Saturday, February 22, 2020

‘Ang Probinsyano’ stars join ABS-CBN prayer vigil for franchise renewal

“Ang Probisyano” stars join the ABS-CBN prayer vigil. Image: Instagram/@cocomartin_ph, @johnprats
The cast of the hit action TV series “Ang Probinsyano,” led by main actors Coco Martin and Yassi Pressman, participated in the media conglomerate ABS-CBN’s prayer vigil to appeal for the  renewal of its franchise, which will soon expire.

The actors supported their home network by wearing white outfits and displaying a tied ribbon with the media company’s colors blue, green and red, yesterday, Feb. 21. ABS-CBN stars, staff and other employees came together in front of their main building in Quezon City to show their solidarity with the company and to defend the perceived attack against press freedom.

TV host Korina Sanchez took a few snippets from last night’s vigil and placed them in a collage as seen in her Instagram post yesterday. Candles lit the streets beside the network’s building as a sea of employees showed support.

Sanchez called them “heroes” and also used the hashtags #DefendPressFreedom and #YesToABSCBNFranchiseRenewal.

“Here you’ll see news anchor Julius Babao and Actor Jericho Rosales and cast members Angel Aquino, Jaime Fabregas, Rowell Santiago and Joel Torre,” Sanchez said.


Martin, who plays the main role of Cardo Dalisay in “Ang Probinsyano,” expressed his solidarity in his Instagram post. The action star showed the facade of the media company’s building filled with people, some raising their hands into a fist.

“Hindi ka namin iiwan at pababayaan (We will not leave and ignore you)!” Martin declared.



View this post on Instagram

A post shared by Coco Martin (@mr.cocomartin) on
Actor John Prats also stood beside his fellow stars including Empoy Marquez and Raymart Santiago, among others, while holding up their glowing candles.

“Walang iwanan,” Prats said in his post yesterday.


Meanwhile, in the House of Representatives, Speaker Alan Peter Cayetano said he would coordinate with the National Telecommunications Commission (NTC) to allow the media network to continue operating while its bid for franchise renewal is pending. ABS-CBN’s franchise is set to expire on March 30.  /ra

https://entertainment.inquirer.net/365490/ang-probinsyano-stars-join-abs-cbn-prayer-vigil-for-franchise-renewal

ABS-CBN Franchise Renewal Issue: A PEP Primer

#NoToABSCBNShutdown or #YesToABSCBNShutdown?

You can solidly be in one camp or another, but whichever you choose, it is important to get a full grasp of this polarizing issue.

ABS-CBN is in danger of not having its franchise renewed when it expires on March 30, 2020.

In the latest development, Senate Minority Leader Franklin Drilon filed a joint resolution seeking to extend ABS-CBN's franchise until the end of 2022.

Drilon says, "There is a view in Congress that the franchise can continue to exist until June 30 of 2022, but there is no final judgment on that by the Supreme Court. When the Supreme Court will say that the franchise can continue up to June of 2022, well, good. But if not, we will have problems."

Here’s a short primer to help you become fully informed:

WHAT IS THE FRANCHISE AND WHY DOES ABS-CBN NEED A FRANCHISE?

Every TV and radio network in the Philippines needs a franchise to be able to broadcast their content over the airwaves.

Under Republic Act 3846 of 1931, also known as the Radio Control Law, every broadcasting company has to obtain a franchise from the Philippine legislature before it can operate. Section 1 of the Act states, “No person, firm, company, association or corporation shall construct, install, establish, or operate a radio station within the Philippine Islands without having first obtained a franchise therefore from the Philippine Legislature.”

ABS-CBN’s obtained its current franchise on March 30, 1995, when then President Fidel Ramos signed Republic Act 7966. This granted a 25-year franchise to the Kapamilya network. The franchise expires on March 30, 2020.

HOW CAN ABS-CBN RENEW ITS FRANCHISE?

The process starts in the Legislative branch, where a House Representative must file a Bill for the franchise renewal. The attempt to renew happened several times now.

In September 2014, Congressman Giorgidi Aggabao of Isabela filed one for the 16th Congress, but it was not successful.

Two attempts were then made in November 2016. Congresswoman Micaela Violago of Nueva Ecija filed the first House Bill, while brothers Congressman Karlo Nograles of Davao and PBA Party-list Representative Jericho Nograles filed the second. The two bills also did not pass.

In 2019, Congresswoman Violago tried once again by filing her previous bill. In the Senate, Senator Ralph Recto filed a similar bill. Both bills are still far from being made into law.

When the bill passes in the House, it must also pass in the Senate. Only then can it become a law that will extend ABS-CBN’s license to operate for another 25 years.

The bill will then have to be signed by President Rodrigo Duterte or it can automatically lapse into law if the President fails to sign it and does not veto.

WHY IS ABS-CBN IN DANGER OF NOT GETTING A FRANCHISE?

The simple answer is that President Rodrigo Duterte has openly declared that he would object to the renewal of an ABS-CBN franchise.

Duterte has been very vocal about wanting to take ABS-CBN off the air, saying that the network had wronged him.

In November 2018, Duterte admitted that that he dislikes the network and the family that owns it. He disclosed this in a speech that he delivered in Aklan.

He said that while campaigning during the presidential election of 2016, he paid the Kapamilya network to air his political ad, but the network did not, even after the ad had been paid. He added that he was further insulted when the network aired ads attacking him, which he said were paid for by the opposition.

Duterte also reserved defamatory words for ABS-CBN’s chairman emeritus, businessman Gabby Lopez.

Duterte said: "Alam mo yung ginawa ng mga put*ngina kayo, ikaw Gabby. Inuna mo pa yung advertisement ni [Antonio] Trillanes na hindi ikaw. Pinaniraan ako ng mga bata, ay si Duterte killer yan. Sa batas, there was an injunction na hindi pwede yan kasi bawal na gamitin mo ang bata. And yet pumunta talaga kayo, went ahead with the show and made it public."

Duterte has repeatedly made it clear that he is against any renewal of the ABS-CBN franchise.

"Yung franchise ninyo, matatapos. But let me ask you questions first. Kasi ako talaga mag-object na ma-renew kayo. Alam mo bakit? Magnanakaw kayo. Estapador. Ginawa ninyo sa amin, marami kami," he said in the Aklan speech delivered in November 2018.

IS THE SHUTDOWN RELATED TO THE SUPPOSED NON-PAYMENT OF ABS-CBN OF TAXES?

This allegation about ABS-CBN’s tax issues is simply untrue, says ABS-CBN. In a statement released last February 13, ABS-CBN maintained that it pays the correct taxes to the government.

The statement read, “ABS-CBN has no outstanding tax liability with the Bureau of Internal Revenue (BIR). In fact, the BIR issued a Tax Clearance Certificate to ABS-CBN in 2019. For the past 17 years, ABS-CBN has paid a total of P70.5 billion in taxes to the government, making the company one of the biggest taxpayers in the country. We have also been cited as one of the Top 200 Non-Individual Taxpayers nationwide.”

The Bureau of Internal Revenue (BIR) confirmed this with a statement saying that ABS-CBN does not have a pending tax issue with the agency.

WHAT HAPPENS TO ABS-CBN IF IT LOSES ITS FRANCHISE? WILL IT CEASE OPERATIONS?

ABS-CBN will have to stop its broadcasting arm, which includes its television and radio channels. The following TV stations may be taken off the air: ABS-CBN channel 2, ABS-CBN Sports and Action, The Filipino Channel, Kapamilya Box Office, Jeepney TV, Knowledge Channel, Metro Channel, Myx, O Shopping, and all its regional channels.

Meanwhile, the franchise for Channel 23, which it also owns, will expire by July 2020.

The following radio stations may also have to be shuttered: DZMM Radyo Patrol 630 KHz, MOR 101.9 My Only Radio For Life! 101.9 MHz, and all its regional radio stations.

But ABS-CBN will not fully be devastated because it still has its film production arm Star Cinema, recording company Star Records, as well as its online and publishing arms and streaming services like iWant. These ventures do not need the franchise to operate.

FPJ’s Ang Probinsyano can continue streaming via iWant, or maybe via YouTube. Di pa mamamatay si Cardo ni Coco Martin kahit may shutdown.

CAN ABS-CBN SHOWS BE AIRED ON RIVAL NETWORKS AND/OR CABLE TELEVISION?

There are those saying that ABS-CBN could become a blocktimer in other networks.

One of these could be TV5, a rival network chaired by Manny V. Pangilinan.

Pangilinan said in a December 2019 interview that TV5 is open to having a blocktime deal, but clarified that there are no ongoing talks with ABS-CBN.

“We have lots of highways on 5,” he was quoted as saying in an interview back then with the Philippine Star. “Setting aside politics, if they want to blocktime, we are prepared to talk.

“We don’t have much entertainment content. It’s up to them.”

If the blocktime agreement pushes through, ABS-CBN will rent TV5’s airtime, so it can continue airing its shows.

Another option is to air Kapamilya shows on cable television.

A national group of 600 cable operators in the Philippines is willing to air ABS-CBN shows and other programs if the TV network loses its franchise.

“Kapag itong [Ang] Probinsyano, mawawala, hahanapin ito sa amin. Hihingi lang sila ng isang channel sa amin—if the price is right,” said Estrellita Juliano-Tamano, chair of the Federation of International Cable TV and Telecommunication Association of the Philippines (FICTAP).

WHO ARE THE ONES TRULY AFFECTED BY THE SHUTDOWN?

The downsizing of ABS-CBN’s operation directly affects its employees. The National Union of Journalists of the Philippines (NUJP) estimates that up to 11,000 workers will lose their jobs when ABS-CBN channels are shut down.

“Do not allow one man’s vindictiveness displace thousands of workers, including journalists and artists, and spell the end for freedom of the press and of expression,” NUJP said in a statement.

WHAT IS THE QUO WARRANTO PETITION FILED AGAINST ABS-CBN?

Although this is still about ABS-CBN’s franchise, it is not connected to the bills seeking a franchise renewal submitted to Congress.

On February 10, the Office of the Solicitor General (OSG) filed with the Supreme Court a petition for quo warranto against ABS-CBN. Solicitor General Jose Calida claimed that the Kapamilya network committed “highly abusive practices” that should result in the outright cancelation of its franchise.

One of them is ABS-CBN’s pay-per-view service through its TV Plus devices, which the OSG said was not part of its franchise.

The OSG also alleged that ABS-CBN violated the constitutional requirement that media establishments in the Philippines must be 100% Filipino-owned, because it offered Philippine Depositary Receipts to foreign investors.

ABS-CBN answered these allegations on the same day. The network maintained that it did not violate the law because all of its actions had been evaluated and approved by government agencies, including the Securities and Exchange Commission, and the Philippine Stock Exchange.

https://www.pep.ph/guide/tv/149552/abs-cbn-franchise-renewal-issue-a-pep-primer-a738-20200222-lfrm

ABS-CBN cannot invoke freedom of speech to secure franchise

"The right of the individual is far different from the rights of corporations."

As usual, ABS-CBN and its horde of patrons are raising the defense based on that worn-out libertarian precept of freedom of speech and of expression. They take that political tenet as immutable, and not subject to political persuasion or influence. They insist that such is enshrined in our Bill of Rights. Section 4, Article III of the Constitution provides, to quote: “No law shall be passed abridging the freedom of speech, of expression, or the press, or rights of the people to peaceable assemble and petition the Government for redress of grievances.” The owners of ABS-CBN in their battle to stave-off the non-renewal of their franchise, claim that this would result in curtailing their right to exercise freedom of speech and of expression to weaken the very foundation of our so-called democratic institution.

Taking this particular issue of freedom as their primordial defense, one could not help but mention that this particular industry, commonly known as mass media, is owned and operated by a rather notorious oligarch that one cannot exactly see as a model for society to imbibe. One must note that the owners of ABS-CBN is not fighting for their rights, as individuals fighting for their rights, but one seeking to secure an extension of their rights through a franchise to operate. They are fighting for their propriety right as owners and/or stockholders of a behemoth corporation. The right of the individual which is wholly circumscribed to the rights of the citizens enumerated in the Bill of Rights is far different from the rights of corporations seeking a franchise to operate.

The right of an industry like ABS-CBN is definitely not the same as the right of an individual seeking to protect his liberty, viz. his very existence. ABS-CBN is seeking to extend its freedom over and above the rights of the individual. ABS-CBN being engaged in mass media accords it the privilege to broadcast news and disseminate information and opinion with the end goal of influencing public policy and worse, in promoting and even undermining the credibility of the governments that refuses to give in to its demand for extra accommodation.

This means that the exercise of freedom using the instrumentalities and facilities of modern mass media to reach millions of listeners and viewers to far-flung areas of the archipelago is totally different from the exercise of the individual demanding freedom of speech, of the press and expression.

It is this delineation between the rights of the individual and that of a corporation why the rights of the individual is embedded in the Constitution as Bill of Right while the rights of the corporation, circumscribed to protecting public interest, are limited and prescribed to its franchise. They can never be the same because owners of corporations have enormous capital while individuals only have their sweat and their labor to be heard. The focus of the individual liberty is circumscribed to their freedom of speech and of expression which is basic to his existence as human being. Meanwhile, a corporation is anchored on their proprietary rights to disseminate news and information to the masses. The consequence of their exercise of that privilege is to reduce the individual taken as public to mere listeners, digesting views fed unto them by the factory known as mass media. Often they equate their opinion as the view of the majority of the people and not of the stockholders.
Mass media in layman’s language is a specialized venue to allow corporations to extend their freedom of speech, of the press and of expression which we all know is further specialized to different fields such as broadcasting, television and print media.

A deeper circumspection of ABS-CBN, which is the leading in the industry, would clearly indicate they are not exercising their freedom, but are doing the work to mould and influence the public to accept the views of the corporation rooted on their interest as owners. There is no way for the general public can rebut or object what they are saying.

In fact, allowing one’s view to be published, aired, or shown on television is like a gift from God because their pre-examination of its contents is not considered by them as censorship but a prerogative by their editor or management. The franchisee as owners think it has every right to censor and or reject any view opposing or dissenting that of the management. The public is thus reduced to mere audience accepting every conceivable trash dished out by demagogues as thought lifted from the Holy Scripture. The unwary public can only swallow hook, and sinker lies, propaganda, or disinformation, and the government is often placed on the defensive for the fact that owners of the franchise easily hide behind the curtain of freedom of speech, of the press and of expression to confuse the general public.

(To be continued)

https://www.manilastandard.net/opinion/columns/backbencher-by-rod-kapunan/317891/abs-cbn-cannot-invoke-freedom-of-speech-to-secure-franchise.html

Ex-CJ Puno, Senator Drilon reiterate ABS-CBN can’t operate beyond expired franchise

Former Supreme Court Chief Justice (CJ) Reynato Puno and Senator Franklin Drilon asserted that ABS-CBN could no longer operate after March 30, 2020 without a new franchise.

In a One News report yesterday, February 21, Puno said it was in line with the February 2003 Supreme Court decision on the case of Associated Communications & Wireless Services United Broadcasting Network, Inc. (ACWS) against the National Telecommunications Commission (NTC).

The SC has not allowed the ACWS to broadcast without a new legislative franchise from Congress.

This is also the view of the former Chief Justice in the ABS-CBN franchise case ending March 30.

Puno said: “This ABS-CBN, if the franchise expires, cannot get from the National Telecommunications Commission the authority to operate after the expiration of the franchise.

“The National Telecommunications Commission does not have that power.”

He added: “While Congress is taking time in deliberating whether to grant or not to grant a new franchise to ABS-CBN, I would like to think that it has only subsidiary powers and one of those subsidiary powers is to preserve the status quo .

“That sounds like a judiciary, too. For example, the Supreme Court assumes jurisdiction over a case, or does it have the power to issue TRO or other lesser writs, as well. ”

Puno served as Chief Justice of the country from December 2006 to May 2010.

SENATOR DRILON ECHOES WITH OPINION

In Senator Franklin Drilon's interview with Karen Davila on the ANC's Headstart program yesterday, lawmakers questioned Puno's remarks.

This is contrary to the view of some lawmakers who said that ABS-CBN could still operate even if its franchise expired.

Some lawmakers say the network franchise could be extended until 2022 if Congress fails to grant it a new legislative franchise before March 30.

Senator Drilon said: "The Supreme Court has squarely ruled that a franchisee cannot anymore operate as a broadcast station if there is no longer a franchise.

"Of course, there is this view [from politicians], but you are taking a risk that the Supreme Court will rule otherwise as it has ruled in some cases."

Drilon also said that the law does not allow the NTC to issue a temporary operations permit at a fire station.

The senator said he suspected a state regulator on ABS-CBN because the NTC was under the Office of the President.

President Rodrigo Duterte has repeatedly threatened to block any bill that would provide a new franchise to the Kapamilya network.

This is why Senator Drilon has filed a joint resolution in the Senate aimed at extending the ABS-CBN franchise until 2022.

“It's not for ABS-CBN. It is for Congress to be given time to review the very serious allegations made by Solicitor General [Jose Calida] in the Supreme Court, ”the senator explained.

The Office of the Solicitor General filed a quo warranto petition in the Supreme Court on February 10, to revoke the existing franchise of the network for alleged violations of its legislative franchise.

Drilon also asserted that Congress was the right venue for franchise renewal — not the Supreme Court.

He said, “Whether or not ABS-CBN has violated the terms of its franchise, it would have to be passed upon by Congress because we are in the process of renewing.

"The jurisdiction is with us."

In the event that Drilon's joint resolution be passed to Congress and approved by President Duterte, it has a false pretense that it is a legitimate law.

This will help the ABS-CBN's 11,000 staff not to worry.

Drilon promises: "I do not want to risk the livelihood of the 11,000 ABS-CBN employees on a theory that ABS-CBN and its 11,000 employees can continue after March 30 without a franchise."

https://www.pep.ph/news/local/149534/puno-drilon-abs-cbn-franchise-renewal-a718-20200221

The long goodbye

The legislative calendar has Congress adjourning on March 14, 2020. Session will resume around 50 days later, on May 4, 2020. By then, the expiration of ABS-CBN Corporation’s Congressional Franchise to operate TV and radio broadcasting stations in the Philippines through microwave, satellite or whatever means including the use of new technologies in television and radio systems may have become fait accomplish. Their  franchise was last renewed in March 30, 1995. The term was for 25 years. Thus, their D-Day for another renewal is March 30, 2020.

ABS-CBN lays the strongest claim to being the country’s leading media and entertainment company, offering services across a wide array of platforms, including digital. Its VHF Television network, using Channel 2 in Metro Manila, has a penetration of 97 percent of all TV owning households. Radio, cable, digital, film, publishing, etc., all these are dominated by ABS-CBN in terms of technology, production and the content that it creates on its own. The company’s reach is global.

Its multi awarded news and public affairs division programming is an intrinsic part of Filipinos’ daily reality. Whatever we’re into during prime time, it’s still gospel to supply our inner citizen with quick fixes from TV Patrol, Bandila or their cable news channel, ANC (along with GMA, TV5, CNN, PTV4, EBC and the other equally substantial network and cable channels). Indubitably, if ABS-CBN should go off the air in 38 days, plenty will feel unmoored.

In these 38 days, surely uncertainty. The House franchise committee refusing to even schedule a hearing; the Senate public services committee with its own hearing on Monday even if franchises are constitutionally obliged to originate in the House. It’s not just procedural minefields to negotiate, there are the core value issues of freedom of speech and the inevitable separation of powers hurdle with Solicitor General Jose Calida’s Quo Warranto petition insinuating itself into the fray, notwithstanding that the matter is already before Congress. The soap opera has left ABS-CBN’s portals and transferred to the Batasan. Talk about life imitating art.

Best case, it operates until end of the Session during which the franchise renewal was filed. This means June of 2020 or even end of the 18th Congress which takes it to June 2022. Bad case scenario, complete stop by March 30, 2020. But this is not the worst case. After all, ABS-CBN is not prevented from continuing to apply for a franchise. The worst is outright denial of franchise plus to be Quo Warrantoed out. And, there are even indications that the company’s operations will also be questioned on trust and competition grounds given the vertical integration of ABS-CBN’s content and exhibition/publication venues.

VFA Redux. Many were happy to see veteran Senators Francisco “Kit” Tatad and Rodolfo “Pong” Biazon as resource persons in the Senate foreign affairs committee hearing on the Senate’s planned Petition for Declaratory Relief. The two were integral to the debates on the ratification of the Visiting Forces Agreement in 1999.

As expected, the Department of Foreign Affairs insists on its reading that the President is empowered to withdraw from treaties/international agreements even without Senatorial concurrence. We’re sure the Senators didn’t stage the hearing to try to change minds. Its no one’s fault that the Constitution is opaque on the Senate’s role in treaty breaking in contrast to constitutional clarity on their role in treaty making. 

We delight in seeing the Senate proactive in reclaiming lost ground. Its no good for the institution to lose the power by default which is what would happen if they keep their peace. The Executive may claim the power in the first instance. This is really the image of treaty making that we remember. Negotiation and diplomacy. Even in the constitutional design, the treaty power appears in Article VII on the Executive.

The debates in the Senate for concurrence aren’t as memorable. They take place after the fact and because they appear to be no different from the other forensic competitions in the hall (I would have used the adjective “great” but, alas, there has been a seismic shift now from the Senate to the House as venue of worthier speech and debate experiences). Nonetheless, Senate concurrence, though a condition subsequent, is still a condition. This element is the indispensable ingredient in converting mere agreements between executive officials into the equivalent of laws of the land.

But if you think a sideways pass to the Supreme Court resolves this, then good luck. In the US, judicial temperance prevented an outright resolution of the issue when their High Court was asked to declare unconstitutional President James Earl “Jimmy” Carter’s nullification of the Mutual Defense Treaty between US and Taiwan. The American justices yielded to the political question doctrine – that the matter was for the two political departments to sort out –  to justify a hands off position. The Court also conceded that there was no dispute to trigger their jurisdiction. The case was filed by Senators (Republicans Goldwater and Co.) and not by the Senate as an institution. The latter did not even act officially by filing a Resolution expressing their sense against the unilateral termination.

In the same way, our Senate may have passed its Resolution in the aftermath of PRRD’s notice of termination. But it was not a Resolution in opposition to the Executive action. Though backed by 13 votes, the tenor of the same merely urged the President to reconsider. Where, thus, is the justiciable controversy if the Senate does not object to the withdrawal? This might be a way out for the Court. Invoke the political question doctrine and the justiciability card.

“Therefore we do not lose heart. Even though our outward man is perishing, yet the inward man is being renewed day by day.” 2 Corinthians 4:16.

https://www.philstar.com/opinion/2020/02/22/1995049/long-goodbye

Lacson: Senate hearing on ABS-CBN to tackle a resolution, not franchise bills

By Mario Casayuran

Senator Panfilo M. Lacson said Friday that House of Representatives Speaker Alan Peter S. Cayetano may have a point about the House having first crack at certain measures, because the 1987 Constitution provides that bills of local application like franchise measures must originate from the House of Representatives.

But Cayetano, according to Lacson, “is wrong in equating it to the Charter change issue, though, since as practiced and for expediency, we conduct committee hearings on tax and budget measures even before the House transmits its approved version of the bill to the Senate.”

Lacson issued the statement as some House members reminded the Senate to honor the traditional inter-parliamentary courtesy between the two legislative chambers by not conducting a public hearing on the petition by ABS-CBN for renewal of their franchise, because its committee has not yet submitted its report on the petition.

As the March 30 termination of the current ABS-CBN franchise approaches, the House committee in charge of the renewal petition has yet to conduct a public hearing, critics pointed out.

Lacson said that what could be considered blatantly violative of the Constitution is if the Senate committee chairperson reports out on the floor the committee report for plenary debates.

“This is something we have not done and will never do,” Lacson said.

“Having said that, what I understand to be tackled by the public services committee are not the bills in connection with the ABS-CBN franchise, but a filed resolution to conduct an inquiry in aid of legislation on the alleged violations of ABS-CBN that is being questioned by the Office of the Solicitor General before the Supreme Court via a quo warranto petition, in which I have earlier expressed reservation out of courtesy to a co-equal branch that has already given due course to the said petition,” he added.

https://news.mb.com.ph/2020/02/21/lacson-senate-hearing-on-abs-cbn-to-tackle-a-resolution-not-franchise-bills/