Wednesday, February 12, 2020

House panel OKs proposed division of Maguindanao

COTABATO CITY -- A proposal to divide the province of Maguindanao into two has been approved by the House Committee on Local Government, a Maguindanaon lawmaker said Wednesday.

The committee approved the bill on the “Creation of two provinces of Maguindanao,” which is a consolidation of two earlier House bills, namely the Western Maguindanao Province House Bill 4840 of Maguindanao 1st District Rep. Datu Roonie Q. Sinsuat Sr. and Southern Maguindanao Province House Bill 3405 of Maguindanao 2nd District Rep. Esmael G. Mangudadatu.

“I would like to make it clear that the House of Representative approval on Tuesday for the division of Maguindanao is yet on the committee level,” he said over radio dxMY here Wednesday.

Sinsuat said deliberations on the proposal began on Jan. 28, but asked the committee for a postponement so he and Mangudadatu could settle minor differences into their separate bills.

“For the next two weeks we had enough time to consolidate our bills,” Sinsuat said.

Mangudadatu said the proposal to divide the province has yet to pass the plenary for the committee report, followed by interpolation and debates on the proposition.

“What is important is that we have arrived at a unanimous decision at the committee level to dive the province for faster development,” Mangudadatu said in a separate interview by the Philippine News Agency here.

Under the proposal, the province, which has 36 towns, would be divided into Maguindanao del Norte and Maguindanao del Sur.

Maguindanao del Norte would include 11 towns, mostly in the province’s first district that includes Datu Odin Sinsuat, Datu Blah Sinsuat, Sultan Kudarat, Sultan Mastura, Upi, Kabuntalan Mother, Northern Kabuntalan, Parang, Buldon, Matanog and Barira.

Datu Odin Sinsuat town is the proposed capital of Maguindanao del Norte.

On the other hand, Maguindanao del Sur would comprise the towns of Municipalities of Pagalunga, Buluan, Sultan sa Barongis, Shariff Aguak, Talayan, South Upi, Datu Piang, Datu Paglas, Ampatuan, Libutan, General Salipada K. Pendatun, Mamasapano, Sultan Sumagka, Datu Montawal, Paglat, Guindulungan, Datu Saudi-Ampatuan, Datu Unsay, Datu Abdullah Sangki, Rajah Buayan, Pandag, Mangudadatu, Datu Anggal Midtimbang, Datu Hoffer Ampatuan, Datu Salibo and Shariff Saydona Mustapha.

Maguindanao del Sur’s capital is in Buluan town.

In the proposed law it stated "Any municipality that may hereafter be created within the jurisdiction of their provinces shall automatically form part of its constituent units."

Section 7 of the proposed law stated "The province of Northern Maguindanao shall have its own legislative district in the next national and local elections after the effectivity of this Charter. Henceforth, the municipalities of Barira, Buldon, Matanog, Parang, Sultan Kudarat and Sultan Mastura shall comprise the 1st Legislative District of the Province of Northern Maguindanao while the municipalities of Datu Blah T. Sinsuat, Datu Odin Sinsuat, Kabuntalan, Northern Kabuntalan and Upi shall comprise the 2nd Legislative District of the Province of Northern Maguindanao and the municipalities of Ampatuan, Buluan, Datu Abdullah Sangki, Datu Anggal Midtimbang, Datu Hoffer Ampatuan, Datu Montawal, Datu Paglas, Datu Piang, Datu Salibo, Datu Saudi-Ampatuan, Datu Unsay, General Salipada K. Pendatun, Guindulungan, Mamasapano, Mangudadatu, Pagalungan, Paglat, Pandag, Rajah Buayan, Shariff Aguak, Shariff Saydona Mustapha, South Upi, Sultan sa Barongis, Sultan Sumagka and Talayan shall comprise the Lone Legislative District of the Province of Southern Maguindanao. For the purpose of this section, Cotabato City shall have its own legislative district effective upon the election and qualification of its representative to be held on the second Monday of May in the year 2022. The incumbent Representatives of the present Province of Maguindanao shall continue to represent their respective legislative districts until the expiration of their term of office."

Both Sinsuat and Mangudadatu said they earlier met with Maguindanao Governor Bai Mariam Sangki-Mangudadatu and the mayors of the province and all have supported the proposal.

https://www.pna.gov.ph/articles/1093618

Other media networks allowed to operate despite expired franchise, solon says

A Philippine lawmaker on Wednesday cited other companies that continued broadcast operations despite expired franchises in the past, a scenario that should also apply to ABS-CBN Corp. while Congress is tackling bills for its new franchise.

AKO Bicol Rep. Alfredo Garbin, who filed one of the bills, said GMA Network, Inc., Smart Communications, Inc., Philippine Telegraph & Telephone Corp. (PT&T) and the Catholic Bishops Conference of the Philippines (CBCP) were allowed to operate their businesses beyond the expiry of their respective franchises.

"We have a uniform principle applied by the Senate and the kung saan there were franchises, whether it be application for grant amendment, or renewal, even if it lapsed, as long as it is filed timely and during the pendency of the Congress wherein the application was filed, binibigyan sila ng palugit (they are given allowance), pending the approval of their applications,” Garbin told reporters.

He said this principle was applied to the franchise of GMA Network, that expired on Mar. 20, 2017, and was renewed through a law signed by President Rodrigo Duterte on April 21, 2017.

The lawmaker also presented a letter from the National Telecommunications Commission to Palawan Rep. Franz Alvarez, chair of the House legislative franchises committee, citing the expiry of the CBCP's franchise on Aug. 4, 2017.

In the Feb. 12, 2018 letter, NTC commissioner Gamaliel Cordoba cited the following remarks of former House committee chair Marikina Rep. Marcelino Teodoro: "considering the period that a legislative measure takes to get approved, the said grantee’s franchise term lapsed November 2015 but its application for renewal is still within the term of the 16th Congress.”

Garbin said that if applied on ABS-CBN, the company has until the end of the 18th Congress that coincides with the end of President Rodrigo Duterte's term in mid-2022.

Senate President Vicente "Tito" Sotto III and Isabela Rep. Antonio Albano, vice chair of the House franchise committee, earlier said ABS-CBN will not shut down when its franchise expires March 30.

Duterte has repeatedly said he will block the franchise renewal of ABS-CBN Corp., citing its alleged biased reporting and failure to air his political advertisement during the 2016 presidential elections campaign period.

On Monday, the government's top counsel filed a quo warranto petition against the broadcast giant for alleged violations of its franchise and other relevant laws.

Some sectors regard the developments as a threat to press freedom, a view not shared by the administration.

https://news.abs-cbn.com/news/02/12/20/other-media-networks-allowed-to-operate-despite-expired-franchise-solon-says

Albano on ABS-CBN franchise: ‘Please do not pressure us so much’


Admitting that they were receiving pressure from both those in support and against the renewal of franchise of ABS-CBN, the vice-chairperson of the House panel tasked to tackle the extension of the network’s broadcasting right has one request: “Please do not pressure us so much.”

Isabela Rep. Antonio “Tonypet” Albano, who serves as the vice-chairperson of the House committee on legislative franchises, made the call Wednesday as the clock ticked before the expiration of ABS-CBN’s franchise on March 30.

“My statement and the Speaker’s statement, and the House of Representatives’ statement and Chairman Chikoy Alvarez’s statement is that please, do not pressure us so much because we are taking pressures from both sides of the aisle—no less than the President and even networks and even journalists are giving us tremendous pressure,” Albano said in a press briefing.

Such pressure, Albano said, would create biases among members of their committee.

“If there are biases, then we will not be able to do our good job in determining whether or not we should permit and allow again ABS-CBN—it’s the franchise to be renewed,” the lawmaker added.

Asked to detail about the said pressure, Albano said they are receiving pressure from both those for and against the franchise renewal.

“It is such a fact and everyone knows that we have pressures coming in from both sides of the realm—pros and cons. Even pressures from journalists like you and especially for ABS-CBN, it is normal to have all these pressures given the sides that you are fighting for,” Albano said.

“If you’re against ABS-CBN, especially the pressure coming from no less than the President and now the Solicitor General and other politicians and senators doing backdoor channeling, syempre ayaw nila magpa-identify ( of course, they don’t want to be identified),” he added.

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.

Currently, there are at least 11 bills filed in the House seeking to renew the franchise of ABS-CBN, which is one of the biggest media outlets in the country. Its franchise is set to expire on March 30.

But despite the number of bills filed in support of the renewal of the media giant’s franchise, the House committee on legislative franchises has yet to tackle the issue.

https://newsinfo.inquirer.net/1227831/fwd-albano-on-abs-cbn-franchise-please-do-not-pressure-us-so-much

House panel proceeding 'cautiously' on ABS-CBN franchise renewal: Albano

The House committee tasked with hearing bills renewing ABS-CBN’s franchise refuses to be “coerced” into deciding on the measures, its vice chairperson said on Wednesday.

Isabela 1st District Rep. Antonio Albano, vice-chair of the House Committee on Legislative Franchises, said the panel would not be "stampeded" into hasty decisions on the renewal of the leading broadcast network's franchise.

This amid calls within the chamber and among media organizations and supportive groups for House action on the bills. A total of 11 proposals are pending in the House for the renewal of ABS-CBN's broadcast franchise, set to expire on March 30, 2020.

"While we understand the concerns aired by various sectors - including our colleagues in the Senate - we stand by our process and we refuse to be stampeded or coerced into making hasty decisions for political mileage," said Albano in a statement.

Citing earlier statements of House Speaker Alan Peter Cayetano, Albano said: "...[W]e must and we are proceeding steadily, but cautiously given the highly charged atmosphere among those who are against and in favor of its renewal."

President Rodrigo Duterte has repeatedly said he would block ABS-CBN's franchise renewal, saying that it did not air his ads during the May 2016 presidential campaign, among others.

On Monday, the government's top counsel filed a quo warranto petition before the Supreme Court seeking to invalidate ABS-CBN's current franchise citing alleged violations of law.

Malacañang said the quo warranto petition had nothing to do with the President's earlier statements against the network.

ABS-CBN Corp on Monday said the petition to revoke its legislative franchise was “ill-timed,” and insisted that it did not violate any law as well as the constitutional ban on foreign ownership.

“We did not violate the law. This case appears to be an attempt to deprive Filipinos of the services of ABS-CBN,” the company said in a statement.

Albano also called on ABS-CBN to respond to Calida's allegations, saying "it is highly probable that those same concerns would be tackled" in the House hearings.

He also made reference to Cayetano's earlier statement urging media, especially ABS-CBN, to do some "soul-searching."

"...[T]his might be the most opportune time for the company to try and understand why public sentiment against the station is running high," he said.

"As a government franchisee, the network’s continued operation relies heavily on its ability to serve the public good. As it stands now, there are serious concerns being raised against ABS-CBN by various sectors - not just by the President and the Speaker - as to its business practices and its delivery of information to the public," he said.

ABS-CBN Corp. has been operating for 66 years, running free TV and cable channels as well as AM and FM radio stations.

On Tuesday, Albano and Senate President Vicente Sotto III said the network may continue its broadcast operations until the end of the 18th Congress as renewal bills have already been filed.

https://news.abs-cbn.com/news/02/12/20/house-panel-proceeding-cautiously-on-abs-cbn-franchise-renewal-albano

Panelo: Congress can overturn if Duterte vetoes ABS-CBN franchise renewal

By Genalyn Kabiling

Congress can overturn any approve or veto of President Duterte if such an option is applied to block a bill renewing the franchise of ABS-CBN network, a Palace official has said.

Presidential Spokesperson Salvador Panelo recognized that Congress has the authority to grant or renew the legislative franchise of the broadcast network despite the President’s “displeasure” with the firm.

“Let me say that the grant of a franchise falls exclusively within Congress,” Panelo told reporters at the Palace last Tuesday.

“Even in the—because some people are saying, ‘Oh but the President can approve or veto,’ in the event that the renewal is given by the Congress and the President approves it. Again, the Constitution says that can be by a two-thirds vote,” he said.

Panelo made the remarks after the Office of the Solicitor General filed before the Supreme Court a quo warranto petition seeking to nullify the network’s franchise. The government lawyer argued that the network has violated certain laws, including the constitutional ban on foreign ownership.

The Lopez-owned network denied the allegations made by the Solicitor General, insisting that it has not violated the law.

Panelo maintained that President Duterte has “nothing to do” with the legal action taken by Solicitor General Jose Calida.

“The filing of a petition for quo warranto is on the initiative of the Solicitor General pursuant to his constitutional duty to file any action in court in the event of any, from his point of view, transgression of any law,” he said.

He also explained the President’s criticisms of the television network were part of freedom of expression.

“Whatever utterances the President made in relation to ABS-CBN came from his displeasure of being a victim of fraud relative to his paying for his campaign commercial that never was aired,” he said.

“Now, those utterances fall within the freedom of expression, and we cannot deprive him of that given that the Constitution grants that to all citizens of the country. We will leave it to the Supreme Court vis-à-vis that petition.”

https://news.mb.com.ph/2020/02/12/panelo-congress-can-overturn-if-duterte-vetoes-abs-cbn-franchise-renewal/

House committee had no time to prioritize ABS-CBN franchise —Rep. Albano

The House Committee on Legislative Franchises did not have enough time to prioritize the franchise of ABS-CBN, its vice chair Isabela 1st District Representative Antonio Albano said on Wednesday.

Albano told Dobol B sa News TV in an interview that lawmakers had been busy in the past few months that they did not have the time to set a schedule to discuss the franchise of the broadcasting company.

“Hindi ganu'n kadali mag-schedule ng hearing. Ang daming nangyayari in the past few months that we did not have the time to sit down to see whether we can calendar the ABS-CBN franchise,” he said.

Albano however said House leaders and the committee prioritize issues that need to be attended to urgently like matters connected to the Taal Volcano eruption, even if these are not included in the calendar.

Speaker Alan Peter Cayetano and committee chair Representative Franz Alvarez tried to look at the said franchise issue but there were other bills that have been filed first, Albano said in a separate interview on ANC.

“Alangan naman laktawan namin ang mga nauna para sa ABS-CBN,” he added.

Albano noted that they also have to review pending petitions for the franchise legislation of other networks and radio stations.

“Even in the 17th Congress, this bill has already been filed. Pero kung gusto niyong mag-blame game, even the 17th Congress did not act on it because of so many pressing issues,” he said.

“It is unfair to call our committee of stonewalling. We need to follow our own rules and regulation,” he added.

ABS-CBN’s franchise will expire on March 30. The bills seeking its renewal have been pending in the House since August 2019.

Albano however pointed out that the broadcast company can still operate even if its legislative franchise has lapsed.

“Hindi naman porke't sa March 30 mag-lapse ang legislative franchise ng ABS-CBN, automatically they will cease to stop operations, dahil mayroon tayong sinasabing presumption of regularity,” he said.

As long as Congress does not deny its franchise, the broadcasting company can still operate. According to Albano, the presumption of regularity is commonly applied to those with pending petitions.

President Rodrigo Duterte had consistently threatened to revoke ABS-CBN's franchise, as he claimed the network did not air his paid political advertisements during the 2016 election campaign.

ABS-CBN’s franchise is also at risk as Solicitor General Jose Calida filed before the Supreme Court on Monday a quo warranto petition for its forfeiture over “highly abusive practices.” —Joviland Rita/KG, GMA News

https://www.gmanetwork.com/news/news/nation/725770/house-committee-had-no-time-to-prioritize-abs-cbn-franchise-rep-albano/story/

Can ABS-CBN still operate pending approval of franchise?

RALLY FOR ABS-CBN Employees of the TV network and their supporters stage a rally at Boy Scout Circle on Tomas Morato Avenue in Quezon City on Tuesday to protest moves aimed at revoking the franchise of the media giant that they claim amount to an attack on press freedom and puts thousands of jobs in danger. —EDWIN BACASMAS
The ABS-CBN universe does not end after March when its 25-year legislative franchise will have lapsed, according to two lawmakers.

Senate President Vicente Sotto III and Isabela Rep. Antonio Albano said on Tuesday the TV network could still operate as long as bills for the extension of its franchise were pending.

But Senate Minority Leader Franklin Drilon did not think so, saying ABS-CBN would not be able to operate without a renewed franchise.

The two opposing views were aired on Tuesday, a day after Solicitor General Jose Calida asked the Supreme Court to revoke the network’s privilege to operate because it violated the terms of its franchise and the Constitution.

Compliant

ABS-CBN Corp. said it was compliant with the law and the Constitution.

Acting on Calida’s quo warranto petition, the Supreme Court ordered the broadcast network to respond to his allegations that it violated its franchise conditions and the prohibition against foreign media ownership.

In their weekly full-court session on Tuesday, the justices gave ABS-CBN 10 days upon getting an official copy of the petition to submit its reply.

‘Deemed extended’

“As long as there is a pending bill for extension of franchise, they are deemed extended,” said Sotto, who used to head the committee on public services that handles franchises.

This means that if the bill remains pending and is not heard, ABS-CBN could still operate until 2022, when the term of the current Congress ends, Sotto said.

“If it is not approved until December 31, 2022, that is the only time it is terminated,”he added.

Sotto noted that this had been the case in other franchises that were not expressly renewed before these expired.

Albano sought to ease fears that the nonrenewal of the ABS-CBN franchise would cause the company’s immediate shutdown. It can still be allowed to operate while the 18th Congress deliberates on its new application, he said.

Albano said the media giant could request a provisional authority from the National Telecommunications Commission to be allowed to operate pending renewal of its franchise, or until Congress decides to approve or reject it.

‘Behind closed doors’

ABS-CBN’s franchise expires on March 30. Congress takes a break starting March 11.

Disputing allegations that the House committee on legislative franchises was sitting on several measures for the renewal of ABS-CBN’s franchise, Albano said the panel had been holding closed-door meetings to tackle the matter.

“We assure the public that we will hear the case later,” he said, noting that the committee chair and House leadership had been closely monitoring events. “We have other issues to tackle before we can tackle ABS-CBN.”

Ponder reforms

House Speaker Alan Peter Cayetano, meanwhile, urged ABS-CBN and the entire media industry to ponder reforms that, he said, were needed for them to better serve God and the Filipino people.

Sotto said that if the House of Representatives did not want to grant ABS-CBN a franchise, it should just deny its application.

The Senate President said he would seek a meeting of the mini Ledac, or Legislative-Executive Development Advisory Council, to determine the position of the House on the issue.

The meeting may take place next week. “At the moment, we’re handcuffed. Until it (the bill on ABS-CBN franchise renewal) reaches the Senate, we can’t do anything about it,”Sotto said.

The Senate is expected to approve the renewal of the network’s franchise, Majority Leader Juan Miguel Zubiri said on Monday. Most senators are in favor of it, he said. 

Sen. Nancy Binay is one of those who have spoken up in favor of the franchise, even though she said ABS-CBN had not treated her family well.

“Because it’s not about me,” Binay told reporters.

Access to information

“I understand the complaints about ABS-CBN, but freedom of information and access to information are more important. I think if ABS-CBN closes down, it would be a big blow to our access to information,” she added.

Binay was also concerned about the thousands of workers in the network who could lose their jobs.

“I’m not comfortable with the idea that we would let the franchise lapse into expiration without having it undergo the proper process. It would seem like we’re not doing our work,” she said.

If there is a problem in the franchise, it could be cured through amendments, she said.

“How can we talk about what needs to be fixed in the franchise if there is no hearing?”she said.

Political judgment

Drilon said the House could not be held accountable for not holding a hearing on the ABS-CBN franchise.

“They are not required to act on this recommendation. This is an exercise of political judgment. The members of Congress are answerable to the people insofar as this is concerned. You cannot even go to court and compel Congress to renew the franchise,”he said.

Baffled

He said he was baffled by the Office of the Solicitor General’s filing of a quo warranto petition in the Supreme Court, noting that the franchise would expire in a little over a month. 

“I don’t think the court can rule on the petition and in 50 days, the issue will become academic if the franchise is not renewed,”he said.

“Now, if Congress will grant the franchise, it must be Congress which will hear of the arguments of the alleged violation of the existing franchise and take this into account in renewing or not renewing the franchise of ABS-CBN. The jurisdiction is with Congress at this point.”

ABS-CBN has been the target of President Duterte’s tirades since he took office in 2016. He has denounced the TV network for not airing his campaign ads even if he had paid for them.

Abuse of power

Joining the calls of condemnation of journalists and rights groups, Vice President Leni Robredo on Tuesday called government attempts to shut down ABS-CBN abuse of power.

In a statement, Robredo called on members of Congress to uphold the freedoms of the press and of expression.

“Let us be clear: What is happening now is contrary to the usual process of franchise renewal,”she said. “This is harassment that is being done to serve the agenda of the few in power.”—With a report from Jhesset O. Enano

https://newsinfo.inquirer.net/1227470/can-abs-cbn-still-operate-pending-approval-of-franchise