COTABATO CITY – The highest policy-making body of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) has requested the Department of the Interior and Local Government to immediately turn over Cotabato City to the regional government under the supervision of the region’s Ministry of the Interior and Local Government (MILG-BARMM).
A resolution passed by the Bangsamoro Transition Authority (BTA) on February 24 pointed out that the turnover of Cotabato City is mandated under the provisions of Republic Act 11054 or the Bangsamoro Organic Law (BOL).
The resolution quoted paragraph D, Section 3 of Article XV of the BOL stating that “the city of Cotabato shall form part of the Bangsamoro Autonomous Region if the majority of the votes cast in the city shall be in favor of its inclusion.”
On Jan. 21, 2019, residents of Cotabato City affirmed its inclusion to the BARMM through a plebiscite with 36,682 “yes” votes over the 24,994 “no” votes.
Sitting as the national plebiscite board of canvassers, the Commission on Elections (Comelec) on January 25 last year certified the results of the plebiscite for the ratification and inclusion of Cotabato City in BARMM.
However, the local government headed by Mayor Cynthia Guiani-Sayadi has a pending case before the Comelec and the Supreme Court questioning the results of the plebiscite.
Last week, President Rodrigo Duterte met with Sayadi and BARMM interim chief Minister Murad Ebrahim to resolve the issue.
The President told Sayadi and Ebrahim he will decide on the matter in due time and that his decision will be for the good of both sides.
Lawyer Naguib Sinarimbo, MILG minister and concurrent BARMM spokesperson, said that since Cotabato City by virtue of the plebiscite has been constituted "as part and parcel of the BARMM, no executive action may detach it from the autonomous region."
“Under the law, the inclusion of Cotabato City is automatic and mandatory. No further action is needed and when people have spoken, it must be carried out,” Sinarimbo said in a statement.
Aside from Cotabato City, 63 villages in six towns of North Cotabato province have opted to join BARMM during the 2019 regional plebiscite. that joined the plebiscite.
https://www.pna.gov.ph/articles/1094961
Thursday, February 27, 2020
It’s up to lower house to tackle ABS-CBN’s franchise renewal, says President Duterte
President Rodrigo Roa Duterte on Wednesday said he will leave ABS-CBN’s impending franchise renewal to Congress adding he has accepted the media network’s apology.
“I have kept a healthy distance from… It’s now in — that they are deliberating in Congress, the Lower House and the Senate. And there’s a plan that they would pass a joint resolution something,” President Duterte said in an interview regarding ABS-CBN’s franchise renewal.
“But fundamentally, really, ang decision nasa House ngayon. Not so much of the Senate because the Constitution says all of these things must originate from the Lower House.”
He also vowed not to interfere with the work of Congress on the issue.
At the same time, the President said he can’t do much about the quo warranto petition filed by the Office of the Solicitor General at the Supreme Court.
“Ang problema kasi nitong sa SolGen, once he makes an official statement that there is a violation of law, then stopped na ako. Parang hindi na ako makagalaw,” the President said.
“I cannot tell him to stop. The SolGen can only announce that there is a violation of law and that he is going to investigate it. Well, hindi ko masabihan, ‘Do not do it. Stop it.’”
With regards to the P2.6 million that the ABS-CBN intends to return, the President advised the network to donate the money to any charitable institution of its choice.
The President also told reporters that he has asked agriculture officials to come up with a protocol to control the spread of African Swine Fever (ASF) in the country.
The prohibition of some local government units on the passage of meat cargoes in their jurisdiction might create confusion that’s why a guideline is necessary, according to the President.
Localities that are declared free of the disease must be certified so that they can ship their meat products, he added.
“Kasi ‘yung iba ayaw pa ipadaan eh. They do not allow the cargoes of the pork meat to pass the highways that traverse the local government units, magulo ‘yan,” he said.
“So kung may tatak na, ‘yung wala at meron pa ‘yung swine fever, eh ‘di huwag na muna.”
https://ptvnews.ph/its-up-to-lower-house-to-tackle-abs-cbns-franchise-renewal-says-president-duterte/
“I have kept a healthy distance from… It’s now in — that they are deliberating in Congress, the Lower House and the Senate. And there’s a plan that they would pass a joint resolution something,” President Duterte said in an interview regarding ABS-CBN’s franchise renewal.
“But fundamentally, really, ang decision nasa House ngayon. Not so much of the Senate because the Constitution says all of these things must originate from the Lower House.”
He also vowed not to interfere with the work of Congress on the issue.
At the same time, the President said he can’t do much about the quo warranto petition filed by the Office of the Solicitor General at the Supreme Court.
“Ang problema kasi nitong sa SolGen, once he makes an official statement that there is a violation of law, then stopped na ako. Parang hindi na ako makagalaw,” the President said.
“I cannot tell him to stop. The SolGen can only announce that there is a violation of law and that he is going to investigate it. Well, hindi ko masabihan, ‘Do not do it. Stop it.’”
With regards to the P2.6 million that the ABS-CBN intends to return, the President advised the network to donate the money to any charitable institution of its choice.
The President also told reporters that he has asked agriculture officials to come up with a protocol to control the spread of African Swine Fever (ASF) in the country.
The prohibition of some local government units on the passage of meat cargoes in their jurisdiction might create confusion that’s why a guideline is necessary, according to the President.
Localities that are declared free of the disease must be certified so that they can ship their meat products, he added.
“Kasi ‘yung iba ayaw pa ipadaan eh. They do not allow the cargoes of the pork meat to pass the highways that traverse the local government units, magulo ‘yan,” he said.
“So kung may tatak na, ‘yung wala at meron pa ‘yung swine fever, eh ‘di huwag na muna.”
https://ptvnews.ph/its-up-to-lower-house-to-tackle-abs-cbns-franchise-renewal-says-president-duterte/
House enjoins NTC to grant provisional authority to ABS-CBN
Folllowing the assurances made by House Speaker Alan Peter Cayetano that ABS-CBN Corporation will be able to continue their broadcast while Congress is deliberating on the renewal of its franchise, House Committee on Legislative Franchise Chair Franz Alvarez has sent a letter to the National Telecommunications Commission (NTC) Commissioner enjoining the agency to grant ABS-CBN a provisional authority to operate effective from May 4, 2020 until such time that the Congress has made a decision on its application.
The ABS-CBN franchise is set to expire on May 4, 2020, because RA 7966 stipulates that the franchise has become effective 15 days from the date of its publication, which was April 19,1995.
Cong. Alvarez and Speaker Cayetano informed the NTC that the House Committee on Legislative Franchises has started deliberating on ABS-CBN Corporation's application for the renewal of its franchise. They noted that the said Committee has instructed all interested parties to submit their position papers for or against ABS-CBN’s application within a period of sixty (60) days from Feb 24,2020.
The letter underscored that the House of Representatives has the exclusive original jurisdiction and authority to act on franchise applications.
Speaker Cayetano also reiterated his earlier stand that Congress will prioritize more urgent measures concerning the rehabilitation of Batangas, the prevention of the spread of the COVID-19 virus, the creation of the Departments of OFWs and Disaster Resilience, as well as several revenue measures being pushed by the Duterte administration that will help bring in millions of new jobs.
“As we have been saying from the start, since ABS-CBN will be allowed to continue its broadcast while we are hearing their renewal, there is no urgency that would justify a hasty proceeding. We want to be sure that this matter is given the importance it deserves,” says Cayetano.
In the same letter, the two House leaders enjoin the NTC to grant ABS-CBN Corporation’s subsidiaries and /or affiliates, whose franchise applications are pending deliberation with the House Committee on Legislative Franchises, the same provisional authority.
The said subsidiaries and/or affiliates are the following: 1) ABS-CBN Convergence, Inc., 2) Sky Cable Corporation, and 3) Amcara Broadcasting Network, Inc.
They urged NTC to include in the respective provisional authorities terms and conditions that the agency deems appropriate to protect public interest consistent with applicable laws, rules, and regulations.
http://www.congress.gov.ph/press/details.php?pressid=11830
The ABS-CBN franchise is set to expire on May 4, 2020, because RA 7966 stipulates that the franchise has become effective 15 days from the date of its publication, which was April 19,1995.
Cong. Alvarez and Speaker Cayetano informed the NTC that the House Committee on Legislative Franchises has started deliberating on ABS-CBN Corporation's application for the renewal of its franchise. They noted that the said Committee has instructed all interested parties to submit their position papers for or against ABS-CBN’s application within a period of sixty (60) days from Feb 24,2020.
The letter underscored that the House of Representatives has the exclusive original jurisdiction and authority to act on franchise applications.
Speaker Cayetano also reiterated his earlier stand that Congress will prioritize more urgent measures concerning the rehabilitation of Batangas, the prevention of the spread of the COVID-19 virus, the creation of the Departments of OFWs and Disaster Resilience, as well as several revenue measures being pushed by the Duterte administration that will help bring in millions of new jobs.
“As we have been saying from the start, since ABS-CBN will be allowed to continue its broadcast while we are hearing their renewal, there is no urgency that would justify a hasty proceeding. We want to be sure that this matter is given the importance it deserves,” says Cayetano.
In the same letter, the two House leaders enjoin the NTC to grant ABS-CBN Corporation’s subsidiaries and /or affiliates, whose franchise applications are pending deliberation with the House Committee on Legislative Franchises, the same provisional authority.
The said subsidiaries and/or affiliates are the following: 1) ABS-CBN Convergence, Inc., 2) Sky Cable Corporation, and 3) Amcara Broadcasting Network, Inc.
They urged NTC to include in the respective provisional authorities terms and conditions that the agency deems appropriate to protect public interest consistent with applicable laws, rules, and regulations.
http://www.congress.gov.ph/press/details.php?pressid=11830
Franchise resolutions not binding – Palace
Malacañang on Wednesday disputed the stand of lawmakers that ABS-CBN Corp. can continue to operate based on a provisional permit from the National Telecommunications Commission (NTC).
Palace spokesman Salvador Panelo maintained that a concurrent resolution from the Senate and the House of Representatives authorizing the NTC to extend ABS-CBN’s franchise cannot be binding as “it has to be a law.”
Panelo criticized lawmakers, particularly members of the House, for not acting on pending bills seeking to renew the franchise of ABS-CBN network.
“If they can pass a resolution, I cannot understand why they cannot pass a law on either the renewal or grant of a franchise, whether with respect to ABS-CBN or other pending applicants, because the vote needed for a resolution is a majority vote. The vote needed for passing a law is also a majority vote,” Panelo told reporters.
“A resolution cannot be binding. It has to be a law,” the Palace official added.
Panelo, who also serves as President Rodrigo Duterte’s top legal counsel, noted that former chief justice Reynato Puno has shared his opinion that “a resolution cannot be as binding and effective as law.”
“There has been a Supreme Court ruling many years ago that a resolution cannot be as binding and effective as a law so they really need to do their work. They should be accountable to the people. They are supposed to represent their districts so they will have to account to their constituents why they haven’t done anything on this particular subject matter,” he said.
Sen. Mary Grace Poe, who led a hearing on ABS-CBN’s compliance with its franchise, said that an extension of the franchise by the NTC, by authority of the concurrent resolution, was a “cure” should lawmakers lack time to tackle a franchise bill.
“This act of Congress requesting the NTC to extend the franchise is also by authority of Congress that’s why the proposal of having either a joint resolution or concurred resolution could cure it,” she added.
On Wednesday, House Committee on Legislative Franchise Chairman Franz Alvarez formally asked the NTC to grant a provisional authority to the network.
In a letter addressed to NTC Commissioner Gamaliel Cordoba, the lawmaker said the House
panel had started deliberations on the ABS-CBN franchise. The letter was concurred in by House Speaker Alan Peter Cayetano.
“As the House of Representatives has the exclusive original jurisdiction and authority to act on franchise applications, we enjoin you to grant ABS-CBN Corporation a provisional authority to operate effective May 4, 2020 until such time that the House of Representatives/Congress has made a decision on its application,” the letter read.
“We likewise enjoin you to grant ABS-CBN Corporation’s subsidiaries and / or affiliates, whose applications are pending deliberation with the Committee on Legislative Franchises, the same provisional Authoirty. The said subsidiaries and/or affiliates are the following: 1) ABS-CBN Convergence, Inc, 2) Sky Cable Corporation, and 3) Amcara Broadcasting Network, Inc.,” it added.
Also on Wednesday, Senate Minority Leader Franklin Drilon denied the insinuation of Sen. Christopher Lawrence “Bong” Go that there was politics behind his move seeking the extension of the network’s franchise.
The senator on Wednesday filed concurrent Resolution 6 expressing the sense of Congress that ABS-CBN should continue to operate pending final determination of the renewal of its franchise by the 18th Congress.
Concurrent Resolution 6 also aims to encourage the NTC to issue ABS-CBN provisional authority to operate.
Drilon noted that the 25-year franchise of ABS-CBN, granted under Republic Act 7966, would expire on May 4, 2020.
“I regret the statement of Sen. Bong Go. Being a neophyte senator, he may not be aware of our tradition and our rules,” Drilon said in a chance interview. “Precisely a concurrent resolution does not go through the President because it has no force and effect of a law,” he said.
“It is just a sense of the Senate. There is no politics here. We are not depriving the President of the right to veto or approve,” he added. “The right to veto or approve is in the joint resolution (SJR 11) that we filed, which has the force and effect of a law and which is also filed in the House of Representatives (HoR),” he said.
Cagayan de Oro City Rep. Rufus Rodriguez, an author of one of the 11 bills, filed House Joint Resolution (HJR) 29 on Wednesday that seeks to extend the network’s franchise for one year or until May 4, 2021.
This was separate from HJR 28 filed by Rep. Raul Del Mar last week, which seeks to extend the network’s franchise up to June 30, 2022 or the end of the 18th Congress.
Albay Rep. Edcel Lagman, however, agreed with Puno’s position that ABS-CBN cannot operate without a renewed franchise.
“Since the prevailing rule is no franchise, no operation, inveigling ABS-CBN to continue operation with an expired franchise is pushing it to a legal limbo fraught with possible lawsuits as such continued operation is against jurisprudence,” Lagman said. WITH DIVINA NOVA JOY DELA CRUZ
https://www.manilatimes.net/2020/02/27/news/headlines/franchise-resolutions-not-binding-palace/696869/
Palace spokesman Salvador Panelo maintained that a concurrent resolution from the Senate and the House of Representatives authorizing the NTC to extend ABS-CBN’s franchise cannot be binding as “it has to be a law.”
Panelo criticized lawmakers, particularly members of the House, for not acting on pending bills seeking to renew the franchise of ABS-CBN network.
“If they can pass a resolution, I cannot understand why they cannot pass a law on either the renewal or grant of a franchise, whether with respect to ABS-CBN or other pending applicants, because the vote needed for a resolution is a majority vote. The vote needed for passing a law is also a majority vote,” Panelo told reporters.
“A resolution cannot be binding. It has to be a law,” the Palace official added.
Panelo, who also serves as President Rodrigo Duterte’s top legal counsel, noted that former chief justice Reynato Puno has shared his opinion that “a resolution cannot be as binding and effective as law.”
“There has been a Supreme Court ruling many years ago that a resolution cannot be as binding and effective as a law so they really need to do their work. They should be accountable to the people. They are supposed to represent their districts so they will have to account to their constituents why they haven’t done anything on this particular subject matter,” he said.
Sen. Mary Grace Poe, who led a hearing on ABS-CBN’s compliance with its franchise, said that an extension of the franchise by the NTC, by authority of the concurrent resolution, was a “cure” should lawmakers lack time to tackle a franchise bill.
“This act of Congress requesting the NTC to extend the franchise is also by authority of Congress that’s why the proposal of having either a joint resolution or concurred resolution could cure it,” she added.
On Wednesday, House Committee on Legislative Franchise Chairman Franz Alvarez formally asked the NTC to grant a provisional authority to the network.
In a letter addressed to NTC Commissioner Gamaliel Cordoba, the lawmaker said the House
panel had started deliberations on the ABS-CBN franchise. The letter was concurred in by House Speaker Alan Peter Cayetano.
“As the House of Representatives has the exclusive original jurisdiction and authority to act on franchise applications, we enjoin you to grant ABS-CBN Corporation a provisional authority to operate effective May 4, 2020 until such time that the House of Representatives/Congress has made a decision on its application,” the letter read.
“We likewise enjoin you to grant ABS-CBN Corporation’s subsidiaries and / or affiliates, whose applications are pending deliberation with the Committee on Legislative Franchises, the same provisional Authoirty. The said subsidiaries and/or affiliates are the following: 1) ABS-CBN Convergence, Inc, 2) Sky Cable Corporation, and 3) Amcara Broadcasting Network, Inc.,” it added.
Also on Wednesday, Senate Minority Leader Franklin Drilon denied the insinuation of Sen. Christopher Lawrence “Bong” Go that there was politics behind his move seeking the extension of the network’s franchise.
The senator on Wednesday filed concurrent Resolution 6 expressing the sense of Congress that ABS-CBN should continue to operate pending final determination of the renewal of its franchise by the 18th Congress.
Concurrent Resolution 6 also aims to encourage the NTC to issue ABS-CBN provisional authority to operate.
Drilon noted that the 25-year franchise of ABS-CBN, granted under Republic Act 7966, would expire on May 4, 2020.
“I regret the statement of Sen. Bong Go. Being a neophyte senator, he may not be aware of our tradition and our rules,” Drilon said in a chance interview. “Precisely a concurrent resolution does not go through the President because it has no force and effect of a law,” he said.
“It is just a sense of the Senate. There is no politics here. We are not depriving the President of the right to veto or approve,” he added. “The right to veto or approve is in the joint resolution (SJR 11) that we filed, which has the force and effect of a law and which is also filed in the House of Representatives (HoR),” he said.
Cagayan de Oro City Rep. Rufus Rodriguez, an author of one of the 11 bills, filed House Joint Resolution (HJR) 29 on Wednesday that seeks to extend the network’s franchise for one year or until May 4, 2021.
This was separate from HJR 28 filed by Rep. Raul Del Mar last week, which seeks to extend the network’s franchise up to June 30, 2022 or the end of the 18th Congress.
Albay Rep. Edcel Lagman, however, agreed with Puno’s position that ABS-CBN cannot operate without a renewed franchise.
“Since the prevailing rule is no franchise, no operation, inveigling ABS-CBN to continue operation with an expired franchise is pushing it to a legal limbo fraught with possible lawsuits as such continued operation is against jurisprudence,” Lagman said. WITH DIVINA NOVA JOY DELA CRUZ
https://www.manilatimes.net/2020/02/27/news/headlines/franchise-resolutions-not-binding-palace/696869/
Lawmaker files resolution seeking to extend ABS-CBN franchise until May 2021
A lawmaker has filed a resolution that extends the expiring ABS-CBN franchise by a year, after the Senate hearing on the broadcast giant stated that the quo warranto filed against it by Solicitor General Jose Calida had no basis.
Under House Joint Resolution 29, ABS-CBN's franchise will extend until May 4, 2021, as it will expire on May 4 of this year.
Cagayan de Oro Rep. Rufus Rodriguez said Wednesday it covers only a year-long extension since he doesn't want Congress to "dilly-dally" on the franchise renewal of ABS-CBN.
“Let us have this maximum. We'll have 1 year so we can also have some urgency on this," Rodriguez told reporters.
The resolution cites, among others, that ABS-CBN passed the scrutiny of all state regulators, namely the Department of Justice (DOJ), the Bureau of Internal Revenue (BIR), the Department of Labor and Employment (DOLE), and the Securities and Exchange Commission (SEC).
“That Senate hearing, it was very good because you know it clearly showed Calida’s quo warranto had no basis in law," Rodriguez said.
Calida’s petition alleged, among others, that ABS-CBN violated the constitutional ban on foreign ownership in mass media by issuing Philippine Depository Receipts to foreigners, through its holding company.
Company executives, in response, told senators that the issuance of the financial instruments complied with the law.
Rodriguez said ABS-CBN’s franchise must also be extended because of the rule of equity, or substantial justice.
”By reason of the law of equity, it can go on, and past experiences also show that other franchises are allowed to go on because of equity," the lawmaker said.
Earlier, Justice Secretary Menardo Guevarra said ABS-CBN can still operate under "equity considerations" should its bid for a fresh 25-year franchise fail in Congress.
"May gap 'yong batas. Kaya we draw from equity considerations para fair. Para may substantial justice. Para walang agrabyado. As I've said, hindi naman kasalanan no'ng company na hindi pa naaaprubahan ng Kongreso 'yong kaniyang application," he said.
ABS-CBN can operate under 'equity considerations' if franchise lapses - DOJ
(There's a gap in the law. That's why we draw from equity considerations to be fair. So there will be substantial justice. So no one is put at a disadvantage. As I've said, it's not the company's fault that Congress has not approved its application.)
But Albay Rep. Edcel Lagman, who has been pushing for the renewal hearing at the House of Representatives, said the law of equity may not apply on the issue.
“The rule of equity does not apply when the law is clear. In the case of the ABS-CBN franchise, the law is clear. The law says that no one can engage in telecommunication enterprise without first acquiring a franchise and the act granting franchise ABS-CBN says it is good only up to 25 years from its effectivity,” Lagman said.
“When the law is clear, they apply the law.”
https://news.abs-cbn.com/news/02/26/20/lawmaker-files-resolution-seeking-to-extend-abs-cbn-franchise-until-may-2021
Under House Joint Resolution 29, ABS-CBN's franchise will extend until May 4, 2021, as it will expire on May 4 of this year.
Cagayan de Oro Rep. Rufus Rodriguez said Wednesday it covers only a year-long extension since he doesn't want Congress to "dilly-dally" on the franchise renewal of ABS-CBN.
“Let us have this maximum. We'll have 1 year so we can also have some urgency on this," Rodriguez told reporters.
The resolution cites, among others, that ABS-CBN passed the scrutiny of all state regulators, namely the Department of Justice (DOJ), the Bureau of Internal Revenue (BIR), the Department of Labor and Employment (DOLE), and the Securities and Exchange Commission (SEC).
“That Senate hearing, it was very good because you know it clearly showed Calida’s quo warranto had no basis in law," Rodriguez said.
Calida’s petition alleged, among others, that ABS-CBN violated the constitutional ban on foreign ownership in mass media by issuing Philippine Depository Receipts to foreigners, through its holding company.
Company executives, in response, told senators that the issuance of the financial instruments complied with the law.
Rodriguez said ABS-CBN’s franchise must also be extended because of the rule of equity, or substantial justice.
”By reason of the law of equity, it can go on, and past experiences also show that other franchises are allowed to go on because of equity," the lawmaker said.
Earlier, Justice Secretary Menardo Guevarra said ABS-CBN can still operate under "equity considerations" should its bid for a fresh 25-year franchise fail in Congress.
"May gap 'yong batas. Kaya we draw from equity considerations para fair. Para may substantial justice. Para walang agrabyado. As I've said, hindi naman kasalanan no'ng company na hindi pa naaaprubahan ng Kongreso 'yong kaniyang application," he said.
ABS-CBN can operate under 'equity considerations' if franchise lapses - DOJ
(There's a gap in the law. That's why we draw from equity considerations to be fair. So there will be substantial justice. So no one is put at a disadvantage. As I've said, it's not the company's fault that Congress has not approved its application.)
But Albay Rep. Edcel Lagman, who has been pushing for the renewal hearing at the House of Representatives, said the law of equity may not apply on the issue.
“The rule of equity does not apply when the law is clear. In the case of the ABS-CBN franchise, the law is clear. The law says that no one can engage in telecommunication enterprise without first acquiring a franchise and the act granting franchise ABS-CBN says it is good only up to 25 years from its effectivity,” Lagman said.
“When the law is clear, they apply the law.”
https://news.abs-cbn.com/news/02/26/20/lawmaker-files-resolution-seeking-to-extend-abs-cbn-franchise-until-may-2021