The Justice department said Friday there was not enough basis to allow ABS-CBN to continue operating while the bills for the renewal of its franchise were pending in Congress.
In a six-page letter to National Telecommunications Commission, Justice Secretary Menardo Guevarra said it would be better if Congress authorized the NTC to issue a provisional authority.
In related developments:
• A retired Supreme Court justice said Thursday that, without a franchise, ABS-CBN would have to cease operations after May 4, contrary to the informal opinion of Justice Secretary Menardo Guevarra that a provisional permit would be enough for the media giant continue operating.
“An expired franchise can’t be extended by a mere Joint Resolution by both houses. There should be a law granting a new franchise,” retired justice Angelina Sandoval-Gutierrez told Rappler in a message on Thursday.
• Speaker Alan Peter Cayetano on Thursday pooh-poohed the joint resolutions filed by his colleagues backing the renewal of ABS-CBN’s franchise.
Cayetano said the resolutions filed by Representatives Raul del Mar and Rufus Rodriguez in the House would create more issues and problems than provide a solution.
• The Palace on Thursday said there was no need for ABS-CBN to coordinate with the office of President Rodrigo Duterte in relation to the P2.6 million that would be donated by the network to a charitable institution, an amount from the Chief Executive’s unaired political ads that he refused to accept.
Duterte had already given ABS-CBN a free hand to choose the recipient of the P2.6 million, Presidential Spokesman Salvador Panelo said.
“There is no need for guidance. The President gave them blanket authority. Just donate it to your favorite charitable organization,” Panelo told reporters.
• The labor group Defend Jobs Philippines said Thursday the Senate and House resolutions on ABS-CBN’s franchise extension were good, but passing a new legislative franchise law would be best for Kapamilya workers.
According to Guevarra, it would be within the bounds of the basic principle of “fairness and justice” if Congress continued with its practice and allow broadcast entities to continue with their operations even after their franchises had expired, for as long as their applications for the renewal of their franchises had been filed before Congress.
However, Guevarra clarified that the letter to the NTC was a mere “guidance” to the NTC in dealing with the matter of ABS-CBN’s franchise.
Guevarra said if Congress allowed the media network to operate after its franchise lapsed, that would not be the first time it would do so.
This practice of Congress had benefited other entities such as the Philippine Telegraph and Telephone Corp., Smart Communications Inc. and the Catholic Bishops’ Conference of the Philippines.
“This practice of Congress is not merely a matter of procedure as it significantly affects substantial rights. For such reason, it is imperative that the same treatment be extended to all entities seeking the renewal of their franchises that are about to expire. Otherwise, it run afoul of the basic principles of fairness and justice,” Guevarra said.
“It would likewise undermine the trust and the reasonable expectation of the citizens that the state shall govern impartially and will not draw distinction that are irrelevant to a legitimate objective.”
Guevarra also said there was a gap in the law. The existing laws on franchises do not provide for the status of the operations of a radio and/or television franchise when Congress has not finally acted on a pending bill for its renewal.
“There is nothing in our existing laws that declare that the franchisee can continue to operate pending the renewal of its franchise; neither is there anything in these laws which prohibit the franchisee from operating until Congress acts on the bill for the renewal of the franchise.
“There is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their respective franchise remain pending with Congress.”
The House of Representatives’ Committee on Legislative Franchise has formally asked the NTC to issue a provisional authority to ABS-CBN to operate from May 4 until Congress has made a decision on its application. With Rappler, Maricel V. Cruz, MJ Blancaflor and Willie Casas
https://manilastandard.net/news/top-stories/318413/abs-cbn-off-air-franchise-pending-doj.html
Friday, February 28, 2020
Handaan sa Conrad
The handaan will close to more than 20,000 people at the Grand Ballroom of Conrad Manila!
Food provided by the tenants of SM Mall of Asia!
Featuring:
Religious Nuns and Sisters
SM Security Guards
SM Employees
With performers:
RJ Jacinto and Friends
Hotlegs Dance Company
Mass officiated by:
Bishop Teodoro Bacani - Overall Spiritual Director of El Shaddai DWXI Prayer Partners Fellowship International
Rev. Fr. Anton Pascual - President and Station Manager of Veritas 846 Ang Radyo ng Simbahan
Network can operate even with expired franchise – DoJ
ABS-CBN Corp. can operate even if its franchise has expired, according to Department of Justice Secretary Menardo Guevarra.
In a guidance letter to National Telecommunications Commission (NTC) Commissioner Gamaliel Cordoba, Guevarra said there were cases in the past when an entity continued to operate despite the expiration of its congressional franchise.
Guevarra made it clear, however, that while the power to grant franchises rests on Congress, the media giant was still subject to the regulation of administrative agencies such as the NTC.
Since ABS-CBN was granted a previous franchise by Congress, it could be considered a qualified applicant and could be given provisional authority to operate pending the renewal of its application, he said.
The issue of whether the network has to shut down after its franchise ends in May is being hotly debated in the Senate and House of Representatives.
It began after Solicitor General Jose Calida petitioned the Supreme Court to revoke ABS-CBN’s franchise because of violations of ownership provisos.
But Guevarra said “there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their respective franchises remain pending with Congress.”
He added, however, that “a more stable legal environment” could be created if Congress issues a concurrent resolution authorizing the NTC to issue a provisional authority to ABS-CBN and its affiliate companies until Congress tackles the pending bills on the franchise’s renewal.
In its consolidated reply to the Supreme Court on the quo warranto petition, Calida refuted ABS-CBN’s claim that the government was muzzling press freedom by calling for the revocation of its franchise.
He also defended the petition for a gag order on ABS-CBN, saying it did not constitute “a restraint on freedom of expression.”
Calida said the network must remember that while the freedoms of the press and expression are guaranteed by the Constitution, they were not an absolute right.
“The exercise of such right is not absolute for it may be so regulated that it shall not be injurious to the equal enjoyment of others having equal rights, not injurious to the right of the community or society,” he added.
The Constitution itself “also imposes certain limits on the freedom of speech and of the press. One of such limitation is found in Article XVI of the Constitution, which prohibits foreign media ownership,” the solicitor general said.
“The revocation of respondent ABS-CBN’s franchise does not constitute a restraint on freedom of expression or of the press because the primordial effect of such revocation is the upholding of the constitutional provision and laws governing media companies like respondent ABS-CBN,” he added.
He also denied that the gag order impairs the right to information.
“The respondents’ contention is overly sweeping, if not an altogether exaggeration. The Republic’s motion for issuance of a gag order does not seek to prohibit the dissemination of information to the public. It only seeks to restrict comments and disclosures pertaining to the pending judicial proceedings to avoid prejudging the issue, influencing the court or obstructing the administration of justice,” he said.
Calida appealed to the court to begin oral arguments to tackle the merits of the case.
https://www.manilatimes.net/2020/02/28/news/national/network-can-operate-even-with-expired-franchise-doj/697614/
In a guidance letter to National Telecommunications Commission (NTC) Commissioner Gamaliel Cordoba, Guevarra said there were cases in the past when an entity continued to operate despite the expiration of its congressional franchise.
Guevarra made it clear, however, that while the power to grant franchises rests on Congress, the media giant was still subject to the regulation of administrative agencies such as the NTC.
Since ABS-CBN was granted a previous franchise by Congress, it could be considered a qualified applicant and could be given provisional authority to operate pending the renewal of its application, he said.
The issue of whether the network has to shut down after its franchise ends in May is being hotly debated in the Senate and House of Representatives.
It began after Solicitor General Jose Calida petitioned the Supreme Court to revoke ABS-CBN’s franchise because of violations of ownership provisos.
But Guevarra said “there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their respective franchises remain pending with Congress.”
He added, however, that “a more stable legal environment” could be created if Congress issues a concurrent resolution authorizing the NTC to issue a provisional authority to ABS-CBN and its affiliate companies until Congress tackles the pending bills on the franchise’s renewal.
In its consolidated reply to the Supreme Court on the quo warranto petition, Calida refuted ABS-CBN’s claim that the government was muzzling press freedom by calling for the revocation of its franchise.
He also defended the petition for a gag order on ABS-CBN, saying it did not constitute “a restraint on freedom of expression.”
Calida said the network must remember that while the freedoms of the press and expression are guaranteed by the Constitution, they were not an absolute right.
“The exercise of such right is not absolute for it may be so regulated that it shall not be injurious to the equal enjoyment of others having equal rights, not injurious to the right of the community or society,” he added.
The Constitution itself “also imposes certain limits on the freedom of speech and of the press. One of such limitation is found in Article XVI of the Constitution, which prohibits foreign media ownership,” the solicitor general said.
“The revocation of respondent ABS-CBN’s franchise does not constitute a restraint on freedom of expression or of the press because the primordial effect of such revocation is the upholding of the constitutional provision and laws governing media companies like respondent ABS-CBN,” he added.
He also denied that the gag order impairs the right to information.
“The respondents’ contention is overly sweeping, if not an altogether exaggeration. The Republic’s motion for issuance of a gag order does not seek to prohibit the dissemination of information to the public. It only seeks to restrict comments and disclosures pertaining to the pending judicial proceedings to avoid prejudging the issue, influencing the court or obstructing the administration of justice,” he said.
Calida appealed to the court to begin oral arguments to tackle the merits of the case.
https://www.manilatimes.net/2020/02/28/news/national/network-can-operate-even-with-expired-franchise-doj/697614/
Sara backs ABS-CBN franchise renewal
Davao City Mayor Sara Duterte-Carpio on Thursday supported the renewal of the franchise of media giant ABS-CBN Corp., saying her father, President Rodrigo Duterte, was also concerned about the fate of its employees.
Duterte-Carpio made the statement a day after the President accepted the network’s apology over the airing of an advertisement maligning him during the 2016 presidential campaign.
“Davao City fully supports ABS-CBN sa kanilang pagpapa-renew ng kanilang franchise (in the renewal of its franchise). Of course, malaki din ang suporta ng ABS-CBN sa Davao City at sa buong bansa (ABS-CBN has fully supported Davao City and the entire nation).
Hopefully, ma-resolve in a very positive way ang issue ng franchise (the franchise issue will be resolved in a very positive way),” she said in an interview in Sulu.
“Alam niyo, si President Duterte, maawain ‘yan na tao. So, iniisip din niya ‘yung trabaho ng maraming employees [of] ABS-CBN (You know, President Duterte is a compassionate person. He is thinking of the jobs of ABS-CBN’s many employees),” the mayor added.
During a Senate hearing on Monday, ABS-CBN President and Chief Executive Officer Carlo Lopez Katigbak formally apologized to the President for offending him after the network aired a commercial paid for by former senator Antonio Trillanes 4th.
“We were sorry if we offended the President. That was not the intention of the network. We felt that we were just abiding by the laws and regulations that surround the airing of political ads,” Katigbak said.
Duterte accepted the apology on Wednesday and told the network giant to donate the P2.6-million refund for the commercial to a charity.
He said as a human being, he could forgive ABS-CBN but that he leaves the fate of the network’s franchise to Congress.
“Forget about all these hullabaloo. The critical move is in the House and I tell you I am not going to interfere. Wala talaga ako (I won’t),” he added.
The renewal of ABS-CBN’s franchise was in the spotlight earlier this month after Solicitor General Jose Calida filed a quo warranto petition before the Supreme Court highlighting what he said were “highly abusive” practices by the network — including foreign ownership and operational issues — allegations that the television network itself had refuted.
Some lawmakers allayed concerns over ABS-CBN’s looming shutdown, saying the media company could still broadcast news and content as there were pending renewal measures in Congress.
There are 11 measures pending at the House on the franchise renewal, and deliberations on the issue started Monday.
ABS-CBN has raised concerns that its over 11,000 Filipino employees could be laid off if it is not issued a new franchise.
In a statement released Wednesday night, the network said: “The closure of ABS-CBN will put all 11,071 jobs within the ABS-CBN group at risk. Of this number, 5,918 people worked directly for ABS-CBN as of December 2019, comprising of 2,661 regular employees, 2,096 project-based seasonal workers, 1,069 independent contractors and on-camera talents, and 92 project employees.”
ABS-CBN noted that the number does not include employees hired through third-party agencies, such as security guards, cleaners and utility men.
The company clarified the number of employees after a letter of the Bureau of Internal Revenue to the Office of the Solicitor General stated that ABS-CBN Corp. and ABS-CBN Convergence Inc. only have a total of 4,401 employees.
Shares in ABS-CBN went up by 2.17 percent or 50 centavos to close at P23.50 apiece on Thursday. WITH LISBET K. ESMAEL
https://www.manilatimes.net/2020/02/28/news/headlines/sara-backs-abs-cbn-franchise-renewal/697618/
Duterte-Carpio made the statement a day after the President accepted the network’s apology over the airing of an advertisement maligning him during the 2016 presidential campaign.
“Davao City fully supports ABS-CBN sa kanilang pagpapa-renew ng kanilang franchise (in the renewal of its franchise). Of course, malaki din ang suporta ng ABS-CBN sa Davao City at sa buong bansa (ABS-CBN has fully supported Davao City and the entire nation).
Hopefully, ma-resolve in a very positive way ang issue ng franchise (the franchise issue will be resolved in a very positive way),” she said in an interview in Sulu.
“Alam niyo, si President Duterte, maawain ‘yan na tao. So, iniisip din niya ‘yung trabaho ng maraming employees [of] ABS-CBN (You know, President Duterte is a compassionate person. He is thinking of the jobs of ABS-CBN’s many employees),” the mayor added.
During a Senate hearing on Monday, ABS-CBN President and Chief Executive Officer Carlo Lopez Katigbak formally apologized to the President for offending him after the network aired a commercial paid for by former senator Antonio Trillanes 4th.
“We were sorry if we offended the President. That was not the intention of the network. We felt that we were just abiding by the laws and regulations that surround the airing of political ads,” Katigbak said.
Duterte accepted the apology on Wednesday and told the network giant to donate the P2.6-million refund for the commercial to a charity.
He said as a human being, he could forgive ABS-CBN but that he leaves the fate of the network’s franchise to Congress.
“Forget about all these hullabaloo. The critical move is in the House and I tell you I am not going to interfere. Wala talaga ako (I won’t),” he added.
The renewal of ABS-CBN’s franchise was in the spotlight earlier this month after Solicitor General Jose Calida filed a quo warranto petition before the Supreme Court highlighting what he said were “highly abusive” practices by the network — including foreign ownership and operational issues — allegations that the television network itself had refuted.
Some lawmakers allayed concerns over ABS-CBN’s looming shutdown, saying the media company could still broadcast news and content as there were pending renewal measures in Congress.
There are 11 measures pending at the House on the franchise renewal, and deliberations on the issue started Monday.
ABS-CBN has raised concerns that its over 11,000 Filipino employees could be laid off if it is not issued a new franchise.
In a statement released Wednesday night, the network said: “The closure of ABS-CBN will put all 11,071 jobs within the ABS-CBN group at risk. Of this number, 5,918 people worked directly for ABS-CBN as of December 2019, comprising of 2,661 regular employees, 2,096 project-based seasonal workers, 1,069 independent contractors and on-camera talents, and 92 project employees.”
ABS-CBN noted that the number does not include employees hired through third-party agencies, such as security guards, cleaners and utility men.
The company clarified the number of employees after a letter of the Bureau of Internal Revenue to the Office of the Solicitor General stated that ABS-CBN Corp. and ABS-CBN Convergence Inc. only have a total of 4,401 employees.
Shares in ABS-CBN went up by 2.17 percent or 50 centavos to close at P23.50 apiece on Thursday. WITH LISBET K. ESMAEL
https://www.manilatimes.net/2020/02/28/news/headlines/sara-backs-abs-cbn-franchise-renewal/697618/