importance of developing the central peninsula, noting, "The central parts of Sinai are known for its cement industry, mining resources, and marble and coal quarries. They are affiliated with the north Sinai governorate, but lack attention from the government."
According to Raqiei, “[Most of] the residents of the central parts of Sinai welcome this decision, which allows them to benefit from the budget and services of the central governorate’s administrative body. This is because they suffer marginalization and lack services.”
Also, he said, "The state has become aware that the best means to combat extremist [groups] is through development and the resulting scattered populations. Based on that, the work in the coming period will focus on developing the central parts of Sinai that previously suffered from terrorism.”
https://www.al-monitor.com/pulse/originals/2020/02/egypt-to-create-new-governorate-to-develop-central-sinai.html
Philippines moves to cancel top broadcaster’s franchise
PHILIPPINE government lawyers moved today to strip the nation’s biggest media group of its franchise in what campaigners branded another attack on press freedom under President Rodrigo Duterte.
Duterte has repeatedly pledged to stop the broadcast operations of ABS-CBN and expressed anger over its reporting during the 2016 presidential election campaign.
https://www.themalaysianinsight.com/s/218168
Duterte has repeatedly pledged to stop the broadcast operations of ABS-CBN and expressed anger over its reporting during the 2016 presidential election campaign.
https://www.themalaysianinsight.com/s/218168
Calida asks SC: Nullify ABS-CBN franchise
The Office of the Solicitor General (OSG) has asked the Supreme Court (SC) to cancel the congressional franchise of television network ABS-CBN through quo warranto, the same type of petition it used to oust Maria Lourdes Sereno as chief justice in 2018.
As in the case of Sereno, Malacañang claimed it had no hand in the move against ABS-CBN, which rights watchdog decried as an attack on press freedom.
Solicitor general Jose Calida declined to accept questions from reporters, although he said there was no politics involved in the move.
But at an event later in the day at Camp Crame, he said it is better to file the petition even this late – the ABS-CBN franchise will expire on March 30 – than to never have pushed legal boundaries and castigate the network for “violations against the Constitution and laws.”
“What’s wrong is wrong,” Calida stressed.
In its statement, the OSG said it “want(ed) an end to what we discovered to be highly abusive practices of ABS-CBN benefitting a greedy few at the expense of its millions of loyal subscribers.”
The broadcasting giant “has been broadcasting for a fee,” which was “an abuse (of) the privilege granted by the State when it launched and operated a pay-per-view channel in ABS-CBN TV Plus, the KBO Channel, without prior approval or permit from the National Telecommunications Commission.”
In the KBO (Kapamilya Box Office) Channel, subscribers of ABS-CBN TV Plus, a device introduced by ABS-CBN to transmit digital signal to television sets, will pay a certain fee for them to watch select movies weekly.
The OSG also said that ABS-CBN has “issued Philippine Deposit Receipts (PDR) through ABS-CBN Holdings Corporation to foreigners,” which violates Article 16, Section 11 of the 1987 Constitution that limits ownership of mass media to Filipinos.
It also pointed out that the network’s subsidiary, ABS-CBN Convergence, “resorted to an ingenious corporate laying scheme in order to transfer its franchise without the necessary congressional approval.”
“It failed to publicly offer any of its outstanding capital stock to any securities exchange within the Philippines within five years from the start of its operations, which is an indispensable condition in its franchise,” the OSG claimed.
President Duterte has expressed many times in the past his opinion against the renewal of the network’s franchise and even told the owners – the Lopez family which included the late former Department of the Environment and Natural Resources (DENR) secretary Gina Lopez – to just sell the company.
But presidential spokesman Salvador Panelo said Duterte has no hand in the filing of the petition and that the OSG is “constitutionally bound to institute any action against any transgressors of law.”
“And if a franchise holder is violating its franchise, then it is his duty to file a petition of quo warranto,” Panelo said at a press briefing.?“What I know of the President’s style is, if you want to do something in relation to your job, do it. Let the law takes its course.” ?Duterte has accused ABS-CBN of peddling “garbage” reports designed to discredit him and of swindling for allegedly not airing his campaign advertisements.
He threatened to block the renewal of the broadcast giant’s franchise by saying “I will see to it that you’re out” in a speech delivered in Malacañang last Dec. 3.
Panelo could not say for sure what the President meant when he made the remark. “He did not finish (the statement). Out when? Maybe out of my grace? It’s like you are bad shot to me. You used to be good shot.”
Panelo claimed Duterte’s statement was just an “expression of displeasure” and that, ultimately, it would be up to Congress to decide whether the ABS-CBN franchise would be renewed.
He cited as an example Duterte’s statement that he would “kill” billionaires, a remark that he said actually meant killing the “desire of rich billionaires to steal money from the people.” ?“Now, with respect to the... President’s feelings about ABS-CBN, you must remember that there is a basis for his expression of displeasure. What? He was a victim of fraud. And when he expresses that, that expression falls within the freedom of expression which we cannot deprive a President, given that all citizens are entitled to that,” he added.
Panelo, however, acknowledged that “Congress has the authority to grant or to renew, not the President... And as you know, the practice of the President, he does not interfere with the function of Congress.”?“Congress has the constitutional authority to grant a franchise. But when you file a petition for a franchise to be withdrawn, which has already been granted, it is not depriving Congress... The petition was filed because there are violations,” he explained in reference to the position of several lawmakers on jurisdiction.
Panelo advised ABS-CBN artists who are calling for the renewal of the network’s franchise to relay their concerns to Congress, saying, “they should ask Congress to renew the license. The President had nothing to do with that. Second, it’s the court that will decide (on the petition), not him... But I can understand the feelings of people in (ABS-CBN).” – With Neil Jayson Servallos, Alexis Romero
https://www.philstar.com/headlines/2020/02/11/1992181/calida-asks-sc-nullify-abs-cbn-franchise
As in the case of Sereno, Malacañang claimed it had no hand in the move against ABS-CBN, which rights watchdog decried as an attack on press freedom.
Solicitor general Jose Calida declined to accept questions from reporters, although he said there was no politics involved in the move.
But at an event later in the day at Camp Crame, he said it is better to file the petition even this late – the ABS-CBN franchise will expire on March 30 – than to never have pushed legal boundaries and castigate the network for “violations against the Constitution and laws.”
“What’s wrong is wrong,” Calida stressed.
In its statement, the OSG said it “want(ed) an end to what we discovered to be highly abusive practices of ABS-CBN benefitting a greedy few at the expense of its millions of loyal subscribers.”
The broadcasting giant “has been broadcasting for a fee,” which was “an abuse (of) the privilege granted by the State when it launched and operated a pay-per-view channel in ABS-CBN TV Plus, the KBO Channel, without prior approval or permit from the National Telecommunications Commission.”
In the KBO (Kapamilya Box Office) Channel, subscribers of ABS-CBN TV Plus, a device introduced by ABS-CBN to transmit digital signal to television sets, will pay a certain fee for them to watch select movies weekly.
The OSG also said that ABS-CBN has “issued Philippine Deposit Receipts (PDR) through ABS-CBN Holdings Corporation to foreigners,” which violates Article 16, Section 11 of the 1987 Constitution that limits ownership of mass media to Filipinos.
It also pointed out that the network’s subsidiary, ABS-CBN Convergence, “resorted to an ingenious corporate laying scheme in order to transfer its franchise without the necessary congressional approval.”
“It failed to publicly offer any of its outstanding capital stock to any securities exchange within the Philippines within five years from the start of its operations, which is an indispensable condition in its franchise,” the OSG claimed.
President Duterte has expressed many times in the past his opinion against the renewal of the network’s franchise and even told the owners – the Lopez family which included the late former Department of the Environment and Natural Resources (DENR) secretary Gina Lopez – to just sell the company.
But presidential spokesman Salvador Panelo said Duterte has no hand in the filing of the petition and that the OSG is “constitutionally bound to institute any action against any transgressors of law.”
“And if a franchise holder is violating its franchise, then it is his duty to file a petition of quo warranto,” Panelo said at a press briefing.?“What I know of the President’s style is, if you want to do something in relation to your job, do it. Let the law takes its course.” ?Duterte has accused ABS-CBN of peddling “garbage” reports designed to discredit him and of swindling for allegedly not airing his campaign advertisements.
He threatened to block the renewal of the broadcast giant’s franchise by saying “I will see to it that you’re out” in a speech delivered in Malacañang last Dec. 3.
Panelo could not say for sure what the President meant when he made the remark. “He did not finish (the statement). Out when? Maybe out of my grace? It’s like you are bad shot to me. You used to be good shot.”
Panelo claimed Duterte’s statement was just an “expression of displeasure” and that, ultimately, it would be up to Congress to decide whether the ABS-CBN franchise would be renewed.
He cited as an example Duterte’s statement that he would “kill” billionaires, a remark that he said actually meant killing the “desire of rich billionaires to steal money from the people.” ?“Now, with respect to the... President’s feelings about ABS-CBN, you must remember that there is a basis for his expression of displeasure. What? He was a victim of fraud. And when he expresses that, that expression falls within the freedom of expression which we cannot deprive a President, given that all citizens are entitled to that,” he added.
Panelo, however, acknowledged that “Congress has the authority to grant or to renew, not the President... And as you know, the practice of the President, he does not interfere with the function of Congress.”?“Congress has the constitutional authority to grant a franchise. But when you file a petition for a franchise to be withdrawn, which has already been granted, it is not depriving Congress... The petition was filed because there are violations,” he explained in reference to the position of several lawmakers on jurisdiction.
Panelo advised ABS-CBN artists who are calling for the renewal of the network’s franchise to relay their concerns to Congress, saying, “they should ask Congress to renew the license. The President had nothing to do with that. Second, it’s the court that will decide (on the petition), not him... But I can understand the feelings of people in (ABS-CBN).” – With Neil Jayson Servallos, Alexis Romero
https://www.philstar.com/headlines/2020/02/11/1992181/calida-asks-sc-nullify-abs-cbn-franchise
Manila urges court to cancel ABS-CBN Corp’s franchise
The Philippine government yesterday urged the Supreme Court of the Philippines to cancel the franchises of the country’s top broadcaster, ABS-CBN Corp., a move that opposition lawmakers and rights advocates called intimidation of independent media.
The government said that the 66-year-old entertainment and media conglomerate had violated ownership laws and was involved in “highly abusive practices.”
Philippine President Rodrigo Duterte’s opponents said that the complaint was timed to deny the Philippine Congress the chance to renew the franchise of ABS-CBN, which employs nearly 7,000 people and engages hundreds of celebrities in radio, television and online content.
Philippine Solicitor-General Jose Calida said that ABS-CBN had for too long shown greed and abuse of what was a privileged franchise.
“We want to put an end to what we discovered to be highly abusive practices of ABS-CBN benefiting a greedy few at the expense of millions of its loyal subscribers,” Calida said in a statement.
ABS-CBN denied that and said the complaint appeared to be “an effort to shut down ABS-CBN to the serious prejudice of millions of Filipinos.”
Duterte has accused ABS-CBN of refusing to air his campaign commercials.
ABS-CBN has not directly responded to Duterte’s claims, but its chairman, Eugenio Lopez, said at the company stockholders’ meeting in 2017 that it was “part and parcel of our work being a media institution.”
In 2018, the government revoked the license of Rappler, a news Web site that Duterte called a “fake news outlet” sponsored by US spies.
Rappler still operates pending appeal.
Calida said that ABS-CBN started a pay-per-view channel without approval and charges fees not supposed to be levied.
Like Rappler, ABS-CBN had breached foreign ownership restrictions behind an “elaborately crafted corporate veil,” he said.
http://www.taipeitimes.com/News/world/archives/2020/02/11/2003730772
The government said that the 66-year-old entertainment and media conglomerate had violated ownership laws and was involved in “highly abusive practices.”
Philippine President Rodrigo Duterte’s opponents said that the complaint was timed to deny the Philippine Congress the chance to renew the franchise of ABS-CBN, which employs nearly 7,000 people and engages hundreds of celebrities in radio, television and online content.
Philippine Solicitor-General Jose Calida said that ABS-CBN had for too long shown greed and abuse of what was a privileged franchise.
“We want to put an end to what we discovered to be highly abusive practices of ABS-CBN benefiting a greedy few at the expense of millions of its loyal subscribers,” Calida said in a statement.
ABS-CBN denied that and said the complaint appeared to be “an effort to shut down ABS-CBN to the serious prejudice of millions of Filipinos.”
Duterte has accused ABS-CBN of refusing to air his campaign commercials.
ABS-CBN has not directly responded to Duterte’s claims, but its chairman, Eugenio Lopez, said at the company stockholders’ meeting in 2017 that it was “part and parcel of our work being a media institution.”
In 2018, the government revoked the license of Rappler, a news Web site that Duterte called a “fake news outlet” sponsored by US spies.
Rappler still operates pending appeal.
Calida said that ABS-CBN started a pay-per-view channel without approval and charges fees not supposed to be levied.
Like Rappler, ABS-CBN had breached foreign ownership restrictions behind an “elaborately crafted corporate veil,” he said.
http://www.taipeitimes.com/News/world/archives/2020/02/11/2003730772
ABS-CBN: We’ve complied with all laws on franchise, quo warranto filing ill-timed
MEDIA giant ABS-CBN Corp. maintained on Monday it has always complied with the laws governing its franchise and had secured all regulatory approvals for its operations.
In a statement after the Office of the Solicitor General filed a quo warranto case against it, the company said the allegations of the government lawyers “are without merit,” listing its defense against the case filed by the OSG.
The listed multimedia conglomerate said all its offerings, including KBO, are allowed under its franchise, and that its Philippine Depositary Receipts (PDRs) were “evaluated and approved” by securities regulator prior to their offering.
It further explained that its ownership of ABS-CBN Convergence is the similar track by which telco companies own their businesses, and that the share transfers were above board, as they are “fully compliant” with the Public Telecommunications Act.
KBO, it said, is one of the cheapest forms of entertainment in the country. The capital raised from the PDRs funded its services to “nearly 90 percent of the Philippines, and to our overseas Filipino workers all over the world.” It added that its telco arm helps policy-makers in improving Internet access in the country.
“We reiterate that everything we do is in accordance with the law. We did not violate the law. This case appears to be an attempt to deprive Filipinos of the services of ABS-CBN,” the statement read.
Monday saw the OSG filing a quo warranto case against the Lopez-led multimedia giant before the Supreme Court, asking it to revoke the already expiring franchise of ABS-CBN for allegedly violating its franchise.
The quo warranto filing drew controversy, as it comes while the House of Representatives is being pressured to call hearings on various proposals to renew ABS-CBN’s franchise, which expires in March. Some lawmakers said Solicitor General Jose Calida’s move infringed on Congress’s power to grant franchises.
In his “very urgent” motion, Calida alleged foreign investors “taking part” in the ownership of mass media, citing the Philippine Constitution as his reference. He also said the set-top box for digital television—TV Plus—as well as the KBO network were “not approved by the National Telecommunications Commission.”
President Duterte has publicly stated he wanted to remove the ABS-CBN franchise from the Lopezes since he took office on June 30, 2016, when he started launching a tirade of accusations against the television titan.
Despite this, solons have given assurances that the franchise hearing will proceed.
“The Senate, the House of Representatives and the Executive branch have assured the public that our franchise will be allowed to go through the proper renewal process in a fair manner. To that end, the filing of the quo warranto case is ill-timed given that Congress has already resumed its session,” ABS-CBN’s statement read.
Time and again, media groups have cried foul against the Duterte administration’s “Marcosian game plan” to derail the franchise renewal of ABS-CBN Corp., calling it a blatant attack to suppress press freedom marred with “putrid motives.” The Duterte administration insists the case has nothing to do with press freedom.
https://businessmirror.com.ph/2020/02/11/abs-cbn-weve-complied-with-all-laws-on-franchise-quo-warranto-filing-ill-timed/