(UPDATED) ABS-CBN is advised to seek provisional authority from the NTC to extend their franchise to 2022
(UPDATED) – It's illegal for ABS-CBN to continue to operate until 2022 under its current franchise, contrary to what lawmakers like Isabela Representative and legislative franchise committee vice chairman Tonypet Albano and House Speaker Alan Peter Cayetano have said.
Albano was quoted in reports saying: “We want to allay the fears of the public and the [ABS-CBN] employees, ABS-CBN will not cease to exist unless Congress acts on it. ABS-CBN may actually continue to legally operate under its existing franchise until the end of 18th Congress or until that franchise is formally terminated [by Congress before 18th Congress ends].” The 18th Congress ends in 2022.
However, it's unclear if this is valid under the law or not. Lawyer and former Supreme Court spokesman Ted Te said that the rules of Congress don't provide for this situations like this, wherein a franchise can continue if a bill that has been filed for its renewal wasn't granted immediately. "I'm not too sure if there's a specific rule governing that or just merely tradition," he said.
In a separate interview, Jun Rodriguez, lecturer on Contemporary Issues in Media Law at Ateneo’s Masters in Journalism program, was certain that the network giant has no right to operate after the lapse of its 25-year franchise on March 30 regardless of the pending bills.
“[The bills pending in Congress are] irrelevant,” said Rodriguez.
“The bills are not law. It is the law that grants the franchise or the right. Without the law that grants the right, there is no right and therefore there is nothing to exercise. The fact that they have the intention, perhaps, to renew it is not exactly the same as renewing it or extending the right to them for another period,” Rodriguez continued.
‘Nothing to extend’
Albano and Cayetano had also advised ABS-CBN to seek provisional authority before the National Telecommunications Commission (NTC) to operate past March 30, but this would also be impossible, said Rodriguez.
The certificate the commission gives broadcasting companies can only be extended if the franchise, granted by Congress, is extended.
Article VI, Section 16 of Republic Act 7925 or the “Public Telecommunications Policy Act of the Philippines” states, “No person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.”
It also says: “A [certificate of public convenience and necessity (CPCN)] expiring at the same time as the franchise shall be deemed to have been renewed for the same term if the franchise itself is also renewed or extended.” A CPCN is the principal license that the NTC issues to telecommunications companies for operation.
“The certificate of public convenience and necessity, which is issued by the executive department, is a way to implement [the law],” Rodriguez said. “So in that context, in that situation, what is there to implement, again, if there’s no franchise?”
Te echoed the sentiment: "As far as the provisional authority [is concerned], I would suppose there would have to be first a franchise that is valid, meaning, unexpired, and then extended...But if the franchise lapses, it means there's nothing to extend. So I'm really not sure exactly what the basis is for [Albano's and Cayetano's] statement."
'Practically impossible'
Rodriguez added because the NTC is part of the executive department, it may be even more difficult for the commission to extend the franchise past March 30. He explained: “The President has overall supervision and control over executive agencies and offices....So legally, it’s not possible, I think, but practically it’s even more impossible.”
The renewal has been strongly opposed by President Rodrigo Duterte, who accused the network of not running advertisements he paid for during the 2016 presidential campaign.
On December 30, 2019, Duterte said that it's unlikely for the franchise to be renewed and that the network should be sold instead. In the past, he also accused the network of “publishing trash,” trying to “swindle” him, and of being “sons of bitches.”
Groups like the National Union of Journalists and Reporters Without Borders have called on Congress to act against what they slammed as a threat to press freedom.
"The repercussion right now, I think, even in the lead up to the hearing in Congress, is really the threat, because the entity becomes vulnerable because of that threat of non-renewal," Te said in a mix of English and Filipino. "It's really more that, than the actual non-renewal, or the actual renewal."
Joint resolution
It is still possible for the franchise to be extended, but not because of pending bills or through the NTC but through the joint resolution filed by Senate Minority Leader Franklin Drilon on February 17.
Senate Joint Resolution No. 11, seeks to extend ABS-CBN Corporation's franchise to December 31, 2022, which, Drilon said, would buy Congress more time to study the 12 pending bills seeking its renewal.
Aside from the bills, the joint resolution highlights other factors that would require more time for Congress to decide: on February 10, Solicitor General Jose Calida filed a quo warranto petition to void the franchise altogether and on February 12, Senator Grace Poe filed Proposed Senate Resolution (PS Res) No. 322 to determine ABS-CBN's compliance with the terms and conditions of its franchise.
Joint Resolution No. 11 will be discussed on Monday, February 24, along with PS Res No. 322.
If they want ABS-CBN's franchise to be extended, lawmakers must act quickly to pass the Joint Resolution as the 1st regular session of the 18th Congress ends on March 14 – a little over two weeks away. The resolution will also need to be signed by President Duterte to have the effect of law.
Is there enough time?
https://www.rappler.com/newsbreak/iq/252445-explainer-abs-cbn-operate-past-franchise-expiration-date
Sunday, February 23, 2020
Ilang Pinoy nakaabang sa Senate hearing ukol sa prangkisa ng ABS-CBN
Isang araw bago ang pagharap ng mga opisyal ng ABS-CBN sa hearing ng Senate Committee on Public Services upang liwanagin ang mga isyu sa prangkisa ng kompanya, nagbigay-suporta naman ang ilang Pinoy na tumatangkilik sa network.
"Siyempre para marinig namin 'yung mga ano nila, kung sino ang mali doon... Ano ba ang ibig sabihin nila na tatanggalin [ang franchise], at bakit? Bakit isasara eh wala namang mali," ani Luz Castor, isang vendor.
Araw-araw libangan ni Castor ang panonood ng ABS-CBN shows.
Sa mahigit 20 taon niyang pagtitinda ng gulay, ito ang pumapawi ng kaniyang pagod.
Ang mga tricycle driver na nakausap ng ABS-CBN News, tututok din daw sa hearing sa Lunes.
"Siyempre bilang isang mamamayan kailangan natin malaman 'yung kontrata nila kung legal ba o illegal... Mahalaga ba na mayroong ABS-CBN? Oo naman para hindi lang isang channel ang napapanood namin," giit ni Christopher Pardo, tsuper.
"Babantayan ko 'yan kasi ano ko talaga 'yung channel 2 simula pagkabata," ayon naman kay Armando Rufo, tsuper din.
Sa kabila ng batikos, partikular na ni House Speaker Alan Peter Cayetano, nanindigan ang Senado na may kapangyarihan silang duminig ng malalaking isyu sa bansa.
"Paano natin malalaman ang katotohanan kung hindi makakapagsalita ang mga 'yun? Hindi ba mas maganda para malaman kung talaga bang may kasalanan o wala," ani Sen. Grace Poe, chair ng komiteng didinig sa isyu.
Higit 11 panukala para sa renewal ng ABS-CBN franchise ang nakatengga ngayon sa Kamara. —Ulat ni Isay Reyes, ABS-CBN News
https://news.abs-cbn.com/news/02/23/20/ilang-pinoy-nakaabang-sa-senate-hearing-ukol-sa-prangkisa-ng-abs-cbn
"Siyempre para marinig namin 'yung mga ano nila, kung sino ang mali doon... Ano ba ang ibig sabihin nila na tatanggalin [ang franchise], at bakit? Bakit isasara eh wala namang mali," ani Luz Castor, isang vendor.
Araw-araw libangan ni Castor ang panonood ng ABS-CBN shows.
Sa mahigit 20 taon niyang pagtitinda ng gulay, ito ang pumapawi ng kaniyang pagod.
Ang mga tricycle driver na nakausap ng ABS-CBN News, tututok din daw sa hearing sa Lunes.
"Siyempre bilang isang mamamayan kailangan natin malaman 'yung kontrata nila kung legal ba o illegal... Mahalaga ba na mayroong ABS-CBN? Oo naman para hindi lang isang channel ang napapanood namin," giit ni Christopher Pardo, tsuper.
"Babantayan ko 'yan kasi ano ko talaga 'yung channel 2 simula pagkabata," ayon naman kay Armando Rufo, tsuper din.
Sa kabila ng batikos, partikular na ni House Speaker Alan Peter Cayetano, nanindigan ang Senado na may kapangyarihan silang duminig ng malalaking isyu sa bansa.
"Paano natin malalaman ang katotohanan kung hindi makakapagsalita ang mga 'yun? Hindi ba mas maganda para malaman kung talaga bang may kasalanan o wala," ani Sen. Grace Poe, chair ng komiteng didinig sa isyu.
Higit 11 panukala para sa renewal ng ABS-CBN franchise ang nakatengga ngayon sa Kamara. —Ulat ni Isay Reyes, ABS-CBN News
https://news.abs-cbn.com/news/02/23/20/ilang-pinoy-nakaabang-sa-senate-hearing-ukol-sa-prangkisa-ng-abs-cbn
Senators insist Senate can conduct hearings on ABS-CBN franchise
By Hannah Torregoza
At least two senators on Sunday insisted that there was no violation of the Constitution with respect to the Senate public services committee’s scheduled hearing on the issues surrounding the franchise of ABS-CBN Corporation.
The hearing, initiated by Sen. Grace Poe, head of the Senate Public Services panel, will be held Monday, February 24.
Sen. Juan Edgardo “Sonny” Angara said Section 24 of the 1987 Constitution, or what is known as the “origination clause”, provides that all private bills, such as the approval of franchises, “shall originate exclusively in the House of Representatives.”
The same provision in the Constitution also includes appropriation, revenue or tariff bills, bills authorizing increase of the public debt and bills of local application.
“It has been the long-standing practice of the Senate to hear such bills while waiting for the House of Representatives to act on these and transmit them to the Senate for its concurrence,” Angara said in a statement.
“Matagal na ginagawa ng Senado na simulan ang pagdinig sa mga mahahalagang panukala tulad ng ating national budget bago pa man ito ipadala ng mababang kapulungan (The Senate has long been doing hearing important measures, like the national budget, before it is sent to us by the lower chamber),” he said.
“Taon-taon natin ito ginagawa upang mapabilis ang proseso ng pag apruba, lalo na ng mga napakahalagang batas tulad ng GAA, ganun din sa mga tax bills (We have been doing this yearly to ensure a faster process in approving bills, especially with significant laws like the General Appropriations Act (GAA) and also tax bills),” Angara pointed out.
Citing the case of Tolentino v. Secretary of Finance, Angara said the origination clause in the Constitution merely requires the Senate, acting as a body, to withhold any action on a private bill still pending in the House of Representatives.
“The hearing by the committee is only meant to facilitate the process and in the case of the franchise of ABS-CBN, to hear the issues being raised against the network so that when the time comes, we as senators would already have a better grasp of the matter,” he said.
“No action will be made in plenary until such time that the House of Representatives acts on the bill and sends it over to us,” he said.
Senate Minority Leader Franklin Drilon, for his part said he was disappointed to hear the House leadership say that the Senate’s move to hear the ABS-CBN’s franchise was “unconstitutional”.
“We are saddened by the accusation. That is not true. There is nothing wrong and unconstitutional if we hear the franchise of ABS-CBN,” Drilon said, reiterated that nothing is unconstitutional with the Senate’s decision to hear the network’s franchise, which is set to expire on March 30.
Also citing the case of Tolentino v. Secretary of Finance (G.R. No. 115455), the minority chief said the Constitution does not prohibit the Senate from hearing a proposed measure “in anticipation of its receipt of the bill from the House.”
Drilon pointed out the Senate has done the same practice with the national budget and other revenue measures, hearing pending proposals while waiting for the House version.
“The House of Representatives is aware of this practice. Since time immemorial, we have been hearing the budget simultaneously with the House of Representatives only that we do not debate on this on the floor until we receive the House version,” he further explained.
“Our former colleagues who are now members of the lower chambers knew about this practice and they participated in hearings of this nature when they were in the Senate. They did not say it was unconstitutional then,” Drilon pointed out.
With only seven session days left before the adjournment of Congress on March 11, the senator said taking up the franchise of ABS-CBN was made even more necessary.
He also stressed that the Senate hearing should also rule on the need to extend the validity of the franchise of ABS-CBN, maintaining that the broadcasting network cannot operate without a franchise.
https://news.mb.com.ph/2020/02/23/senators-insist-senate-can-conduct-hearings-on-abs-cbn-franchise/
At least two senators on Sunday insisted that there was no violation of the Constitution with respect to the Senate public services committee’s scheduled hearing on the issues surrounding the franchise of ABS-CBN Corporation.
The hearing, initiated by Sen. Grace Poe, head of the Senate Public Services panel, will be held Monday, February 24.
Sen. Juan Edgardo “Sonny” Angara said Section 24 of the 1987 Constitution, or what is known as the “origination clause”, provides that all private bills, such as the approval of franchises, “shall originate exclusively in the House of Representatives.”
The same provision in the Constitution also includes appropriation, revenue or tariff bills, bills authorizing increase of the public debt and bills of local application.
“It has been the long-standing practice of the Senate to hear such bills while waiting for the House of Representatives to act on these and transmit them to the Senate for its concurrence,” Angara said in a statement.
“Matagal na ginagawa ng Senado na simulan ang pagdinig sa mga mahahalagang panukala tulad ng ating national budget bago pa man ito ipadala ng mababang kapulungan (The Senate has long been doing hearing important measures, like the national budget, before it is sent to us by the lower chamber),” he said.
“Taon-taon natin ito ginagawa upang mapabilis ang proseso ng pag apruba, lalo na ng mga napakahalagang batas tulad ng GAA, ganun din sa mga tax bills (We have been doing this yearly to ensure a faster process in approving bills, especially with significant laws like the General Appropriations Act (GAA) and also tax bills),” Angara pointed out.
Citing the case of Tolentino v. Secretary of Finance, Angara said the origination clause in the Constitution merely requires the Senate, acting as a body, to withhold any action on a private bill still pending in the House of Representatives.
“The hearing by the committee is only meant to facilitate the process and in the case of the franchise of ABS-CBN, to hear the issues being raised against the network so that when the time comes, we as senators would already have a better grasp of the matter,” he said.
“No action will be made in plenary until such time that the House of Representatives acts on the bill and sends it over to us,” he said.
Senate Minority Leader Franklin Drilon, for his part said he was disappointed to hear the House leadership say that the Senate’s move to hear the ABS-CBN’s franchise was “unconstitutional”.
“We are saddened by the accusation. That is not true. There is nothing wrong and unconstitutional if we hear the franchise of ABS-CBN,” Drilon said, reiterated that nothing is unconstitutional with the Senate’s decision to hear the network’s franchise, which is set to expire on March 30.
Also citing the case of Tolentino v. Secretary of Finance (G.R. No. 115455), the minority chief said the Constitution does not prohibit the Senate from hearing a proposed measure “in anticipation of its receipt of the bill from the House.”
Drilon pointed out the Senate has done the same practice with the national budget and other revenue measures, hearing pending proposals while waiting for the House version.
“The House of Representatives is aware of this practice. Since time immemorial, we have been hearing the budget simultaneously with the House of Representatives only that we do not debate on this on the floor until we receive the House version,” he further explained.
“Our former colleagues who are now members of the lower chambers knew about this practice and they participated in hearings of this nature when they were in the Senate. They did not say it was unconstitutional then,” Drilon pointed out.
With only seven session days left before the adjournment of Congress on March 11, the senator said taking up the franchise of ABS-CBN was made even more necessary.
He also stressed that the Senate hearing should also rule on the need to extend the validity of the franchise of ABS-CBN, maintaining that the broadcasting network cannot operate without a franchise.
https://news.mb.com.ph/2020/02/23/senators-insist-senate-can-conduct-hearings-on-abs-cbn-franchise/
TIMELINE: ABS-CBN franchise renewal
(UPDATE) - The Senate on Monday is set to tackle issues hounding the broadcast franchise of ABS-CBN Corp., the Philippines' largest media network.
Here are key events in the network's bid to renew its license to operate:
March 30, 1995
- The franchise of ABS-CBN Broadcasting Corp. was approved through Republic Act No. 7966, with an expiration date of March 30, 2020.
June 11, 2016
- ABS-CBN said it had opted for an early renewal application in September 2014 and "went through the normal legislative process." But it later withdrew its application "due to time constraints."
April 27, 2017
- President Rodrigo Duterte, in a chance interview, said he would formally block the renewal of ABS-CBN's franchise after accusing the company of "swindling."
Duterte said the network failed to air his campaign ad before the 2016 polls and then failed to return the money.
December 3, 2019
- The President told ABS-CBN not to expect a franchise renewal, saying he would "see to it that you're out."
December 30, 2019
- Duterte, in a speech in Cotabato, told ABS-CBN management to just sell the company.
February 10, 2020
- The Office of the Solicitor General questioned the current franchise of ABS-CBN Corp and its subsidiary, ABS-CBN Convergence Inc., before the Supreme Court through a quo warranto petition.
- On the same day, ABS-CBN said the Solicitor General's allegations were "without merit."
- Several lawmakers hit the move of the government's top lawyer, saying it "usurped" on the exclusive power of Congress to review franchises.
- Buhay partylist Rep. Jose Atienza, Jr., in a privilege speech, asked House Committee on Legislative Franchises chair Rep. Franz Alvarez to act on bills seeking to renew ABS-CBN franchise or resign.
- Malacañang distanced Duterte from the Solicitor General's move, saying the chief executive's verbal attacks against ABS-CBN Corp. were unrelated to the quo warranto petition.
Duterte's threats vs ABS-CBN unrelated to SolGen quo warranto bid: Palace
February 11, 2020
- The Supreme Court gave ABS-CBN 10 days to answer the Solicitor General's petition.
- Senator Christoper "Bong" Go, a longtime aide of Duterte, said the latter has "nothing to do" with Calida's petition.
- House Speaker Alan Peter Cayetano vowed an impartial hearing on bills for ABS-CBN franchise renewal
- Although Congress has yet to tackle bills seeking to renew the network's franchise, ABS-CBN may continue to operate beyond the expiration of its license to operate, according to Isabela 1st District Rep. Antonio Albano, vice chairperson of the House Committee on Legislative Franchises.
ABS-CBN can operate beyond franchise expiry- House franchise panel vice chair
February 12, 2020
- ABS-CBN released a reaction to Albano's statement, expressing appreciation to "the commitment of Congress to go through the renewal process at the appropriate time."
- Senator Grace Poe filed a resolution "directing the Senate Committee on Public Services to look into, in aid of legislation, on the operations of ABS-CBN Corporation to determine compliance with the terms and conditions of its franchise under Republic Act No. 7966."
February 13, 2020
- ABS-CBN Chief Operating Officer for Broadcast Cory Vidanes released a statement thanking the network's supporters.
February 14, 2020
- Speaker Cayetano said ABS-CBN franchise bills are "not that urgent," adding that the company can continue to operate through 2022 pending the passage of the new franchise bills.
- ABS-CBN employees and supporters gathered at Sgt. Esguerra Avenue in Quezon City to call for the network's franchise renewal.
On Valentine's Day, hundreds rally for ABS-CBN amid franchise woes
- Senate Minority Leader Franklin Drilon filed Senate Joint Resolution No. 11, seeking the extension of ABS-CBN's current franchise until Dec. 31, 2022 amid the limited session days in Congress before the expiration of the company's license to operate.
February 18, 2020
- Solicitor General Jose Calida asked the Supreme Court to issue a gag order on ABS-CBN and "parties and persons acting on their behalf" relating to statements surrounding the quo warranto petition.
- The Supreme Court told ABS-CBN to comment on the Solicitor General's plea within 5 days.
- The Senate initially set its hearing on the ABS-CBN franchise issue on Feb. 27, and later moved it to Feb. 24.
- Salvador Panelo, the presidential spokesman, said Duterte "does not want" ABS-CBN Corp to shut down despite the chief executive's repeated criticism of the network.
February 19, 2020
- Sen. Bong Go told the House of Representatives to act on the pending bills for ABS-CBN's franchise.
February 20, 2020
- ABS-CBN President and CEO Carlo Katigbak issued a videotaped message
- Speaker Cayetano said the House of Representatives may tackle bills on ABS-CBN's franchise in May or after Duterte's fifth State of the Nation Address in July
February 21, 2020
- Sen. Grace Poe invited Solicitor General Calida at the Senate public services committee's hearing on ABS-CBN's franchise set on Monday, Feb. 24.
- ABS-CBN employees, supporters, and celebrities showed up for a unity walk around the network's compound in Quezon City.
https://news.abs-cbn.com/news/02/23/20/timeline-abs-cbn-franchise-renewal
Here are key events in the network's bid to renew its license to operate:
March 30, 1995
- The franchise of ABS-CBN Broadcasting Corp. was approved through Republic Act No. 7966, with an expiration date of March 30, 2020.
June 11, 2016
- ABS-CBN said it had opted for an early renewal application in September 2014 and "went through the normal legislative process." But it later withdrew its application "due to time constraints."
April 27, 2017
- President Rodrigo Duterte, in a chance interview, said he would formally block the renewal of ABS-CBN's franchise after accusing the company of "swindling."
Duterte said the network failed to air his campaign ad before the 2016 polls and then failed to return the money.
December 3, 2019
- The President told ABS-CBN not to expect a franchise renewal, saying he would "see to it that you're out."
December 30, 2019
- Duterte, in a speech in Cotabato, told ABS-CBN management to just sell the company.
February 10, 2020
- The Office of the Solicitor General questioned the current franchise of ABS-CBN Corp and its subsidiary, ABS-CBN Convergence Inc., before the Supreme Court through a quo warranto petition.
- On the same day, ABS-CBN said the Solicitor General's allegations were "without merit."
- Several lawmakers hit the move of the government's top lawyer, saying it "usurped" on the exclusive power of Congress to review franchises.
- Buhay partylist Rep. Jose Atienza, Jr., in a privilege speech, asked House Committee on Legislative Franchises chair Rep. Franz Alvarez to act on bills seeking to renew ABS-CBN franchise or resign.
- Malacañang distanced Duterte from the Solicitor General's move, saying the chief executive's verbal attacks against ABS-CBN Corp. were unrelated to the quo warranto petition.
Duterte's threats vs ABS-CBN unrelated to SolGen quo warranto bid: Palace
February 11, 2020
- The Supreme Court gave ABS-CBN 10 days to answer the Solicitor General's petition.
- Senator Christoper "Bong" Go, a longtime aide of Duterte, said the latter has "nothing to do" with Calida's petition.
- House Speaker Alan Peter Cayetano vowed an impartial hearing on bills for ABS-CBN franchise renewal
- Although Congress has yet to tackle bills seeking to renew the network's franchise, ABS-CBN may continue to operate beyond the expiration of its license to operate, according to Isabela 1st District Rep. Antonio Albano, vice chairperson of the House Committee on Legislative Franchises.
ABS-CBN can operate beyond franchise expiry- House franchise panel vice chair
February 12, 2020
- ABS-CBN released a reaction to Albano's statement, expressing appreciation to "the commitment of Congress to go through the renewal process at the appropriate time."
- Senator Grace Poe filed a resolution "directing the Senate Committee on Public Services to look into, in aid of legislation, on the operations of ABS-CBN Corporation to determine compliance with the terms and conditions of its franchise under Republic Act No. 7966."
February 13, 2020
- ABS-CBN Chief Operating Officer for Broadcast Cory Vidanes released a statement thanking the network's supporters.
February 14, 2020
- Speaker Cayetano said ABS-CBN franchise bills are "not that urgent," adding that the company can continue to operate through 2022 pending the passage of the new franchise bills.
- ABS-CBN employees and supporters gathered at Sgt. Esguerra Avenue in Quezon City to call for the network's franchise renewal.
On Valentine's Day, hundreds rally for ABS-CBN amid franchise woes
- Senate Minority Leader Franklin Drilon filed Senate Joint Resolution No. 11, seeking the extension of ABS-CBN's current franchise until Dec. 31, 2022 amid the limited session days in Congress before the expiration of the company's license to operate.
February 18, 2020
- Solicitor General Jose Calida asked the Supreme Court to issue a gag order on ABS-CBN and "parties and persons acting on their behalf" relating to statements surrounding the quo warranto petition.
- The Supreme Court told ABS-CBN to comment on the Solicitor General's plea within 5 days.
- The Senate initially set its hearing on the ABS-CBN franchise issue on Feb. 27, and later moved it to Feb. 24.
- Salvador Panelo, the presidential spokesman, said Duterte "does not want" ABS-CBN Corp to shut down despite the chief executive's repeated criticism of the network.
February 19, 2020
- Sen. Bong Go told the House of Representatives to act on the pending bills for ABS-CBN's franchise.
February 20, 2020
- ABS-CBN President and CEO Carlo Katigbak issued a videotaped message
- Speaker Cayetano said the House of Representatives may tackle bills on ABS-CBN's franchise in May or after Duterte's fifth State of the Nation Address in July
February 21, 2020
- Sen. Grace Poe invited Solicitor General Calida at the Senate public services committee's hearing on ABS-CBN's franchise set on Monday, Feb. 24.
- ABS-CBN employees, supporters, and celebrities showed up for a unity walk around the network's compound in Quezon City.
https://news.abs-cbn.com/news/02/23/20/timeline-abs-cbn-franchise-renewal
Duterte won't monitor Senate hearing on ABS-CBN franchise
President Rodrigo Duterte has not shown any interest in monitoring the Senate’s hearing on the renewal of 25-year congressional franchise and supposed violations of embattled broadcast firm ABS-CBN Corp., Malacañang said on Sunday.
Presidential Spokesperson Salvador Panelo said Duterte is too busy to find time to listen to the Senate’s deliberations on the franchise renewal of ABS-CBN.
“Hindi interesado doon si Presidente. Madaming trabaho si Presidente. Too many work (The President is not interested in it. The President has too many tasks to attend to. He has too many work),” Panelo said in an interview with dzIQ.
The Senate public services committee is scheduled to hold its first hearing on ABS-CBN’s franchise on Monday.
The Senate hearing will be conducted ahead of the House of Representatives’ deliberations on at least 11 pending bills that seek to extend ABS-CBN’s franchise for another 25 years.
Panelo reiterated that the Palace will not interfere in the legislative functions of Congress.
“Ang Palasyo, hindi nakikialam sa bawat galaw ng Kongreso, Senado, at ibang mga represante. Wala kami doon (The Palace does not interfere in every action of Congress, the Senate, and other representatives. We do not interfere). It’s their turf. We will not intrude into them,” he said.
Senate public services committee chairperson Grace Poe earlier told ABS-CBN that Solicitor General (SolGen) Jose Calida, who is seeking the nullification of ABS-CBN’s franchise, has been asked to attend the hearing.
Poe said Calida’s participation will be “crucial,” considering the alleged violations he mentioned in a quo warranto petition he earlier lodged against ABS-CBN before the Supreme Court (SC).
Panelo said the Palace would let Calida act on his own with regard to the latter’s bid to cease the broadcast operations of ABS-CBN.
He also maintained that the executive branch is ready to heed SC’s possible ruling on ABS-CBN’s franchise.
“Hindi ba sinabi na namin ang posisyon namin diyan. Trabaho ng SolGen iyan. Hayaan mo siya. Gawin niya ang trabaho niya. Kung ano ang sabihin ng Korte Supreme, eh di susunod tayo (We already made a position. It’s the SolGen’s job. Let him be. Let him do his job. We will also follow the Supreme Court’s possible decision),” he said.
ABS-CBN’s legislative franchise expires on March 30, unless Congress and Duterte grant a fresh 25-year extension.
Last week, Calida asked SC to revoke ABS-CBN’s franchise due to its supposed violation of the 1987 Constitution when it allowed foreign ownership of the Philippine media entity.
Section 11(1), Article 16 of the 1987 Constitution states that only Filipino citizens of Philippine organizations are allowed to participate in the ownership and management of Philippine mass media.
On Tuesday, Calida also called on SC to stop parties from issuing statements on the pending quo warranto suit against ABS-CBN’s franchise.
https://www.pna.gov.ph/articles/1094601
Sandigan's Justice Cruz passes on, 64
Sandiganbayan Associate Justice Reynaldo Cruz died on Friday after losing a bout with pneumonia. He was 64.
Cruz was one of the last appointees of former President Benigno Aquino III.
He was a senior member of the Fourth Division of the anti-graft court at the time of his death.
Born on July 8, 1955, Cruz was supposed to serve in the judiciary until he retires on July 8, 2025.
Cruz was an undersecretary at the Office of the Executive Secretary in Malacañang before his appointment to the anti-graft court on Jan. 20, 2016.
https://manilastandard.net/news/national/317990/sandigan-s-justice-cruz-passes-on-64.html
Cruz was one of the last appointees of former President Benigno Aquino III.
He was a senior member of the Fourth Division of the anti-graft court at the time of his death.
Born on July 8, 1955, Cruz was supposed to serve in the judiciary until he retires on July 8, 2025.
Cruz was an undersecretary at the Office of the Executive Secretary in Malacañang before his appointment to the anti-graft court on Jan. 20, 2016.
https://manilastandard.net/news/national/317990/sandigan-s-justice-cruz-passes-on-64.html
Philippine judicial regions
#880015 - 136, 0, 21
#ED1C24 - 237, 28, 26
#FFC90E - 255, 201, 14
#B97A57 - 185, 122, 87
Seares: How much time do ABS-CBN, Congress, Supreme Court have?
AMONG the murky points in the current controversy over the renewal of the ABS-CBN franchise, the more troublesome and annoying is this: When does the franchise actually expire?
The initial widespread understanding is that the franchise, approved on March 30, 1995, will expire on March 30 this year. (A Cebu lawyer wondered if the expiry date shouldn’t be May 3, 2020, anniversary date of the effectivity of the law, instead of the date of its approval. That would be a bonus of 33 days or so. But that theory hasn’t taken off.)
Another interpretation has gained more traction because it came from congressional leaders Senate President Tito Sotto and House Speaker Allan Peter Cayetano.
Until end of 18th Congress
Sotto and Cayetano said the franchise will expire only until the end of 18th Congress since the 11 bills for the renewal have already been filed in the House, where private bills and franchise bills originate.
But what is the basis for the theory that ABS-CBN may still operate after this March?
Isabela Rep. Antonio Albano, vice chairman of the House panel on legislative franchises, cited “rule of thumb” and an unspecified briefing purportedly made to the committee. Sotto cited practice in other franchise cases. Sen. Bong Go weighed in with his idea that ABS-CBN can opt for a 45-day extension through a temporary permit from NTC.
No specific law
Here’s the thing: They don’t name a specific law supporting the theory of life beyond death of a franchise. They point to the authority of the NTC to grant an extension through a temporary permit.
But would the NTC, an agency under the office of the president, do that without a statutory order from Congress? Would the commission not be strict about this particular franchise which President Duterte repeatedly said he didn’t want renewed? NTC is likely to demand legal authority from Congress.
Or Sotto and Cayetano might say they were wrong or they could be blocked by lawsuit or they’d change their mind. They are presidential allies.
Suing for time
That may be the reason Sen. Franklin Drilon in the Senate and Cebu’s Rep. Raul del Mar in the House filed separate resolutions for the extension of ABS-CBN’s franchise until the end of the 18th Congress in 2022. The resolutions both seek to give ABS-CBN a fair hearing, without committing to approve or reject the renewal.
That would supply Congress more time to act on the pending franchise bills although it wouldn’t take the network out of the woods yet.
Here’s why. Congress may decide not to renew the franchise and it may do that even before its term ends. Or the Supreme Court (SC) may rule that ABS-CBN violations deserve the stripping of its franchise. And that also can happen even if the period of extension has not yet been consumed.
Uncertainties
If ABS-CBN’s franchise wouldn’t be extended by grace of NTC or authority of Congress, the SC petition would be rendered academic by the end of this March. Court watchers say the high court may not have to decide the case by simply not ruling on the quo warranto petition before Congress renders it moot by dumping the proposal.
There are uncertainties on which light will be shed only as the controversy unravels. What is clear is that the multifaceted dispute has raised side issues, including alleged malpractices of the network, which could bury the real intent of those who set off the machinery of regulation: to avenge a past personal and political offense.
https://www.sunstar.com.ph/article/1845576
The initial widespread understanding is that the franchise, approved on March 30, 1995, will expire on March 30 this year. (A Cebu lawyer wondered if the expiry date shouldn’t be May 3, 2020, anniversary date of the effectivity of the law, instead of the date of its approval. That would be a bonus of 33 days or so. But that theory hasn’t taken off.)
Another interpretation has gained more traction because it came from congressional leaders Senate President Tito Sotto and House Speaker Allan Peter Cayetano.
Until end of 18th Congress
Sotto and Cayetano said the franchise will expire only until the end of 18th Congress since the 11 bills for the renewal have already been filed in the House, where private bills and franchise bills originate.
But what is the basis for the theory that ABS-CBN may still operate after this March?
Isabela Rep. Antonio Albano, vice chairman of the House panel on legislative franchises, cited “rule of thumb” and an unspecified briefing purportedly made to the committee. Sotto cited practice in other franchise cases. Sen. Bong Go weighed in with his idea that ABS-CBN can opt for a 45-day extension through a temporary permit from NTC.
No specific law
Here’s the thing: They don’t name a specific law supporting the theory of life beyond death of a franchise. They point to the authority of the NTC to grant an extension through a temporary permit.
But would the NTC, an agency under the office of the president, do that without a statutory order from Congress? Would the commission not be strict about this particular franchise which President Duterte repeatedly said he didn’t want renewed? NTC is likely to demand legal authority from Congress.
Or Sotto and Cayetano might say they were wrong or they could be blocked by lawsuit or they’d change their mind. They are presidential allies.
Suing for time
That may be the reason Sen. Franklin Drilon in the Senate and Cebu’s Rep. Raul del Mar in the House filed separate resolutions for the extension of ABS-CBN’s franchise until the end of the 18th Congress in 2022. The resolutions both seek to give ABS-CBN a fair hearing, without committing to approve or reject the renewal.
That would supply Congress more time to act on the pending franchise bills although it wouldn’t take the network out of the woods yet.
Here’s why. Congress may decide not to renew the franchise and it may do that even before its term ends. Or the Supreme Court (SC) may rule that ABS-CBN violations deserve the stripping of its franchise. And that also can happen even if the period of extension has not yet been consumed.
Uncertainties
If ABS-CBN’s franchise wouldn’t be extended by grace of NTC or authority of Congress, the SC petition would be rendered academic by the end of this March. Court watchers say the high court may not have to decide the case by simply not ruling on the quo warranto petition before Congress renders it moot by dumping the proposal.
There are uncertainties on which light will be shed only as the controversy unravels. What is clear is that the multifaceted dispute has raised side issues, including alleged malpractices of the network, which could bury the real intent of those who set off the machinery of regulation: to avenge a past personal and political offense.
https://www.sunstar.com.ph/article/1845576
Leaders who lunch
The always lovely and hardworking Belo Medical Group CEO and founder Dr. Vicki Belo recently teamed up with the well-loved and determined Manila Mayor Isko Moreno for an inspiring afternoon of beauty and purpose.
During the event, held at Rizal Park Hotel in Manila, Mayor Isko talked to the media about Thermage FLX, Belo Beauty’s famed skin-tightening treatment that gives immediate results.
At the event, Vicki also announced that she would be donating a substantial amount to the victims of the Taal Volcano eruption.
Congratulations to Belo Medical Group for a successful event!
Johnny’s Angels
A beauteous group of ladies fondly named “JL’s Angels” went out for a fun-filled ladies’ night out at Chef Jessie at Rockwell Club in Makati City.
The gathering was graced by some of my lovely friends from the business and social sectors. It was the perfect way to celebrate the decade that is to come.
Until the next one, ladies!
Double Celebration. Happiness was doubled recently when friends celebrated a joint birthday lunch for Dolly Bohol and Mila Aguila (seated, third and fourth from left) at Circles Event Cafe at Makati Shangri-La Manila. Joining the afternoon fun were (seated, from left) Mila Querubin, Ester Dee and Linda Pastoral; (standing, from left) Mariter Macapagal, Norma Francia, STAR president and CEO Miguel Belmonte, Susan Figueras, Annie Salonga and Gilda Salonga.
TV Today
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Metro Channel
https://www.philstar.com/lifestyle/allure/2020/02/23/1995258/leaders-who-lunch
During the event, held at Rizal Park Hotel in Manila, Mayor Isko talked to the media about Thermage FLX, Belo Beauty’s famed skin-tightening treatment that gives immediate results.
At the event, Vicki also announced that she would be donating a substantial amount to the victims of the Taal Volcano eruption.
Congratulations to Belo Medical Group for a successful event!
Johnny’s Angels
A beauteous group of ladies fondly named “JL’s Angels” went out for a fun-filled ladies’ night out at Chef Jessie at Rockwell Club in Makati City.
The gathering was graced by some of my lovely friends from the business and social sectors. It was the perfect way to celebrate the decade that is to come.
Until the next one, ladies!
Double Celebration. Happiness was doubled recently when friends celebrated a joint birthday lunch for Dolly Bohol and Mila Aguila (seated, third and fourth from left) at Circles Event Cafe at Makati Shangri-La Manila. Joining the afternoon fun were (seated, from left) Mila Querubin, Ester Dee and Linda Pastoral; (standing, from left) Mariter Macapagal, Norma Francia, STAR president and CEO Miguel Belmonte, Susan Figueras, Annie Salonga and Gilda Salonga.
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https://www.philstar.com/lifestyle/allure/2020/02/23/1995258/leaders-who-lunch
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