Tuesday, February 18, 2020

Atienza to colleagues: Act on franchise or resign

By Raymund Antonio 

Buhay Representative Lito Atienza on Tuesday asked his colleagues in Congress to act now on the franchise renewal application of media giant ABS-CBN Corp. or step down from their posts.

Speaking to media at the weekly Pandesal Forum in Quezon City, Atienza said that lawmakers should fulfill their mandate instead of leaving the matter to the Supreme Court.

“I’m defending the position that Congress must function. We must take up the franchise, whether you’re for or against is not material to me,” he said.

“I don’t want ABS-CBN to close down without Congress voting for it,” he stressed.

Atienza is not convinced his fellow lawmakers are still too busy with other concerns for them to tackle bills renewing the ABS-CBN’s franchise.

The partylist lawmaker called out House Speaker Alan Peter Cayetano and Palawan Rep. Franz Alvarez, chairman of the House Committee on Legislative Franchises, for refusing to work on the franchise renewal.

“That’s despicable, condemnable when Congress says we can’t handle a very important matter because we have to attend to so many things. There are many congressmen who want to work,” he said.

The broadcast network’s 25-year legislative franchise is set to expire on March 30.

Cayetano, however, assured that ABS-CBN can operate way past the expiration date as long as the 18th Congress has not yet adjourned.

His assurance was in contrast to the reaction of Atienza, who called it just the House leader’s “razzle dazzle game.”

“They are made to believe that you only need now is a special permit and you can continue. Speaker Cayetano said they are good up to 2022, that’s not legally tenable. If you don’t have a franchise, your license is expired,” he said.

Former congressman Renato Diaz, who was also a guest in the media forum, shared the same view, saying that it’s  ”game over” for ABS-CBN if it fails to get its franchise renewed in Congress.

“Can anybody air without a franchise? The answer is no. In the name of press freedom, no,” he said.

https://news.mb.com.ph/2020/02/18/atienza-to-colleagues-act-on-franchise-or-resign/

Business groups call for ABS-CBN franchise renewal

The business groups note the critical role of a free press in economic development

Four of the biggest business groups in the Philippines called on Congress to act on bills filed by several lawmakers to renew the broadcasting franchise of media giant ABS-CBN.

The Makati Business Club, Institute of Corporate Directors, Institute for Solidarity in Asia, and Management Association of the Philippines issued a joint statement on Tuesday, February 18, asking the legislature for "balanced, fair, and timely consideration" of the moves to keep ABS-CBN on-air.

The groups also pointed out the media's role in the economy.

"We fervently urge Congress to judiciously address any issues raised against the company while taking serious account of the bedrock issues of media freedom and free enterprise, which allow businesses to flourish for the overall welfare of our economy and our people," they said.

President Rodrigo Duterte claims that ABS-CBN did not air his political ads in 2016, and even suggested that the network "sell" to a white knight investor.

The House of Representatives has yet to act on franchise renewal measures, with Speaker Alan Peter Cayetano openly stating that he did not like ABS-CBN's coverage of the 2016 elections. Cayetano ran but lost in the vice presidential race then. (READ: Gerald Anderson as Alan Peter Cayetano)

Bills seeking to renew the franchise for another 25 years were first filed in 2014, but remained pending at the committee level.

Solicitor General Jose Calida has filed a quo warranto petition against ABS-CBN, claiming the network violated the Constitution by using Philippine Depositary Receipts, a legal financial instrument.

https://www.rappler.com/business/252102-groups-call-for-abs-cbn-franchise-renewal

Talent managers, KBP back calls to renew ABS-CBN franchise

More industry organizations have spoken up in favor of the renewal of ABS-CBN's franchise, days after the Office of the Solicitor General (OSG) filed a quo warranto petition which appears to seek the revocation of the company's broadcasting operations.

Philippine Movie Press Club (PMPC), a group of professional and active entertainment journalists of newspapers, magazines, and tabloids, bloggers/vloggers, online influencers, and radio/TV/online reporters, has voiced concern over the possible loss of jobs should renewal of the media company’s franchise be rejected or approved.

“We are one in calling on Congress to reconsider the renewal of ABS-CBN’s franchise, which is set to expire on March this year. We fully believe in upholding the freedom of the press and of expression in our motherland, the Philippines,” said PMPC in its statement.

Professional Artist Managers, Inc. (PAMI), meanwhile emphasized the public service that ABS-CBN renders to Filipinos in need.

“More than anything, ABS-CBN brings joy to millions of viewers, and delivers relief to thousands of beneficiaries during typhoons, flash floods, and volcanic eruptions, among others. They also provide a safe space for abused children, aside from reporting vital information and news to the public here and abroad,” said PAMI. 

The group of talent managers also called on the government and the Congress to be fair and to consider the effects if ABS-CBN is shut down.

On the other hand, Directors’ Guild of the Philippines, Inc. (DGPI), an organization comprised of top Filipino feature-length filmmakers, is “deeply concerned” about the OSG’s quo warranto petition against ABS-CBN.

“Like cinema, press freedom plays a vanguard role in society: not only is it meant to communicate and disseminate information, but it also plays the crucial role of being a mirror to its audience, and making us face and question our cultural ills,” DGPI’s board of directors said in a statement.

“As filmmakers, let us advocate for democracy and denounce any attempt to silence media and cultural entities that are critical of power,” it added.

Kapisanan ng mga Brodkaster ng Pilipinas (KBP) has also reiterated its support for ABS-CBN, saying the Kapamilya network works “hand in hand” with the KBP members in upholding broadcast responsibilities and initiating industry reforms.

The OSG recently filed a quo warranto petition before the Supreme Court to nullify the franchise of ABS-CBN.

ABS-CBN, however, refuted the allegations, saying these were “without merit,” and strongly maintained that it “did not violate the law” and that the move appears to be an “attempt to deprive Filipinos of the services of ABS-CBN.”

https://www.philstar.com/entertainment/2020/02/18/1994140/talent-managers-kbp-back-calls-renew-abs-cbn-franchise

Biz groups call for 'balanced, fair, timely' deliberation on ABS-CBN franchise

Four business groups on Tuesday called for a "balanced, fair, and timely" deliberation on bills filed on Congress to renew the franchise of ABS-CBN Corp.

In a joint statement, the Institute of Corporate Directors (ICD), the Institute for Solidarity in Asia (ISA), the Makati Business Club (MBC), and the Management Association of the Philippines (MAP) urged Congress to take into consideration freedom of the press.

"We the undersigned business organizations express our strong support for a balanced, fair, and timely consideration of the bills filed by several lawmakers on the renewal of ABS-CBN Corporation's broadcasting franchise," the statement read.

"We fervently urge Congress to judiciously address any issues raised against the company while taking serious account of the bedrock issues of media freedom and free enterprise, which allow businesses to flourish for the overall welfare of our economy and our people," it added.

Earlier this month, the government — led by Solicitor General Jose Calida — filed a quo warranto petition against the broadcast network and asked the Supreme Court to drop the franchise of ABS-CBN Corp. and its subsidiary ABS-CBN Convergence Inc.

"We want to put an end to what we discovered to be highly abusive practices of ABS-CBN benefitting a greedy few at the expense of millions of its loyal subscribers. These practices have gone unnoticed or were disregarded for years," Calida said in a statement.

ABS-CBN lost P258.593 million in market capitalization after trading closed that day.

The petition was filed even as the company's franchise granted by Congress was set to expire in March, with bills seeking to renew the franchise still pending.

For its part, ABS-CBN maintained that it did not violate the law, contrary to claims made by Calida, slamming the petition as "ill-timed."

Malacañang has since denied having a hand in the government's petition, with presidential spokesperson Salvador Panelo saying President Rodrigo Duterte had "nothing to do" with the legal action.

Duterte had consistently threatened to oppose the renewal of ABS-CBN's franchise, as he claimed the network did not air political advertisements during the 2016 election campaign which were already paid for.

Meanwhile, Speaker Alan Peter Cayetano on Monday claimed the issue with the ABS-CBN franchise is not about press freedom, as he said ABS-CBN supposedly took sides and favored certain candidates during the 2010 and 2016 elections. —KBK, GMA News

https://www.gmanetwork.com/news/money/companies/726384/biz-groups-call-for-balanced-fair-timely-deliberation-on-abs-cbn-franchise/story/

Quo warranto plea vs ABS-CBN franchise catches attention of int'l media

It's not just in the Philippines where the quo warranto petition seeking to revoke ABS-CBN's franchise and prevent it from airing is being talked about.

The discussion has reached other countries, with the move seen as President Rodrigo Duterte's worst attack against the press.

International broadcaster Al Jazeera English devoted a whole episode of its Inside Story program to the issue, with former presidential spokesperson Harry Roque, UP journalism professor Danilo Arao and political analyst Richard Heydarian facing off.

Roque and Arao clashed on the issue of whether the President was behind the filing of the petition before the Supreme Court.

Roque believes the quo warranto petition against ABS-CBN will not succeed, calling it a form of prior restraint which is a violation of press freedom.

"My prediction is, because it is in the nature of prior restraint, it will not prosper. The jurisprudence in the Philippines recognizes completely freedom of the press. Governments may try to suppress it but the courts will never uphold any infringement on freedom of the press," he said.

Arao, however, noted: "We have to ask ourselves who controls the Supreme Court right now. On paper, we have laws protecting freedom of speech and other basic freedoms. We may be the freest press in Asia, or one of the freest in Asia but we’re one of the most dangerous places in the world to practice journalism."

Arao said other media organizations in the Philippines also experience harassment and face multiple cases, which Rappler CEO Maria Ressa believes are part of the Philippine government's attempt to control the media.

"Anytime someone wants to control the government, the first step is to control the media," Ressa said.

"This is the 21st Century version of that. But what’s so interesting is you don’t even need to declare Martial Law to try to control media. You hang a Damocles’ sword over owners, their families, you threaten them with legal cases and you can control them this way."

ANC, February 18, 2020

https://news.abs-cbn.com/video/news/02/18/20/quo-warranto-plea-vs-abs-cbn-franchise-catches-attention-of-intl-media

‘Shaping national consciousness:’ TUA comms dep't urges Congress to renew ABS-CBN franchise

The media and communications department of Trinity University of Asia (TUA) urged Congress on Monday to renew the franchise of ABS-CBN.

“ABS-CBN has been in our national consciousness for many decades now, and this network has contributed in the shaping of the values and aspirations of the Trinitian Community as well as the Filipino citizenry through its programs, shows, and reporting. A national life without ABS-CBN, or an individual life in the absence of this network, is a dark age of the mind and spirit,” the school department said in a statement.

“We urge the members of the House of Representatives, who by democratic definition, are our supposed representatives, to speak for our desires and aspirations, as well as our concerns in all aspects of our social and political life, to act reasonably and dignified in representing our fight for democracy, as well as all the tenets of our freedoms as enshrined in our Bill of Rights as citizens and builders of this nation,” it added.

Read the full statement here:


Online news website Rappler, the Foreign Correspondents Association of the Philippines (FOCAP), and the National Union of Journalists in the Philippines have backed ABS-CBN after Solicitor General Jose Calida sought to void the company's franchise via a "quo warranto" petition.

It has also gained support from reporters covering Malacañang, the defense, police, the Senate and business beats.

In seeking to invalidate ABS-CBN's franchise, the government's top lawyer, Jose Calida, accused the company of "highly abusive practices."

ABS-CBN, however, insists it is compliant with all the laws governing its franchise and has secured necessary permits for its business operations.

"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 company said.

President Rodrigo Duterte has repeatedly pledged he would stop the broadcast operations of ABS-CBN, which drew his anger for allegedly refusing to air his campaign ad during the 2016 presidential campaign.

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." But Malacañang on Tuesday distanced itself from Calida's moves, saying "the President has nothing to do with it.

https://news.abs-cbn.com/news/02/18/20/shaping-national-consciousness-tua-comms-dept-urges-congress-to-renew-abs-cbn-franchise

Drilon seeks extension of ABS-CBN franchise

SENATE Minority Leader Franklin Drilon on Monday filed a joint resolution that seeks to extend the franchise of ABS-CBN broadcast network up to 2022.

The senator filed Senate Joint Resolution 11 amid uncertainties on the fate of the network, whose 25-year franchise expires on March 30, 2020.

Drilon said the Senate and House of Representatives need more time to review the application for renewal of the corporation’s franchise.

He stressed that Congress needs to review, assess and determine if the network’s franchise should be renewed.

He noted that there are only 12 session days left before Congress adjourns on Mar. 14, 2020.

Drilon moved to extend the validity of the franchise of ABS-CBN until Dec. 31, 2022.

“On March 30, 2020, more than 11,000 employees will go home jobless and millions of viewers will be affected if we do not act on this resolution immediately. I therefore urge for the immediate passage of this resolution,” he said.

On February 10, Solicitor General Jose Calida filed a quo warranto petition before the Supreme Court to forfeit the legislative franchise of ABS-CBN Corp. and its subsidiary, ABS-CBN Convergence, for alleged violations of the terms and conditions of its franchise.

Meanwhile, lawmakers at the House reiterated their call to expedite the franchise renewal of ABS-CBN, saying there is no guarantee that the network would continue operations after its franchise expires.

Eleven bills seeking to renew the network’s franchise are pending at the House.

“When the ABS-CBN franchises expire, there is nothing that would prevent any regulatory agency of the government from knocking on the gates of ABS-CBN to serve notices of closure, or cease and desist orders on or immediately after the expiration,” Rep. Lawrence Fortun said.

“Instead of giving ABS-CBN an illusory remedy, the House of Representatives must expedite the renewal of ABS-CBN’s franchise, which has long been pending in the House committee on legislative franchises,” Albay Rep. Edcel Lagman said.

Lagman and Fortun authored House Resolution 639 “urging the Committee on Legislative Franchises to report out without further delay for plenary action” the pending bills.

Provisional authority

Both lawmakers said there is no legal anchor or basis for NTC to grant a provisional permit.

“After the franchise expires, it is now entirely within the prerogative of the National Telecommunications Commission (NTC) to issue or not to issue any provisional authority to ABS-CBN,” Fortun said.

Lagman, meanwhile, said the NTC cannot “resurrect” an expired legislative franchise by granting a “provisional authority to operate.”

Joint Concurrent Resolution

Meanwhile, Fortun urged Congress to be clear “clear and categorical in its intention” to allow the extended operation of ABS-CBN pending franchise renewal.

“A House Resolution or, better still, a Joint Concurrent Resolution of both the House and the Senate urging the NTC and other regulatory agencies to give ABS-CBN the provisional authority to continue operating while its application for franchise renewal is still pending in the House, will be in order,” he said.

Cebu City First District Rep. Raul del Mar also prodded Congress to do its job by hearing the ABS-CBN renewal despite the quo warranto petition before the high court. WITH DIVINA NOVA JOY DELA CRUZ

https://www.manilatimes.net/2020/02/18/news/headlines/drilon-seeks-extension-of-abs-cbn-franchise-2/688089/

Post ABS-CBN franchise scenario

Barring a miracle, the TV and radio stations of media giant ABS-CBN would sign off for the last time at the strike of midnight on March 30.

Although some lawmakers say it can continue to operate until the adjournment of Congress in 2022 despite the expiration of its franchise, it is doubtful if it will take that course of action.

In the first place, that “continuing validity” theory does not have solid legal backing that ABS-CBN can rely on to justify its broadcasting activities after March 30.

Besides, its executives may be sued for violation of our telecommunications laws on the operation of media facilities without appropriate license or permit.

There is no dearth in our country of publicity-hungry lawyers who would do that, so why take the risk?

Come that fateful day, some 6,000 regular employees, 900 non regular staff and 3,000 talents of ABS-CBN may find themselves out of job.

For the regular and nonregular employees, the question of whether or not they are entitled to separation pay would invariably arise.

Under existing regulations, the closure of a business establishment due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses, or closing or cessation of operation entitle laid off employees to that benefit.

It would be difficult for ABS-CBN to invoke serious business losses to excuse the payment of separation pay considering that, as of end of September last year, it had a net income of P2.27 billion, which represents a 53-percent increase for the same period in 2018.

Neither can it claim that the expiration of its franchise equates to “closing or cessation of operation” because that would not result to the shutdown of the Kapamilya network.The corporate personality of its owner, ABS-CBN Corp., will remain intact and outstanding despite the nonrenewal of its franchise.

Although of immense value, the franchise is only one of its multimillion-peso assets and its loss does not prevent it from engaging in commercial activities outside of radio and TV broadcasts.

To ABS-CBN’s credit, it had the foresight to look beyond radio and TV broadcasts as sources of revenue.

It has diversified to other businesses, such as TV content production, movies and digital media, through its affiliate and subsidiary companies in the Philippines and elsewhere in the world.

Bear in mind that content plays a significant role in the success of any media outfit.

The most sophisticated or state-of-the-art broadcast facilities would be useless unless they have the material or content that can attract viewership from its market. And when it does, advertisers would not be far behind.

Judging from the high viewership of ABS-CBN’s prime-time TV offerings, it is apparent the Kapamilya network has proven its expertise in this field.

Through its digital or internet-based facilities, ABS-CBN has been able to deliver content to its target audience, in particular millennial's who get their dose of news and entertainment from mobile phones, tablets and other similar gizmos.

With the use of Wi-Fi and other broadband techniques, ABS-CBN can continue to make its content available to the public and earn advertisement revenues despite the loss of its franchise.

For now, the revenue stream from digital media may be small compared to that of TV broadcasts, but taking into account the gradual shift of the viewing audience from TV sets to mobile phones and similar devices, it is not farfetched that the financial gains of the latter medium would soon be on a par with its predecessor.

Considering the owners of ABS-CBN have other sources of income and would not be impoverished by the expiration of its franchise, they may choose to ride out the remaining two years or so of the Duterte administration and hope that the next political dispensation would be accommodating to them.

Shed no tears yet for ABS-CBN.

For comments, please send your email to rpalabrica@inquirer.com.ph.

https://business.inquirer.net/290722/post-abs-cbn-franchise-scenario

Senate hearing on ABS-CBN franchise set on February 27

The Senate has set the first public hearing on the renewal of the franchise of broadcasting network ABS-CBN on Feb. 27, ahead of the transmission of a counterpart bill from the House of Representatives, Senate Majority Leader Juan Miguel Zubiri said yesterday.

The hearing will be led by the Senate committee on public services, chaired by Sen. Grace Poe.

Pending discussion of the ABS-CBN franchise, Poe said traditionally, the National Telecommunications Commission (NTC) can issue a provisional franchise, just like what happened in the cases of giant telecommunications companies Smart and Globe.

“If I’m not mistaken, all of them, their franchises had lapsed while bills had been filed and pending before Congress, that’s why the NTC extended them, or NTC was silent about it,” she said.

The senator, however, encouraged Congress to put in writing the provisional permit of ABS-CBN.

“There are certain controversies involved here, I think, that it would be prudent for us, particularly Congress, to put in writing exactly the request to extend the validity of the license to operate while their franchise is still pending in Congress,” she said.

Poe expressed concern on the plight of the 11,000 employees of ABS-CBN if the network’s franchise is not renewed, preventing its continuous operations.

“That will be very problematic because when your franchise is cancelled, my understanding is, particularly for media, you can’t broadcast anything anymore with that frequency. So what does that mean? Blackout. On March 30 (the franchise’s expiry date), about 11,000 people will have to walk out from their jobs,” she said.

“I’m not saying that ABS-CBN is the primary source of news, it’s not that. It doesn’t mean that freedom of expression is absolutely removed, but it can also send a message that somehow, in certain cases, other media outlets might be a little bit worried about their own situation without going into details of the complaint of the quo warranto,” she added.

A month before ABS-CBN’s franchise expires, Solicitor General Jose Callida filed a quo warranto before the Supreme Court anchored on alleged violations.

Some senators maintained that the issue on franchise is the sole mandate of Congress.

Senate Minority Leader Franklin Drilon yesterday filed a joint resolution that seeks to extend the franchise of ABS-CBN up to the end of 2022, citing the need for more time for both houses of Congress to review the application for renewal of the network’s franchise.

Poe clarified that the Senate respects the mandate and authority of the House of Representatives, from where franchise bills should emanate.

She, however, said that as part of the oversight functions of the Senate, it is necessary to determine whether ABS-CBN’s franchise should be renewed or not.

Poe also said that the Senate is allowed to conduct hearings simultaneously with the House similar to the practices on the General Appropriations Bill and bills on taxes.

She, however, noted that her committee would hold the release of its report until the House submits its version to the Senate.

The senator also expressed hope that the House will immediately act on the ABS-CBN franchise before the Senate goes on recess on March 12.

Meanwhile, about 91 House members yesterday signed Resolution 639 that calls for the transfer of at least eight pending bills on the franchise renewal of broadcasting network ABS-CBN from the committee on legislative franchises to the plenary.

Albay Rep. Edcel Lagman spearheaded the move, along with some militant lawmakers and senior House officials, among them Reps. Doy Leachon of Oriental Mindoro, Johnny Pimentel (Surigao del Sur), Kit Belmonte (Quezon City) and Joy Tambunting (Parañaque).

The resolution wants Palawan Rep. Franz Alvarez, chairman of the committee on legislative franchises, to “report out without further delay for plenary action a consolidated version of eight pending bills” for the renewal of ABS-CBN’s 25-year franchise.

‘No franchise, no operation’

There is no way that the NTC can issue a provisional franchise for ABS-CBN for as long as the House of Representatives did not grant a renewal of its legislative franchise, a veteran legislator clarified yesterday.

“The settled rule is no franchise, no operation,” Lagman said, citing as basis Section 16 of Republic Act 7925 or the Public Telecommunications Policy Act, which categorically states that broadcast stations must first secure a franchise before the NTC can act.

“It unequivocally provides that ‘no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise’,” he added, as he described such propositions (NTC provisional authority) as an “illusory remedy.”

“The NTC on its own cannot resurrect an expired legislative franchise by granting a former grantee provisional authority to operate. Only holders of a valid, existing and/or renewed franchise can apply with the NTC for a certificate of public convenience and necessity.”

Lagman then suggested that the House committee on legislative franchises under Alvarez commence and “expedite” its hearings on at least eight ABS-CBN bills pending in his committee.

Meanwhile, three more citizen groups have lent their voices to the growing chorus of objections to government’s alleged crackdown on ABS-CBN, condemning it on socio-economic, political and legal grounds.

In separate statements, Bantay Konsyumer, Kuryente, Kalsada; CitizenWatch Philippines and Democracy Watch Philippines assailed Calida’s quo warranto petition against ABS-CBN. – With Delon Porcalla

https://www.philstar.com/headlines/2020/02/18/1994046/senate-hearing-abs-cbn-franchise-set-february-27

Cotabato City seeks exclusion from BARMM until June 30, 2022

DAVAO CITY (MindaNews / 17 February) – A year after it voted ‘yes’ to inclusion in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), Cotabato City now wants exclusion from the BARMM until the end of the transition period on June 30, 2022.

Cotabato City Mayor Cynthia Guiani-Sayadi in a February 7 position paper addressed to President Rodrigo Duterte, a copy of which she sent MindaNews, asked the President to “hold in abeyance the turnover of Cotabato City to BARMM.”

At the end of her eight-page position paper, Sayadi, who campaigned for a ‘No’ vote in the January 21, 2019 plebsicite to ratify the Bangsamoro law, said they are “ardently appealing for a Status Quo until such time that the three-year transition period has been completed and the BARMM bureaucracy would have been fully operational.”

The transition period of the BARMM, which is presently governed by the Bangsamoro Transition Authority (BTA), ends on June 30, 2022 when the first elected BARMM officials shall have taken their oath of office.

But lawyer Naguib Sinarimbo, BARMM Minister for Local Government and concurrent BARMM spokesperson, said the inclusion of Cotabato City in the BARMM “is settled already by the Constitution and the Bangsamoro law and that is upon ratification in a plebiscite.”

“The people of Cotabato City have spoken and no one can stop that,” he told MindaNews.

Sayadi, a lawyer, told MindaNews over the weekend that they were “given extension until December 31, 2020” to maintain the status quo.

Asked who granted the “extension,” she replied in a text message on Sunday: “I was informed in Malacanang in the presence of SILG Año (Secretary of Interior and Local Government Eudardo Año). I understand he was given the order to implement it.”

MindaNews asked who gave the order and when but the mayor sent no reply.

But in her Facebook video post on Saturday night, the mayor said “Secretary Ano of DILG said hindi pa time na ilipat ang Cotabato City as of this time – i-defer muna pag-transfer sa Decenber 31, 2020” (it’s not yet time to transfer Cotabato City as of this time and the transfer would be deferred until December 31, 2020).

Mohagher Iqbal, BARMM Minister for Education and concurrent co-chair of the Inter-Governmental Relations Body (he for the BARMM, Finance Secretary Carlos Dominguez for the national government) told MindaNews on Monday they are not aware that a decision has been made on the appeal of Cotabato City. “We have yet to receive a copy of the decision,” he said, adding that President assured he would give a “fair decision” as the BARMM maintained that the vote of the people in the plebiscite must be respected.

President Duterte met with Sayadi and Iqbal and other BARMM officials and Cabinet Secretaries on February 4 and February 12. Duterte, according to MindaNews sources present during the meeting, asked for a legal basis for the city’s appeal.

Cotabato City voted for inclusion in the BARMM on January 21, 2019, with 36,682 in favor and 24,990 against. The mayor said then that they would file a protest, claiming threats and intimidation prevented voters who opposed inclusion in the BARMM from casting their votes. A voter filed an electoral protest.

Constitution, Bangsamoro Law, Jurisprudence

Sinarimbo explained that since the ratification, Cotabato City has been part of the BARMM but “we could not supervise and regulate because the DILG (Department of Interior and Local Government) field office in Cotabato City has not been transferred to the BARMM, contrary to the mandate of the Bangsamoro Organic Law which is within three months” form the organization of the BTA.

“It is now more than three months and we must comply with the provision of the law,” the BARRM said, citing Article 16, Section 11 of the Bangsamoro law.

in its seven-page position paper submitted to President Duterte, dated Februrary10.

The BARMM took over from the ARMM on February 26, 2019 but it was formally inaugurated on March 29, 2019, graced by President Duterte. Three months from March 29 would have been June 29, 2019.

Thus far, only the Department of Transportation and Communication and, partly the Department of Public Works and Highways, have complied with the provision of the law.

The position paper argued that the BARMM is a constitutional mandate that must be obeyed and the territorial jurisdiction of the BARMM, including Cotabato City, “took effect upon ratification of Republic Act No. 11054.”

RA 11054 is the Organic Law for the BARMM, ratified in January last year by the then five-province, two-city Autonomous Region in Muslim Mindanao, 63 villages in six North Cotabato towns, and Cotabato City, where the seat of the BARMM and its predecessor, the Autonomous Region in Muslim Mindanao (ARMM) is. Sulu voted against inclusion but is still part of the BARMM because the law provides that the ARMM votes as one geographical area.

Aside from the Constitution and the Bangsamoro law, the BARMM also cited jursiprudence, reiterating that its creation “contemplates the grant of political autonomy and not just adminisitrative autonomy.”

It also cited the case of Disomangcop vs Datumanong where the Supreme Court ruled that regional autonomy is the “granting of basic internal government powers to the people of a particular area or region with least control and supervision from the central government.”

The BARMM said that based on RA 11054, “ratification in a plebiscite is the operative fact that determines the establishment of the territorial jurisdiction and no further act is necessary for the inclusion of provinces, cities and geographical areas in the Bangsamoro Autonomous Region.”

Status Quo

Sayadi’s position paper claimed as legal basis for the President to consider their appeal is that implementation of the law is “inherently executive in nature” and the President has the “full power” to hold in abeyance the turnover of the city to the BARMM.

She also cited the general supervision powers of the President in the Constitution, the Local Government Code, and the Bangsamoro Law’s Article VI which provides that the President shall exercise general supervision over the Bangsamoro Government “to ensure that the laws are faithfully executed.”

Sayadi claimed her city would be placed in a “critical and difficult situation” and that the momentum of the city for progress and development “will be unduly derailed” if they would be under BARMM.

She cited several issues to push for status quo until 2022, among them, that the turnover of the city to BARMM is “not urgent.. not exigent.. not necessary as of this time,” claiming the BARMM has yet to pass its Administrative Code; that the system of governance in the BARMM is parliamentary and the BARMM is still “learning its craft.”

The mayor also claimed that after a year, “BARMM has no significant achievement,” that it has “no transition plan” and cited other issues pointing to the alleged incompetence of the BARMM and that the turnover of Cotabato City to BARMM now “will imperil the development and growth and bring confusion in Intergovernmental Relations of the City.”

She also claimed peace and order “would be seriously sacrificed,” adding the incidence of crimes has “significantly increased” since the BARMM was set up and that investors are “withdrawing their investments because of this perceived threat to peace and political stability.”

She cited four cases pending in the Supreme Court – three on the issue of constitutionality of the Bangsamoro law filed by Sulu Governor Abdusakur Tan vs. Executive Secretary Salvador Medialdea, Philippine Constitution Association vs Senate, and Congressman Dimaporo vs Commission on Elections, and a petition for nullification of the plebiscite results in Cotabato City (Amil P. Sula vs Comelec).

Sinarimbo said the Administrative Code is “not a requirement for the inclusion of Cotabato City in the BARMM or the transfer of national agencies located in Cotabato whose functions have been transferred to the Bangsamoro.”

He said the Bangsamoro law provides that “subsisting regional laws, including the Administrative Code, continue to operate unless revoked by the Parliament.”

Still with Region 12?

Sayadi’s reference to a “status quo” is apparently for Cotabato City to remain with Region 12 where it was a part of before last year’s plebiscite on the Bangsamoro law.

But is Cotabato City still part of Region 12?

Teresita Socorro Ramos, Regional Development Council-12 (RDC-12) acting chair told MindaNews Monday that the region’s highest policy-making body considers Cotabato City already part of the BARMM.

“Following the ratification of the Bangsamoro Organic Law, RDC-12 reorganized and no longer includes Cotabato City as its member. Since then, we have not been inviting Cotabato City to attend RDC-12 meetings,” Ramos, also the director of the National Economic and Development Authority-12, told MindaNews in a telephone inteiew.

She, however, said that several national government line agencies in Region 12 that have no counterpart in the BARMM as yet, continue to include Cotabato City in their budget items “so as to avoid stunting the growth of the city by depriving it of budget.”

Ramos sad the budget allotted by national government line agencies in Region 12 “can  be turned over to the BARMM once the new Bangsamoro region has completed its transition process.” (Carolyn O. Arguillas with a report by Bong Sarmiento / MindaNews)

https://www.mindanews.com/peace-process/2020/02/cotabato-city-seeks-exclusion-from-barmm-until-june-30-2022/