Acknowledgments From ABS-CBN

On behalf of all ABS-CBN employees, we are very grateful to those who provide support for us.

We provide inspections and encouragement with statements of support from government officials, fellow media outlets in the Philippines and abroad, various industry organizations, academics, churches, artists, Families, Hearts, Siblings, friends, fans, and viewers.

Thank you for recognizing our service to millions of Filipinos worldwide. We especially strive to bring news, entertainment, and public service to the people.

Thanks also to your trust that ABS-CBN is serving faithfully, with integrity and does not violate the law.

We pray that everyone will have a better understanding of this issue.

It is a great honor for ABS-CBN to serve and be a part of every Filipino's life.

Again, thank you very much.

TIMELINE: ABS-CBN franchise

TV network ABS-CBN faces an uncertain future beyond March 30.

The Lopez-owned network’s franchise is yet to be renewed by Congress, while its current authority to broadcast has been put in peril after Solicitor General Jose Calida asked the Supreme Court to void it.

Apart from its flagship ABS-CBN channel, the media conglomerate also operates other brands such as ABS-CBN Sports and Action, cable channels DZMM Teleradyo, ABS-CBN News Channel or ANC, Cinema One, Jeepney TV, Knowledge Channel, Metro Channel, Myx, ABS-CBNNews.com, and global channel TFC.

The network also started offering digital TV boxes which carries KBO, a channel airing Filipino movies. This was one of the two issues raised by Calida in asking the high court to revoke ABS-CBN’s franchise.

This is the first time for the oldest TV station in the country to go through problems with franchise renewal. Here’s what went before:

June 14, 1950: Republic Act No. 511 is passed giving a temporary permit for Bolinao Electronics Corporation to operate a television station in the Philippines. The firm is renamed Alto Broadcasting System in 1953, patterned after the first names of its new owners Aleli and Tony Quirino, the brother of former President Elpidio Quirino.

February 24, 1957: Lawyer and businessman Eugenio Lopez Sr. buys the company from the Quirinos. This leads to the merger of ABS and Chronicle Broadcasting Network or CBN..

June 21, 1969: RA 5730 becomes law, which converts Bolinao Electronics Corporation’s franchise into ABS-CBN.

September 21, 1972: ABS-CBN, along with other networks and affiliate stations, are told to go off the air while media assets are seized as then-President Ferdinand Marcos puts the entire nation under martial law. Media content is controlled by the state.

September 16, 1986: ABS-CBN resumes daily broadcasts nearly seven months after a "people power" revolt toppled the Marcos regime.

March 30, 1995: President Fidel Ramos signs RA 7966 granting a 25-year franchise to ABS-CBN Broadcasting Corporation. The renewal comes five years ahead of the expiry of its franchise.

September 11, 2014: Isabela Representative Giorgidi Aggabao files House Bill 4997 under the 16th Congress, in the first attempt to renew ABS-CBN’s franchise ahead of its March 2020 expiration. This does not get past the committee level.

May 6, 2016: Former Senator Alan Peter Cayetano, President Rodrigo Duterte’s running mate for the presidential elections, gets a Taguig court to issue a temporary restraining order stopping ABS-CBN from airing TV commercials against Duterte. The said ads are supposedly paid for by members of the opposition.

November 10, 2016: Rep. Micaela Violago of the second district of Nueva Ecija files House Bill 4349 seeking to renew the network’s franchise, followed by a similar bill drafted by brothers Davao City Rep. Karlo Nograles and PBA Party-List Rep. Jericho Nograles. Both remain at the committee level.

November 8, 2018: Duterte unleashes one of his public rants against ABS-CBN for failing to air his campaign advertisements for the May 2016 elections. He curses the network’s chairman emeritus Gabby Lopez and called him a thief, saying he will reject the renewal of ABS-CBN’s franchise.

Duterte previously slammed the media conglomerate for its supposedly unfair labor practices, and earlier challenged the network to accompany him to the central bank to open his bank accounts, amid reports that he had undeclared wealth.

July 1, 2019: Violago refiles her bill for the franchise renewal on the second day of the 18th Congress, with 20 other House members signing up as co-authors of the measure. Ten other bills are filed to give ABS-CBN a fresh legal mandate.

July 28, 2019: Senator Ralph Recto files a similar bill to extend ABS-CBN’s franchise for another 25 years. Sen. Leila De Lima later asked to be co-author of the measure.

December 3, 2019: Duterte says he will personally “see to it” that ABS-CBN will be out of business by 2020. He later tells the Lopezes to just sell the network to a new owner.

December 4, 2019: Palawan Rep. Franz Alvarez, chairman of the House Committee on Legislative Franchises, says they would not tackle the bills on ABS-CBN until the end of that year. House Speaker Alan Peter Cayetano says the measures can be taken up early 2020.

February 10, 2020: Calida heads to the high court with a quo warranto petition against ABS-CBN, saying it committed two grave violations of its existing franchise. He claims the network allowed foreign owners to control the company by selling Philippine Depositary Receipts to them, and offering KBO as an entirely new TV channel.

The network refutes Calida’s claim, saying it did not violate the law. The court asks ABS-CBN to respond to the points raised in 10 days.

Media groups denounce the petition as a direct attack on freedom of speech and of the press.

February 12, 2020: Committee Vice Chairman Isabela Rep. Antonio Albano Jr. apologizes to the estimated 11,000 workers of ABS-CBN for delays in discussing the franchise renewal. He says the pending measures are already being discussed among solons behind closed doors.

Cayetano vows that the House will be “impartial” in tackling ABS-CBN’s franchise.

The House committee tackling the measure still has no scheduled hearings on the bills as of Thursday, February 13.

https://cnnphilippines.com/news/2020/2/13/ABS-CBN-franchise-timeline.html

Support swells for ABS-CBN

“…to reject this crude request and we call on members of parliament to immediately renew the ABS-CBN franchise in a spirit of respect for the separation of powers and freedom of the press, as required by the Philippines’ 1987 constitution.”

By ALYSSA MAE CLARIN
Bulatlat.com

MANILA– Local and international organizations have thrown out their support to the ABS-CBN’s struggle to continue operations.

On Feb. 10, the Office of the Solicitor General filed a quo warranto petition against broadcasting giant, ABS-CBN as well as its subsidiary ABS-CBN Convergence, Inc.

In the 63-page quo warranto petition filed before the Supreme Court, the OSG accuses the network of ‘unlawfully exercising their legislative franchise’ and urges the High Court to revoke ABS-CBN’s networking franchise.

In response, ABS-CBN said in its official statement that they “did not violate the law,” adding that the filing of the petition is Solicitor General Jose Calida’s effort to shutdown the network,as well as the thousands of Filipinos working in the company.

The ABS-CBN maintained that the claims Calida made were without merit, and all their broadcast offerings have received the necessary government and regulatory approval and are not prohibited by their franchise.

The network also answered Calida’s accusation of foreign funding through ABS-CBN’s Philippine Deposit Receipts, and said that the PDRs have been used by other broadcast companies to improve their services.

“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 network also said that they have no issue with tax payment.

The Bureau of Internal Revenue even recognized the broadcasting station as one of the top 200 non-individual taxpayers in the country, having paid over P70.5 billion worth of taxes in the past 17 years.

Support swells

Following the protest action led by the National Union of Journalists of the Philippines last Friday, various groups issued statements condemning Solicitor General Jose Calida’s move as “an attack on press freedom.”

The Freedom for Media Freedom for All, a consortium of Philippine media organizations, said “the attempt to close down ABS-CBN is a direct attack against the shared freedom of all citizens, for silencing the network is similar to depriving the Filipino citizens of their source of news and information.”

The coalition also called for a ‘collective front’ from the Filipino people who believe that the press should remain autonomous in a democratic country like the Philippines.

In a statement, Reporters Without Borders has called on Supreme Court justices “to reject this crude request and we call on members of parliament to immediately renew the ABS-CBN franchise in a spirit of respect for the separation of powers and freedom of the press, as required by the Philippines’ 1987 constitution.”

Daniel Bastard, head of RSF’s Asia-Pacific desk, also questioned Calida’s motive in filing the petition. “It’s either Jose Calida had told the truth; and also casually admitting his incompetence by failing to call out these ‘abusive practices’ when he assumed position in 2016, or the SolGen had told a lie purely for political fabrication and as a way to pressure the network,” he said.

In the same vein, Carlos Conde of the Human Rights Watch said that the OSG’s action ‘has all the indication of political harassment.’ “President Duterte has not made secret his displeasure toward ABS-CBN and has expressed his intention to shut it down,” he said.

He also said that the petition filing had placed undue pressure on the legislators.

Eleven bills in support of the ABS-CBN’s franchise are pending with the House Committee on Legislative Franchises.

Conde noted that some legislators have stated that this could jeopardize the franchise renewal, which ends March 30.

Meanwhile, Isabela 1st District Rep. Antonio Albano, who is also the vice-chair of the Committee on Legislative Franchises, said that the network can still operate even if its renewal is not granted after its expiration.

Albano said that the network’s services will not be terminated until the end of the 18th Congress.

Echoing Albano’s reassurance, Senate President Vicente Sotto III said that as long as there are bills filed, the franchis is deemed extended as long. “As there’s no hearing, it could extend until the end of the 18th Congress,” Sotto said.

Sotto added that the quo warranto filed by the SolGen would not affect the current bills filed seeking for the network’s franchise renewal, and even added that ABS-CBN can ask the permission of the National Telecommunications Commission for an extension.

NUJP announced that it would continue to urge the Congress for action until the bills for the network’s franchise renewal are heard.

The organization, along with ABS-CBN employees and other advocates, would be holding its fifth Friday protest this Valentine’s Day in front of Esguerra gate. (https://www.bulatlat.com)

https://www.bulatlat.com/2020/02/13/support-swells-for-abs-cbn/

Duterte not meddling in Congress decision on ABS-CBN franchise

By Ben Rosario

Despite harboring a grudge against ABS-CBN network, President Duterte has not done anything to pressure Congress into denying the broadcast giant’s bid for a 25-year renewal of its legislative franchise.

Isabela Rep. Tonypet Albano, vice chairman of the House committee on legislative franchises, said the chief executive has apparently maintained a hands-off policy on the issue and observed respect for a co-equal branch of the government.

Albano made this observation in denying reports that he claimed Duterte had “directly pressured” congressmen against granting the franchise extension.

“The President has never interfered and does not intend to interfere in the business of Congress. He values separation of powers and has [too] much respect for us to do so,” explained Albano.

In a press conference on Wednesday, Albano admitted that members of the legislative franchise panel are feeling pressure from both sides in connection with the consideration of 11 legislative measures proposing a fresh legislative franchise for the embattled network and its sister companies.

A member of the administration-backed majority bloc in the Lower House, Albano said the House panel will give those who are for or against the bill a chance to present their positions.

“I also know very well that President Duterte values the right to have freedom of speech. And like him, I also believe that freedom of speech is not absolute!” he stressed.

Duterte has been critical of ABS-CBN, which he accused of political partisanship during the 2016 presidential elections that he won.

The chief executive claimed the network did not air his campaign commercials despite accepting payment.

Meanwhile, Magdalo party-list Rep. Manuel Cabochan accused the Office of the Solicitor General (OSG) of encroaching on the function of Congress to act on the broadcast franchise sought by ABS-CBN.

Cabochan said the OSG’s filing of a quo warranto petition asking the Supreme Court to stop ABS-CBN’s operations is an “overreach and encroachment” on the Congress bid to review and renew the congressional franchise.

“This just shows the rabid desire of the administration to shut down one of the institutions in the Philippine media industry,” said Cabochan in a statement. “We in the Magdalo party-list oppose this orchestrated attack of the Duterte administration on press freedom which is an important principle of democracy.”

https://news.mb.com.ph/2020/02/13/duterte-not-meddling-in-congress-decision-on-abs-cbn-franchise/

Can House franchise panel be discharged from tackling ABS-CBN issue?

As the public awaits action from the House committee on legislative franchises on the issue of ABS-CBN, can the committee be discharged from handling the case and instead head straight to plenary discussions?

The short answer to this question is yes, according to Agusan del Norte Rep. Lawrence Fortun who used as a reference the rules of the House of Representatives.

The process of doing so, however, is not as simple as a yes or no.

Section 50, Article X of the Rules of the House of Representatives states that “any member can present to the Secretary General a motion in writing to discharge a committee from the consideration of a bill or resolution referred to it if such committee fails to act thereon after more than thirty session days from its referral.”

Once a member of the House has filed a written motion to discharge before the Office of the Secretary General, the Secretary General shall arrange a place where members can affix their signature in support of the motion.

“A signature may be withdrawn by a member in writing at any time before the motion is entered in the Journal,” the House rule states.

Once 20 percent of the members of the House has signed the written motion, it shall be included in the Calendar of Business and reported in the next session of the House.

Currently, there are 302 members of the House. This means that 61 members need to sign the written motion.

What happens next?

Section 51, Article X of the House Rules states that after the Privilege Hour on any Monday, any member who signed the motion to discharge may demand for the motion to be tackled by the plenary.

This, however, cannot be done during the last 15 days of a regular session.

“The House shall proceed to vote on the motion after debate thereon for a period not exceeding thirty minutes,” the Rules of the House states.

If the motion to discharge is adopted, another motion shall be in order—this time, a motion to proceed.

If the motion to proceed prevails, the bills or resolution shall be tackled in the plenary “immediately”.

What happens if motion to discharge is not adopted?

According to the rules, if a motion to discharge is lost, “it shall not be in order to entertain any other motion to discharge the same committee or any other committee from the consideration of the same bill or any other bill with substantially the same subject matter during the same session year.”

“After the House acts on the motion to discharge, all other motions to discharge relating to bills or resolutions with similar subject matter which are pending in the Calendar of Business shall be stricken off the Calendar and shall not be acted upon for the remainder of the same session year,” it added.

In the case of ABS-CBN, Fortun said that the bills seeking to renew the franchise of ABS-CBN has been referred to the House committee on legislative franchises as early as August 2019, thus making them qualified under the rules.

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 least 11 bills have been 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.

In a press briefing, Isabela Rep. Antonio “Tonypet” Albano, however, assured that the committee has been “working hard to facilitate all the franchise renewals and applications that has been lodged in our committee.”

https://newsinfo.inquirer.net/1228531/can-house-franchise-panel-be-discharged-from-tackling-abs-cbn-issue

Philippines' broadcasters assoc. shows support for ABS-CBN amid franchise woes

The Philippines' major association of broadcasters on Thursday threw its weight behind the new franchise bid of ABS-CBN Corp, the country's largest media network.

In a statement, the Kapisanan ng mga Brodkaster ng Pilipinas (Association of Philippine Broadcasters), of which ABS-CBN is a member, said it "will continue to support and help work for the renewal of the franchises of ABS-CBN and other KBP member networks, knowing fully well that it is for the best interest of the public."

The KBP said it hopes Congress acts favorably on all pending broadcast franchise renewal applications, including that of ABS-CBN's.

It said ABS-CBN has been working with the association "in promoting broadcast responsibilities and initiating reforms in the broadcast industry."

ABS-CBN's franchise is expiring March 30, 2020 and yet Congress, which is set to adjourn in mid-March, has yet to tackle legislative measures seeking to grant the company a fresh 25-year broadcast franchise. The delay is seen by some sectors as the chamber's kowtowing to Duterte, who has vowed to block ABS-CBN's franchise renewal. In December, Duterte even urged the owners of ABS-CBN to just sell the company, saying he would "see to it that you're out."

In a separate move on Monday, the Duterte government's top counsel asked the Supreme Court to invalidate the current franchise of ABS-CBN, citing supposed violations. The company refuted the allegations.

Several press corps, journalism educators and journalist groups have previously expressed support for the media network.

Reporters covering the presidential office, defense, police, the Senate and business beats expressed their stand for press freedom amid what they see as efforts of the current government to shut down ABS-CBN.

The Foreign Correspondents Association of the Philippines (FOCAP) and the National Union of Journalists in the Philippines have also expressed support for ABS-CBN, which the former described as a "cornerstone of Philippine democracy and the free press."

A democracy watchdog said an ABS-CBN shutdown may lead to another "crony capitalist era," recounting the company's closure during the Martial Law period under the Marcos presidency.

https://news.abs-cbn.com/news/02/13/20/philippines-broadcasters-assoc-shows-support-for-abs-cbn-amid-franchise-woes

KBP vows support to ABS-CBN amid franchise renewal issues

The Kapisanan ng mga Broadkaster ng Pilipinas (KBP) on Thursday expressed its support anew to ABS-CBN as the media network giant faces challenges over the renewal of its legislative franchise.

According to KBP, the country’s largest broadcasting company has been a long-time member of the association and has helped initiate reforms in the Philippine broadcast industry.

ABS-CBN’s legislative franchise will expire by March 30. At least 10 bills endorsing the renewal of its license to operate have been filed at the House of Representatives but the lower chamber has yet to tackle the matter. Also, the Office of the Solicitor General (OSG) filed before the Supreme Court on February 10 a quo warranto petition seeking to stop the operations of the media firm.

Apart from these, ABS-CBN has constantly been at the receiving end of President Rodrigo Duterte’s rants against the media. He repeatedly threatened to block the franchise renewal bid of the network.

“The Kapisanan ng mga Broadkaster ng Pilipinas (KBP) reiterates its continued support for the renewal of the Congressional franchise of ABS-CBN,” KBP said in a statement posted on their website.

“As KBP member, ABS-CBN works hand in hand with other members of the industry belonging to our association in promoting broadcast responsibilities and initiating reforms in the broadcast industry,” it added.

Various media organizations and personalities have similarly expressed their support to ABS-CBN’s bid to renew its franchise. They have denounced OSG’s move, considering it as a determined action by the Duterte administration to snip a perceived critic.

KBP hopes that Congress would soon resolve “favorably” on all applications for the renewal of legislative franchises, including that of ABS-CBN’s.

“Both the 17th and 18th Congresses, to their credit, have acted favorably on the franchise applications of our members […] To date, there are still pending applications in Congress, including that of ABS-CBN’s,” KBP explained.

“The KBP trusts that these pending applications will be favorably acted upon just like other applications for renewal,” it added.

https://newsinfo.inquirer.net/1228530/kbp-vows-support-to-abs-cbn-amid-franchise-renewal-issues

ABS-CBN can apply for new franchise: Palace

Embattled broadcasting firm ABS-CBN Corp. can apply for a new license to operate in the event that its 25-year legislative franchise is nullified, Malacañang said on Thursday.

“Kaya nga meron silang (That’s why they have) application for (new franchise). That’s the whole point,” Presidential Spokesperson Salvador Panelo said in an interview with Palace reporters.

His statement came after Solicitor General Jose Calida, the government’s top counsel, filed before the Supreme Court a quo warranto petition against ABS-CBN due to its supposed “highly abusive practices” at the expense of millions of its loyal subscribers.

In his petition filed Monday, Calida alleged that ABS-CBN violated the 1987 Constitution after it allowed foreign entities to invest in its broadcast firm by issuing Philippine Deposit Receipts through ABS-CBN Holdings Corp.

Under Section 11(1), Article 16 of the Constitution, ownership and management of mass media is limited to “citizens of the Philippines, or to corporations, cooperatives, or associations, wholly-owned and managed by such citizens.”

Panelo said Calida’s move was “sensible and logical.”

“That’s his job. What if someone, other than Calida, found that ABS-CBN made a violation? Calida would face a complaint for the dereliction of duty. So he will be on the defensive side. He’s just doing his duty,” he said.

ABS-CBN only has until March 30 to operate, unless it is granted another franchise renewal by Congress and President Rodrigo Duterte.

However, lawmakers have yet to deliberate whether they will extend or not the franchise of ABS-CBN to another 25 years.

On Wednesday, Panelo told Congress to set aside Duterte’s “displeasure” against the local media giant.

Panelo made his comment after House legislative franchises vice chairperson and Isabela Rep. Antonio Albano admitted the tiff between Duterte and ABS-CBN gives pressure to congressmen.

In a speech delivered Wednesday night, Duterte assured the Philippine media that under his watch, he will not allow any possible abuse of privileges vested in them.

Duterte made the vow despite his grievances against ABS-CBN for its supposed bias and failure to run his campaign advertisements during the 2016 presidential derby.

https://www.pna.gov.ph/articles/1093788

ABS-CBN can apply for new franchise if SolGen wins SC case —Palace

ABS-CBN has the option to apply for a new franchise should the Supreme Court grant the Office of the Solicitor General’s petition to forfeit the current license of the broadcast network, Malacañang said on Thursday.

Presidential spokesperson Salvador Panelo said there is no prohibition for ABS-CBN to seek a new franchise. Bills seeking to extend ABS-CBN’s franchise are still pending in Congress.

“Kaya nga may application sila for renewal. That’s the whole point,” he told reporters.

On Monday, the OSG asked the SC through a quo warranto petition to forfeit ABS-CBN’s franchise over alleged violations, an action denounced by the network, several media groups and journalism schools.

In its petition, the OSG claimed that the network had been operating a pay-per-view channel without the necessary permit from the government and that it issued Philippine Depositary Receipts to foreigners.

ABS-CBN, whose franchise expires on March 30, said it did not violate the law.

However, Panelo said the OSG was only doing its job to file an action in court if it believes that there is a violation of any law.

“If he does not, then he opens himself to criminal prosecution – of dereliction of duty. He cannot close his eyes,” he said in a separate interview on ANC.

“He cannot close his eyes to any violation regardless of the time because it is only now that he discovered that there has been a violation by the ABS-CBN. And let the court decide whether or not he’s correct on that.” —LDF, GMA News

https://www.gmanetwork.com/news/news/nation/725904/abs-cbn-can-apply-for-new-franchise-if-solgen-wins-sc-case-palace/story/

Senate’s ABS-CBN franchise probe won’t clash with House action – solons

Two members of the House of Representatives recognized the prerogative of the Senate to conduct its own investigation on the compliance of ABS-CBN with its franchise.

Isabela Rep. Antonio Albano, vice chairperson of the House committee on legislative franchises, said the probe in the Senate “does not in any way conflict with our committee power to hear the same violations in our franchise committee.”

In a text message to INQUIRER.net, Albano said the merits of the Senate investigation will be treated as “additional information” when the House conducts public hearings on the renewal of ABS-CBN’s franchise.

This was seconded by Ako Bicol Rep. Alfredo Gabin Jr., also a member of the House committee tasked to tackle the franchise renewal of the country’s largest media network.

“That’s also their (Senate) prerogative to conduct a hearing regarding the issues involving the franchise of ABS-CBN. Prerogative nila ‘yun (That’s their prerogative) as a matter of legislative courtesy, I would say prerogative nila ‘yun (that’s their prerogative),” Garbin told House reporters.

Senator Grace Poe, chair of the Senate public services committee, filed a resolution on Wednesday seeking to look into “the operations of ABS-CBN Corporation to determine compliance with the terms and conditions of its franchise under Republic Act No. 7966.”

Senate President Vicente Sotto III said he will call for a caucus next week to discuss the said resolution.

At the House, 11 bills have been filed endorsing the franchise renewal of ABS-CBN, which license to operate is set to lapse on March 30.

Despite this and growing calls for immediate House action, the committee on legislative franchises has yet to schedule a hearing on the matter.

Maintaining objectivity

In the Senate resolution, Poe cited the quo warranto petition filed by the Office of the Solicitor General (OSG) which claimed that the media network giant violated terms in its legislative franchise.

Albano said he cannot “further comment on the ‘merits of the abuse’ that is allegedly being heard by Sen. Grace Poe because this will prejudice my judgment as a vice chairman of the [House] committee [on legislative franchises].”

“It’s only but fair to inhibit myself in reading any of the findings and statements made during such an investigation of the Senate, so I can maintain my objectivity regarding the renewal of the ABS-CBN franchise,” Albano said.

“I even urge my colleagues in the House to try to refrain commenting on the ‘merits of the case’ of ABS-CBN, so that when we hear this ABS-CBN bill in the plenary to vote upon whether to renew or not to renew the ABS-CBN franchise, then we as a whole in Congress will not be accused of biases in our collective decisions,” the lawmaker added.

https://newsinfo.inquirer.net/1228381/senates-abs-cbn-franchise-probe-wont-clash-with-house-action-solons

Poe seeks Senate hearing on ABS-CBN franchise

A media crew cab enters the ABS-CBN Broadcasting Center, the office of the country's top broadcast network, following a move by the Philippine government to scrap its franchises, in Quezon City, Feb. 10, 2020. Eloisa Lopez, Reuters

(UPDATE) — Sen. Grace Poe on Thursday called for a legislative hearing on ABS-CBN's compliance with its franchise, which the government's chief lawyer questioned before the high court ahead of its expiry in March.

Poe, chairperson of the Senate Committee on Public Services, called for a hearing after Solicitor General Jose Calida asked the Supreme Court to revoke ABS-CBN's franchise citing several violations.

The House of Representatives franchise committee has yet to open hearings on several bills seeking its renewal.

The senator said her committee would look into ABS-CBN's "compliance with the terms and and conditions of its franchise."

Poe acknowledged ABS-CBN's public statements that it did not violate any law. At the same time, she said, under the Constitution, a franchise is "subject to amendment, alteration or repeal by the Congress when the common good so requires."

An inquiry into Calida's allegations against the network "is in order," said Senate Presidente Vicente "Tito" Sotto.

"Maganda para magkaroon din ng pagkakataon ang ABS-CBN na maeksplika, at hindi iyong kung anong naririnig lang, itong sinasabi na alleged violation na ito," he told DZMM.

(This is good so that ABS-CBN will have a chance to explain, instead of us relying on hearsay, about this alleged violation.)

Isabela 1st District Rep. Antonio Albano, vice-chair of the House Committee on Legislative Franchises, said Poe has the right to hold Senate hearings on ABS-CBN's compliance with franchise rules.

He said this "does not in anyway conflict" with the House committee's "power to hear the same violations in our franchise committee."

The lawmaker said he would hold comments on the committee's eventual findings "so I can maintain my objectivity regarding the renewal of the ABS-CBN franchise."

He said he would also urge his House colleagues not to make comments on the matter as the chamber is set to take up bills on the network's franchise renewal.

"The committee leaders and members have to be impartial and fair to ABS-CBN, and we will treat the merits of Sen. Poe’s investigation as additional information when she finishes her investigation in aid of legislation during our open to the public committee hearings where ABS-CBN franchise is taken up," he said in a statement.

ABS-CBN secured a 25-year franchise under Republic Act 7966, which was enacted on March 30, 1995.

Calida claimed in a quo warranto petition filed last Monday that ABS-CBN violated the constitutional ban on foreign ownership and went “beyond the scope of its legislative franchise” for “broadcasting for a fee.”

ABS-CBN, whose news and entertainment shows reach tens of millions of Filipinos online and via TV and radio, said it "did not violate the law."

Advocates said the government move was the latest attack on press freedom under President Rodrigo Duterte. His spokesman and chief legal counsel, Salvador Panelo, said the chief executive was not involved in the Calida petition.

Duterte taunted ABS-CBN in a speech in December, telling the owners to sell it. "ABS-CBN, your contract is about to expire. If I were you, you're better off selling it," he said.

https://news.abs-cbn.com/news/02/13/20/poe-seeks-senate-hearing-on-abs-cbn-franchise

Duterte ABS-CBN approve or veto ‘can be overturned’

The renewal of television network ABS-CBN’s congressional franchise is entirely up to Congress, which could even overturn a presidential approval or veto, presidential spokesperson Salvador Panelo said on Wednesday.

“(W)hen it comes to the franchise, it is only Congress that could grant it. Even if Mr. Duterte vetoes the grant, Congress could overrule the approval or veto,” Panelo said amid outrage over Solicitor General Jose Calida’s filing of a quo warranto petition for the revocation of the network’s franchise before the Supreme Court on Monday.

Panelo maintained that President Duterte believes in “let(ting) the law take its course.”

Should the Supreme Court grant Calida’s quo warranto petition, the network could always apply for a new franchise, he added.

ABS-CBN’s existing franchise lapses on March 30.

Panelo said Duterte’s earlier threat of “see(ing) to it that you’re out” addressed to network executives was “just a statement of displeasure because of what ABS-CBN did to him. (I)t has nothing to do with (Calida’s) petition for quo warranto,” Panelo said, referring to Mr. Duterte’s complaint that the network did not air his political ads during the 2016 presidential campaign.

Panelo also advised members of the House of Representatives tasked by law to approve the franchise to “ignore” the President’s “statement of displeasure” against ABS-CBN.

Act  of solidarity

The Malacañang Press Corps issued a statement on Wednesday saying it “firmly advocates respect for press freedom as an act of solidarity with ABS-CBN.”

Other organizations trained their guns on Calida, with the Justice and Court Reporters Association (Jucra) calling out his on-camera censure of ABS-CBN court reporter Mike Navallo for his allegedly biased stories.

“We believe such veiled threats to reporters, especially when coming from a government official, have no space in a democracy,” the Jucra statement read.

‘Parasitic assault’

The Consortium on Democracy and Disinformation called Calida’s move “a parasitic assault” and warned that his “abuse (of) the quo warranto remedy despite the fact that Congress retains the power to review broadcasting franchises, only underscores the grave threat this petition poses to our fundamental freedoms and our democratic processes.”

Bayan Muna chair Neri Colmenares also accused the Office of the Solicitor General of transforming the office into a “biased institution … being used to exact revenge on behalf of President Duterte.”

For its part, the University of Santo Tomas journalism faculty issued a statement comparing Calida’s petition to a “virus inflicted upon citizens” and warned of “pandemic consequences.” —With reports from Donza Z. Pazzibugan, Jhesset O. Enano

https://newsinfo.inquirer.net/1228068/duterte-abs-cbn-veto-can-be-overturned

ABS-CBN will not be shut – senators

ABS-CBN Corp. broadcast network can continue to operate even beyond the expiration of its franchise on March 30, senators said on Wednesday.

Senate President Vicente Sotto 3rd and Sen. Christopher Lawrence “Bong” Go shared the view that the network would not be shut down should the 18th Congress fail to renew its franchise. They said the company would only have to obtain a permit from the National Telecommunications Commission (NTC) to continue operating.

Several bills seeking to renew the broadcast firm’s franchise are pending with the House of Representatives.

Asked whether the network can still operate if Congress fails to renew its franchise, Sotto said, “yes.”

“Even provisional authority is not necessary because as long as there is a pending franchise, or pending bill for extension of franchise, they are deemed extended. Ganun ‘yun (That’s how it is),” he explained.

“They can still operate. If it is not approved until March 2022, that is the only time that it is terminated. As long as there’s a pending bill [for franchise renewal], it is deemed extended.

It has happened so many times in other franchises,” the Senate president said.

Go meanwhile said that the March 30 expiration of ABS-CBN’s franchise would take effect on May 5. “I think, there are 45 days after [it can take effect].”

“So, ‘pag hindi pa po na-re renew ng Congress pwede sila mag-operate with temporary permit mula sa NTC (So, if Congress fails to renew [its franchise], they can operate [under] temporary permit from the NTC),” he said in an interview.

“Kung wala pang ginagawa ang Congress (If Congress fails to act [on pending bills for its franchise renewal], walang approval (if there was no approval), no action taken by Congress they can still operate with temporary permit from NTC,” Go stressed.

“In 2022, wala pa ring nangyari, ‘yun na ‘yun, doon siya ((If in 2022 nothing happens, that’s it. That is when it is) deemed terminated. Hintayin nila ‘yung bagong Congress, magfile ng bagong franchise (They have to wait for the new Congress to file a new franchise),” Sotto said.

Rep. Antonio “Tonypet” Albano, vice chairman of the Committee on Legislative Franchises at the House of Representatives, expressed the same view.

“Senate President Sotto and I have already explained so many times that ABS-CBN may actually legally continue to operate under its existing franchise until that is formally terminated or until the end of the 18th Congress,” Albano said.

Eleven bills seeking to renew ABS-CBN’s franchise are pending at the committee level. The panel has yet to set a schedule a hearing.

Albano said that the committee would tackle the franchise bills based on House processes.

“On the matter of the franchise of ABS-CBN, we must and are proceeding steadily but cautiously given the highly-charged atmosphere among those who are against and in favor of its renewal,” the lawmaker said. “While we understand the concerns aired by various sectors, including our colleagues in the Senate, we stand by our process and refuse to be stampeded or coerced into making hasty decisions for political mileage.”

He urged the network to respond to the concerns raised by the Office of the Solicitor General in its quo warranto petition filed before the Supreme Court.

“At this time, we urge the network to just respond to the issues raised by the solicitor general Jose Calida as it is highly probable that those same concerns will be tackled in our hearings. But more than this, following the advice of the Speaker for soul-searching, this might be the most opportune time for the company to try to understand why public sentiment is also against the station,” Albano 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 and other politicians and business people as to its business practices and its delivery of information to the public,” he added.

No pressure

Also on Wednesday, Malacañang maintained that President Rodrigo Duterte has not exerted any pressure on Congress in connection with the issue.

“The President absolutely is not lobbying, and there is no lobby coming from members of Congress to him because members of Congress know that the President does not entertain any call from them in relation to any measure being discussed in Congress,” Palace spokesman Salvador Panelo said.

Panelo had said that the President had no hand in the filing of the quo warranto petition against the network.

The Malacañang Press Corps (MPC) also issued a statement that it stands for the protection of press freedom and right to information.

“The MPC deplores any attempt to curtail these freedoms, in any way and form,” it said.

“In recent years, the MPC has taken a stand against threats and attacks on press freedom, including efforts to spread fake news and discredit the traditional media,” it added.

The MPC said “it will remain vigilant against attempts to weaponize legal remedies and processes to suppress free expression, a key component of a healthy democracy and a right enshrined in the constitution.”

WITH DIVINA NOVA JOY DELA CRUZ AND REINA TOLENTINO

https://www.manilatimes.net/2020/02/13/news/headlines/abs-cbn-will-not-be-shut-senators/685533/