Binalaan ng Office of the Solicitor General (OSG) ang National Telecommunications Commission (NTC) laban sa pagbibigay ng provisional authority para makapag-operate ang ABS-CBN Corporation at ABS-CBN Convergence Incorporated kapag napaso na ang prangkisa nito.
Mapapaso sa Mayo 4 ang prangkisa ng ABS-CBN.
Giit ni Solicitor General Jose Calida, tanging ang Kongreso lang ang may kapangyarihan sa ilalim ng Saligang Batas na magbigay ng prangkisa sa isang broadcast network.
"The Constitution gives Congress the exclusive power to grant franchises to public utilities, such as broadcasting companies, in order to operate in the country. Although this legislative power may be delegated to administrative agencies through a law, at present, there is no such law giving the NTC or any other agency the power to grant franchises to broadcasting entities," ani Calida.
Taliwas ito sa kagustuhan ng Kamara at Senado, na nagsabing maaaring bigyan ng NTC ng provisional authority ang ABS-CBN habang wala pang naipapasang batas para sa bagong prangkisa ng network.
Mismong sina House Speaker Alan Peter Cayetano at Palawan Rep. Franz Alvarez, chair ng House Committee on Legislative Franchises, ang sumulat sa NTC na itinutulak ang pag-isyu ng provisional authority para sa ABS-CBN epektibo Mayo 4.
Ang Senado naman, nagpasa ng resolusyon na nagsasabing gusto nitong maglabas ang NTC ng perehong awtorisasyon.
Pero babala ni Calida, mahaharap sa kaso sa ilalim ng Anti-Graft and Corrupt Practices Act ang mga NTC commissioner na maglalabas ng provisional authority.
Wala pang pahayag NTC tungkol sa pahayag ni Calida.
Nito lamang Linggo, sinabi ng Palasyo na sinusuportahan nila ang malayang pamamahayag, lalo sa gitna ng krisis na kinahaharap ng bansa dahil sa COVID-19 pandemic.
"Without an open and free press, there will be an intellectual vacuum on public information and government programs and services, and there will be no dialogue on societal issues, public grievances, and government policies," ani Palace communications Secretary Martin Andanar.
"As media workers continue reporting in the frontlines, we pray for everyone’s safety as we laud all those in front of and behind the scenes in bringing truthful information to the homes of every Filipino family," sabi naman ni Presidential Spokesperson Harry Roque.
https://news.abs-cbn.com/news/05/03/20/calida-nagbabala-sa-ntc-sakaling-mag-isyu-ng-provisional-authority-sa-abs-cbn
Sunday, May 3, 2020
Calida warns NTC against issuing provisional authority to ABS-CBN, affiliates
Calida himself contradicts DOJ opinion, threatens NTC commissioners of prosecution
MANILA – (UPDATE) The Office of the Solicitor General on Sunday warned the National Telecommunications Commission (NTC) against issuing provisional authorities to ABS-CBN Corp. and its affiliate, ABS-CBN Convergence, Inc., in the absence of a franchise from Congress.
Tomorrow, May 4, is the last day of ABS-CBN Corp.’s franchise while ABS-CBN Convergence’s franchise ended on March 17. The OSG’s move to prevent ABS-CBN from continuing its broadcast coincided with the celebration of World Press Freedom Day.
In a statement, Solicitor General Jose Calida said that “the Constitution gives Congress the exclusive power to grant franchises to public utilities, such as broadcasting companies, in order to operate in the country. Although this legislative power may be delegated to administrative agencies through a law, at present, there is no such law giving the NTC or any other agency the power to grant franchises to broadcasting entities.”
Efforts to renew ABS-CBN and Convergence’s franchise have stalled as Congress sought to hold hearings on alleged abuses by the media giant.
But no less than House Speaker Alan Peter Cayetano and Palawan Rep. Franz Alvarez, chair of the House Committee on Legislative Franchises, already sent a letter to NTC urging it to issue a provisional authority effective May 4, 2020.
The Senate, for its part, also passed a resolution expressing the sense of the chamber that it wants NTC to issue a provisional authority to the Lopez-owned network.
The House and the Senate’s move follows guidance from Justice Secretary Menardo Guevarra’s opinion that there is basis for ABS-CBN to be given authority to continue operating while its franchise renewal is pending.
“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. However, a more stable legal environment could be created if Congress, by a concurrent resolution, would authorize the NTC to issue a provisional authority to these broadcasting companies…until Congress’ final disposition of their franchise renewal bills,” Guevarra said.
On this basis, NTC Commissioner Gamaliel Cordoba told the House Committee on Legislative Franchises on March 10 that the NTC will issue a PA to ABS-CBN.
But Calida contradicted Guevarra’s position, insisting that a franchise must be secured first from Congress before the NTC can issue a Certificate of Public Convenience from the NTC.
“[A] PA should only be issued once a congressional franchise has been granted and an application for CPC is pending before the NTC for approval. The NTC cannot issue a PA when the broadcast company has no valid and existing legislative franchise,” he said.
“No less than the Constitution requires a prior franchise from Congress. Hence, when there is no renewal, the franchise expires by operation of law. The franchise ceases to exist and the entity can no longer continue its operations as a public utility,” he added.
Calida insisted the NTC cannot rely on either the Senate resolution, the House committee letter or on a DOJ opinion as legal basis for issuance of provisional authority.
He threatened NTC commissioners they may face prosecution under the Anti-Graft and Corrupt Practices Act if they issue the provisional authority to ABS-CBN and Convergence.
The government on Sunday said it will continue to promote a free press.
"Without an open and free press, there will be an intellectual vacuum on public information and government programs and services, and there will be no dialogue on societal issues, public grievances, and government policies," said Palace communications Secretary Martin Andanar.
https://news.abs-cbn.com/news/05/03/20/calida-warns-ntc-against-issuing-provisional-authority-to-abs-cbn-affiliates
MANILA – (UPDATE) The Office of the Solicitor General on Sunday warned the National Telecommunications Commission (NTC) against issuing provisional authorities to ABS-CBN Corp. and its affiliate, ABS-CBN Convergence, Inc., in the absence of a franchise from Congress.
Tomorrow, May 4, is the last day of ABS-CBN Corp.’s franchise while ABS-CBN Convergence’s franchise ended on March 17. The OSG’s move to prevent ABS-CBN from continuing its broadcast coincided with the celebration of World Press Freedom Day.
In a statement, Solicitor General Jose Calida said that “the Constitution gives Congress the exclusive power to grant franchises to public utilities, such as broadcasting companies, in order to operate in the country. Although this legislative power may be delegated to administrative agencies through a law, at present, there is no such law giving the NTC or any other agency the power to grant franchises to broadcasting entities.”
Efforts to renew ABS-CBN and Convergence’s franchise have stalled as Congress sought to hold hearings on alleged abuses by the media giant.
But no less than House Speaker Alan Peter Cayetano and Palawan Rep. Franz Alvarez, chair of the House Committee on Legislative Franchises, already sent a letter to NTC urging it to issue a provisional authority effective May 4, 2020.
The Senate, for its part, also passed a resolution expressing the sense of the chamber that it wants NTC to issue a provisional authority to the Lopez-owned network.
The House and the Senate’s move follows guidance from Justice Secretary Menardo Guevarra’s opinion that there is basis for ABS-CBN to be given authority to continue operating while its franchise renewal is pending.
“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. However, a more stable legal environment could be created if Congress, by a concurrent resolution, would authorize the NTC to issue a provisional authority to these broadcasting companies…until Congress’ final disposition of their franchise renewal bills,” Guevarra said.
On this basis, NTC Commissioner Gamaliel Cordoba told the House Committee on Legislative Franchises on March 10 that the NTC will issue a PA to ABS-CBN.
But Calida contradicted Guevarra’s position, insisting that a franchise must be secured first from Congress before the NTC can issue a Certificate of Public Convenience from the NTC.
“[A] PA should only be issued once a congressional franchise has been granted and an application for CPC is pending before the NTC for approval. The NTC cannot issue a PA when the broadcast company has no valid and existing legislative franchise,” he said.
“No less than the Constitution requires a prior franchise from Congress. Hence, when there is no renewal, the franchise expires by operation of law. The franchise ceases to exist and the entity can no longer continue its operations as a public utility,” he added.
Calida insisted the NTC cannot rely on either the Senate resolution, the House committee letter or on a DOJ opinion as legal basis for issuance of provisional authority.
He threatened NTC commissioners they may face prosecution under the Anti-Graft and Corrupt Practices Act if they issue the provisional authority to ABS-CBN and Convergence.
The government on Sunday said it will continue to promote a free press.
"Without an open and free press, there will be an intellectual vacuum on public information and government programs and services, and there will be no dialogue on societal issues, public grievances, and government policies," said Palace communications Secretary Martin Andanar.
https://news.abs-cbn.com/news/05/03/20/calida-warns-ntc-against-issuing-provisional-authority-to-abs-cbn-affiliates
Congress gears for online session anew
Both houses of Congress are set to resume their regular sessions on May 4 as scheduled with the Senate gearing to approve changes in its rules that will allow official proceedings through electronic platforms.
Speaker Alan Peter Cayetano said earlier that the House of Representatives might convene online as it did during the special session it held on March 24 to approve the Bayanihan to Heal as One Act against the coronavirus.
But opposition Rep. Edcel Lagman of Albay urged the House to amend its rules to foreclose any legal questions since the current rules do not include sessions via electronic platforms.
Senate President Vicente Sotto III said the chamber would also approve new rules that would allow online sessions in the face of government rules on the Luzon-wide enhanced community quarantine.
Physically present
At least three senators—Miguel Zubiri, Aquilino Pimentel III and Juan Edgardo Angara—and several Senate employees have been diagnosed with the new coronavirus disease (COVID-19) after an infected person served as a resource person in one Senate session.
The new rules will allow Angara, who again tested positive, to participate in the proceedings but Sotto said the rules would have to first be approved by a majority of senators physically present at the session on Monday.
Moreover, Sotto said he would have to be physically present in the session hall to preside over all sessions until Congress adjourns sine die on June 5.
“There are procedures that cannot be done via teleconferencing. Someone has to preside from the session hall,” he said.
Observe health protocols
Once the new rules are approved, senators will be able to work from home after they inform the secretariat of their plan so that their presence could be recorded for quorum purposes.
They will be allowed to sponsor committee reports, participate during the interpellation and period of committee and individual amendments and cast their votes via teleconferencing.
But those who wish to deliver a privilege speech would have to be physically present in the session hall, Sotto added.
Senators and their aides will have to observe health protocols, including temperature checks, physical distancing and hygiene practices if they report to the Senate.
The rules are expected to be similar at the House when they resume session on Monday.
“Definitely, we will convene [but] we may have to conduct the session online again,” Cayetano said earlier.
But Lagman said online sessions were not covered by the current rules of the House and the chamber might have to approve changes to the rules when it reconvenes.
Since the declaration of the enhanced community quarantine due to COVID-19, Congress has held a special session and several committee meetings through video conferencing, which, according to Lagman, may be questioned in court.
But the new rules may be made retroactive, Lagman said, to cover the virtual House special session on March 24.
—WITH A REPORT FROM MELVIN GASCON
https://newsinfo.inquirer.net/1268652/congress-gears-for-online-session-anew
Speaker Alan Peter Cayetano said earlier that the House of Representatives might convene online as it did during the special session it held on March 24 to approve the Bayanihan to Heal as One Act against the coronavirus.
But opposition Rep. Edcel Lagman of Albay urged the House to amend its rules to foreclose any legal questions since the current rules do not include sessions via electronic platforms.
Senate President Vicente Sotto III said the chamber would also approve new rules that would allow online sessions in the face of government rules on the Luzon-wide enhanced community quarantine.
Physically present
At least three senators—Miguel Zubiri, Aquilino Pimentel III and Juan Edgardo Angara—and several Senate employees have been diagnosed with the new coronavirus disease (COVID-19) after an infected person served as a resource person in one Senate session.
The new rules will allow Angara, who again tested positive, to participate in the proceedings but Sotto said the rules would have to first be approved by a majority of senators physically present at the session on Monday.
Moreover, Sotto said he would have to be physically present in the session hall to preside over all sessions until Congress adjourns sine die on June 5.
“There are procedures that cannot be done via teleconferencing. Someone has to preside from the session hall,” he said.
Observe health protocols
Once the new rules are approved, senators will be able to work from home after they inform the secretariat of their plan so that their presence could be recorded for quorum purposes.
They will be allowed to sponsor committee reports, participate during the interpellation and period of committee and individual amendments and cast their votes via teleconferencing.
But those who wish to deliver a privilege speech would have to be physically present in the session hall, Sotto added.
Senators and their aides will have to observe health protocols, including temperature checks, physical distancing and hygiene practices if they report to the Senate.
The rules are expected to be similar at the House when they resume session on Monday.
“Definitely, we will convene [but] we may have to conduct the session online again,” Cayetano said earlier.
But Lagman said online sessions were not covered by the current rules of the House and the chamber might have to approve changes to the rules when it reconvenes.
Since the declaration of the enhanced community quarantine due to COVID-19, Congress has held a special session and several committee meetings through video conferencing, which, according to Lagman, may be questioned in court.
But the new rules may be made retroactive, Lagman said, to cover the virtual House special session on March 24.
—WITH A REPORT FROM MELVIN GASCON
https://newsinfo.inquirer.net/1268652/congress-gears-for-online-session-anew
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