The Senate adopted on Monday a resolution allowing plenary sessions and committee hearings through teleconferencing while the enhanced community quarantine (ECQ) is still in place to prevent the spread of the coronavirus disease 2019 (Covid-19).
With 15 senators physically present, the chamber adopted Senate Resolution No. 372 which amended Rule XI, Section 22 and Rule XIV, Section 41 of the Rules of the Senate.
Under the amended rules, the Senate “may conduct sessions, meetings or hearings through teleconference, video conference, or other reliable forms of remote or electronic means,” using appropriate information and communications technology systems “in case when there is force majeure” or occurrence of a national emergency.
During the course of hybrid plenary sessions, senators may vote, sponsor committee reports, and participate during the interpellation and period of amendments, regardless if their attendance is physical or online.
The senators who physically attended the reopening of session on Monday were Senate President Vicente Sotto III, Senate President Pro-Tempore Ralph Recto, Majority Leader Juan Miguel Zubiri, Senators Christopher Lawrence “Bong” Go, Ronald Dela Rosa, Francis Tolentino, Sherwin Gatchalian, Panfilo Lacson, Joel Villanueva, Grace Poe, Manny Pacquiao, Richard Gordon, Lito Lapid, Bong Revilla and Nancy Binay.
Meanwhile, Senate Minority Leader Franklin Drilon, and Senators Aquilino Pimentel III, Pia Cayetano, Sonny Angara, Imee Marcos, Cynthia Villar, Francis Pangilinan, and Risa Hontiveros immediately joined the proceedings online after the rules were amended.
Prior to the resumption of sessions, Sotto said he would attend sessions physically until Congress adjourns on June 5, 2020.
"Kailangang may mag-preside (Somebody has to preside) from the Senate session hall, and being the Senate President, I have the responsibility to ensure that all sessions are conducted as mandated by the Rules of the Senate and by the Constitution," Sotto said.
Members of the Senate Secretariat "who have primary functions during sessions" are also required to physically come to the Senate to perform their functions.
On the other hand, Sotto said senators who will virtually attend the sessions will have to inform the Senate Secretariat in advance for their attendance to be counted.
However, members of media are still barred from physically covering Senate proceedings to limit the number of people in the Senate building.
President Rodrigo Duterte had extended the ECQ in Metro Manila and other parts of the country until May 15, as the number of Covid-19 cases in the country continue to rise following intensified testing procedures.
As of May 4, the Philippines recorded 9,485 confirmed cases of Covid-19, with 623 deaths and 1,315 recoveries.
https://www.pna.gov.ph/articles/1101826
Monday, May 4, 2020
What power does SolGen have to contradict Congress on ABS-CBN's provisional license? - Drilon
With Congress already enjoining the National Telecommunications Commission to grant ABS-CBN Corp a provisional authority to operate once its broadcast franchise expires May 4, Senate Minority Leader Franklin Drilon on Monday asked the Office of the Solicitor General what power it has to defy the government body authorized to issue franchises.
"The grant of a franchise is a sovereign power granted in Congress. Congress already wrote to the NTC. What power does the Solicitor General have to contradict the body that acts as the repository of the sovereign power?" Drilon, a former Justice Secretary, said.
"The OSG cannot say that an act of the legislative or an agency of the executive branch is illegal. That is for the Courts to decide," he said.
Solicitor General Jose Calida on Sunday warned the NTC against issuing provisional authorities to ABS-CBN Corp and its affiliate, ABS-CBN Convergence, Inc., in the absence of a franchise from Congress.
Contradicting the position of Justice Secretary Menardo Guevarra, Calida insisted that a franchise must be secured first from Congress before the NTC can issue a Certificate of Public Convenience from the NTC.
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 OSG should be reminded of its mandate under the law. Under the Revised Administrative Code, the OSG shall act as lawyer of government agencies including the NTC," said Drilon.
"There is a conflict of interest there when the lawyer threatens to sue its client," he added, noting that it is the NTC and not the OSG that is granted regulatory functions under the law.
Should there be conflicting positions between the NTC and OSG, Drilon said it is up to the Justice Secretary to settle the issue.
"There is nothing in the law which allows the OSG to overturn an opinion by the Secretary of Justice," he said.
Drilon said it is not the first time for the NTC to issue a temporary and conditional permit to operate. In fact, one case in the past has been recognized in a 2003 case that Calida himself cited, he added.
"The Court never barred the NTC from issuing temporary permits to operate. It merely said that the broadcaster cannot completely do away with the requirement to apply for a franchise, as provided under the law," Drilon explained.
Congress is yet to tackle several bills seeking for a fresh 25-year franchise for ABS-CBN.
The NTC earlier said all live permits to operate and maintain broadcast and pay TV facilities that would expire during the Luzon quarantine would be automatically renewed. The licenses will be valid for 60 days from the end of the quarantine period.
Calida had also questioned the validity of the current franchise of ABS-CBN before the Supreme Court.
ABS-CBN, which reaches millions of Filipinos through its television, radio and online platforms, said it has not violated the law in its 65-year service.
PRRD to heed NTC decision on ABS-CBN franchise issue
President Rodrigo Duterte will heed the decision of the National Telecommunications Commission (NTC) on the fate of media giant ABS-CBN as its franchise expires on Monday (May 4).
Presidential Spokesperson Harry Roque made this comment in a virtual presser on Monday after Solicitor General Jose Calida warned that the NTC could not grant provisional authorities to ABS-CBN Corporation and its affiliate, ABS-CBN Convergence Inc., without securing a franchise from Congress.
“Ang Presidente naman po, ipapatupad po kung ano ang magiging desisyon ng National Telecom Commission (The President will implement the decision of the NTC),” Roque said. “Itong bagay pong ito (This thing) is a matter that must be dealt with by the NTC as a quasi-judicial body at hihintayin po natin ang sagot ng (and we will wait for the answer of the) National Telecommunications Commission."
He said only the NTC has “specialized competence” to make the decision to allow ABS-CBN to operate.
“We will apply the exhaustion of administrative remedies, the matter po ay dedesisyunan ng (will be decided by an) administrative agency which has specialized competence para magdesisyon sa mga bagay na ito (to make a decision on matters like this), which is the National Telecommunications Commission, and we defer to whatever ruling the NTC may have,” he added.
Last February 26, Duterte said he accepted the apology of ABS-CBN president and CEO Carlo Katigbak over his unaired campaign advertisements during the 2016 presidential elections.
Roque pointed out that Duterte’s sentiments should not influence the NTC.
“Ang alam ko po ay iyong alam ninyo rin na napatawad ng Presidente ang ABS-CBN; pero hindi naman po pupuwedeng ma-impluwensiyahan ng ating Presidente ang NTC dahil sa batas, desisyon po ng Komisyon iyan (I know the President has forgiven ABS-CBN; but the President cannot influence the NTC because the law says the decision has to be made by the Commission),” he said.
Duterte also said he would keep a “healthy distance” from issues surrounding the franchise renewal bid of ABS-CBN, stressing that Calida was acting on his own when he filed a quo warranto petition against ABS-CBN in February, invalidating the network’s franchise for supposed violations.
Earlier, Calida said the NTC commissioners could face prosecution under the Anti-Graft and Corrupt Practices Act if it decides to issue the provisional authority to ABS-CBN and Convergence.
However, the Department of Justice (DOJ) insisted that ABS-CBN may continue with its operations pending the renewal of its franchise.
NTC Commissioner Gamaliel Cordoba said it will follow the advice of the DOJ allowing ABS-CBN to operate while its franchise renewal bid is pending in Congress.
https://www.pna.gov.ph/articles/1101814
Presidential Spokesperson Harry Roque made this comment in a virtual presser on Monday after Solicitor General Jose Calida warned that the NTC could not grant provisional authorities to ABS-CBN Corporation and its affiliate, ABS-CBN Convergence Inc., without securing a franchise from Congress.
“Ang Presidente naman po, ipapatupad po kung ano ang magiging desisyon ng National Telecom Commission (The President will implement the decision of the NTC),” Roque said. “Itong bagay pong ito (This thing) is a matter that must be dealt with by the NTC as a quasi-judicial body at hihintayin po natin ang sagot ng (and we will wait for the answer of the) National Telecommunications Commission."
He said only the NTC has “specialized competence” to make the decision to allow ABS-CBN to operate.
“We will apply the exhaustion of administrative remedies, the matter po ay dedesisyunan ng (will be decided by an) administrative agency which has specialized competence para magdesisyon sa mga bagay na ito (to make a decision on matters like this), which is the National Telecommunications Commission, and we defer to whatever ruling the NTC may have,” he added.
Last February 26, Duterte said he accepted the apology of ABS-CBN president and CEO Carlo Katigbak over his unaired campaign advertisements during the 2016 presidential elections.
Roque pointed out that Duterte’s sentiments should not influence the NTC.
“Ang alam ko po ay iyong alam ninyo rin na napatawad ng Presidente ang ABS-CBN; pero hindi naman po pupuwedeng ma-impluwensiyahan ng ating Presidente ang NTC dahil sa batas, desisyon po ng Komisyon iyan (I know the President has forgiven ABS-CBN; but the President cannot influence the NTC because the law says the decision has to be made by the Commission),” he said.
Duterte also said he would keep a “healthy distance” from issues surrounding the franchise renewal bid of ABS-CBN, stressing that Calida was acting on his own when he filed a quo warranto petition against ABS-CBN in February, invalidating the network’s franchise for supposed violations.
Earlier, Calida said the NTC commissioners could face prosecution under the Anti-Graft and Corrupt Practices Act if it decides to issue the provisional authority to ABS-CBN and Convergence.
However, the Department of Justice (DOJ) insisted that ABS-CBN may continue with its operations pending the renewal of its franchise.
NTC Commissioner Gamaliel Cordoba said it will follow the advice of the DOJ allowing ABS-CBN to operate while its franchise renewal bid is pending in Congress.
https://www.pna.gov.ph/articles/1101814
Palace leaves fate of ABS-CBN to NTC as franchise expires
The fate of ABS-CBN Corp. lies in the hands of the National Telecommunications Commission (NTC), Malacañang said Monday as the franchise of the broadcast giant expires.
The Palace will wait for the NTC's decision on the warning of Solicitor General Jose Calida against issuing provisional authorities to ABS-CBN in the absence of a franchise from Congress, Presidential Spokesman Harry Roque said.
"Itong bagay po na ito is a matter that must be dealt with the NTC as a quasi-judicial body at aantayin po natin ang sagot ng NTC," Roque said.
(This issue is a matter that must be dealt with the NTC as a quasi-judicial body and we will wait for the response of the NTC.)
The current franchise of ABS-CBN, the country's largest media and entertainment company that operates free TV Channel 2 and radio DZMM and DWRR, expires on Monday, May 4.
The NTC, in a March 16 memo, had said that all live permits to operate and maintain broadcast and pay-TV facilities that will expire during the enhanced community quarantine period will be automatically renewed.
The licenses will be valid for 60 days from the end of the quarantine period after which, the stations will be given 2 months to file for renewal of their permit or license without penalties or surcharges, the NTC said.
Roque said President Rodrigo Duterte cannot influence any decision that the NTC will make on the media company's franchise.
"Hindi naman po pupuwedeng maimpluwensyahan ng ating Presidente ang NTC, desisyon ng komisyon yan at hindi naman po puwedeng pangunahan ang NTC sa desisyon na ito," Roque said.
(The President cannot influence the NTC on its decision because that is up to the committee.)
"Hahayaan po namin ang NTC na magdesisyon at kung ano man ang desisyon ng NTC ipapatupad po ng buong gobyerno," he added.
(We will let the NTC decide and whatever decision the NTC makes will be implemented by the government.)
DOJ SAYS SUFFICIENT BASIS TO ALLOW OPS
Justice Secretary Menardo Guevarra on Monday reiterated that there is "sufficient basis" to allow ABS-CBN to continue operating while Congress has yet to act on bills seeking a fresh 25-year franchise for the company.
"The DOJ (Department of Justice) stands by its position that there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their franchise remain pending with Congress," Guevarra said.
House Speaker Alan Peter Cayetano last week reiterated that lawmakers have asked the NTC to give ABS-CBN and its affiliate companies a provisional authority to operate.
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.
Calida, however, insisted the NTC cannot rely on either the Senate resolution, the House committee letter, or on a DOJ opinion as the legal basis for issuance of provisional authority.
“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 said.
The NTC had earlier committed to allow ABS-CBN to operate after its franchise expires on May 4, as requested by lawmakers, who have yet to tackle several bills seeking for a fresh 25-year-franchise for the company.
news.abs-cbn.com is the official news website of ABS-CBN Corp.
-with a report from Mike Navallo, ABS-CBN News
https://news.abs-cbn.com/news/05/04/20/palace-leaves-fate-of-abs-cbn-to-ntc-as-franchise-expires
The Palace will wait for the NTC's decision on the warning of Solicitor General Jose Calida against issuing provisional authorities to ABS-CBN in the absence of a franchise from Congress, Presidential Spokesman Harry Roque said.
"Itong bagay po na ito is a matter that must be dealt with the NTC as a quasi-judicial body at aantayin po natin ang sagot ng NTC," Roque said.
(This issue is a matter that must be dealt with the NTC as a quasi-judicial body and we will wait for the response of the NTC.)
The current franchise of ABS-CBN, the country's largest media and entertainment company that operates free TV Channel 2 and radio DZMM and DWRR, expires on Monday, May 4.
The NTC, in a March 16 memo, had said that all live permits to operate and maintain broadcast and pay-TV facilities that will expire during the enhanced community quarantine period will be automatically renewed.
The licenses will be valid for 60 days from the end of the quarantine period after which, the stations will be given 2 months to file for renewal of their permit or license without penalties or surcharges, the NTC said.
Roque said President Rodrigo Duterte cannot influence any decision that the NTC will make on the media company's franchise.
"Hindi naman po pupuwedeng maimpluwensyahan ng ating Presidente ang NTC, desisyon ng komisyon yan at hindi naman po puwedeng pangunahan ang NTC sa desisyon na ito," Roque said.
(The President cannot influence the NTC on its decision because that is up to the committee.)
"Hahayaan po namin ang NTC na magdesisyon at kung ano man ang desisyon ng NTC ipapatupad po ng buong gobyerno," he added.
(We will let the NTC decide and whatever decision the NTC makes will be implemented by the government.)
DOJ SAYS SUFFICIENT BASIS TO ALLOW OPS
Justice Secretary Menardo Guevarra on Monday reiterated that there is "sufficient basis" to allow ABS-CBN to continue operating while Congress has yet to act on bills seeking a fresh 25-year franchise for the company.
"The DOJ (Department of Justice) stands by its position that there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their franchise remain pending with Congress," Guevarra said.
House Speaker Alan Peter Cayetano last week reiterated that lawmakers have asked the NTC to give ABS-CBN and its affiliate companies a provisional authority to operate.
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.
Calida, however, insisted the NTC cannot rely on either the Senate resolution, the House committee letter, or on a DOJ opinion as the legal basis for issuance of provisional authority.
“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 said.
The NTC had earlier committed to allow ABS-CBN to operate after its franchise expires on May 4, as requested by lawmakers, who have yet to tackle several bills seeking for a fresh 25-year-franchise for the company.
news.abs-cbn.com is the official news website of ABS-CBN Corp.
-with a report from Mike Navallo, ABS-CBN News
https://news.abs-cbn.com/news/05/04/20/palace-leaves-fate-of-abs-cbn-to-ntc-as-franchise-expires
DOJ maintains broadcast outlets can continue ops pending franchise renewal
Broadcast outlets can stay open while bills for their franchise renewal languish in Congress, the Department of Justice said Monday after the government's top lawyer made another move to block the operations of ABS-CBN Corp.
"The DOJ stands by its position that there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the RENEWAL of their franchise remain pending with Congress," Justice Secretary Menardo Guevarra said in a statement.
The Office of the Solicitor General on Sunday warned the National Telecommunications Commission (NTC) against issuing provisional authorities to the country's largest media network and its subsidiary, ABS-CBN Convergence Inc., while lawmakers have yet to tackle the renewal of their franchise, set to expire May 4.
"While existing laws provide that a person who wishes to operate a radio/TV station must first obtain a legislative franchise and thereafter a license to operate from the NTC, there is NO LAW that governs the rights and obligations of a person or entity who has ALREADY BEEN GRANTED a legislative franchise and has fully operated for many years, has applied for the renewal of its franchise long before the expiration thereof, but for reasons not attributable to said person or entity, the legislature has not yet acted on the renewal of said franchise," Guevarra said.
Congress, in several previous instances, allowed the status quo without urging the NTC to issue a provisional permit, in consideration of the equities of the situation, he added.
The NTC earlier issued a memorandum allowing the automatic renewal of expiring permits of broadcast and pay-TV facilities during the enhanced community quarantine of Metro Manila and other high-risk areas to stop the pandemic.
The agency in March also said it would issue a provisional authority to allow ABS-CBN and its subsidiaries to operate until June 30, 2022.
ABS-CBN is facing a quo warranto challenge lodged before the Supreme Court by Solicitor General Jose Calida. The government's lead lawyer is seeking to nullify ABS-CBN's current franchise due to alleged abuses like illegal pay-per-view offering and foreign ownership.
The network, which reaches millions of Filipinos through its television, radio and online platforms, said it has not violated the law in its 66-year service.
A 2003 Supreme Court ruling that stopped the operations of a media outlet even if it secured an NTC permit "does not apply" to ABS-CBN, said Guevarra.
The subject of the ruling, Associated Communications & Wireless Services-United Broadcasting Networks (ACWS), "did not even have an original franchise to begin with." ABS-CBN has "a franchise and a license to operate, albeit subject to further deliberations for its renewal," Guevarra said.
News.abs-cbn.com is the official news website of ABS-CBN Corp.
https://news.abs-cbn.com/news/05/04/20/doj-maintains-broadcast-outlets-can-continue-ops-pending-franchise-renewal
"The DOJ stands by its position that there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the RENEWAL of their franchise remain pending with Congress," Justice Secretary Menardo Guevarra said in a statement.
The Office of the Solicitor General on Sunday warned the National Telecommunications Commission (NTC) against issuing provisional authorities to the country's largest media network and its subsidiary, ABS-CBN Convergence Inc., while lawmakers have yet to tackle the renewal of their franchise, set to expire May 4.
"While existing laws provide that a person who wishes to operate a radio/TV station must first obtain a legislative franchise and thereafter a license to operate from the NTC, there is NO LAW that governs the rights and obligations of a person or entity who has ALREADY BEEN GRANTED a legislative franchise and has fully operated for many years, has applied for the renewal of its franchise long before the expiration thereof, but for reasons not attributable to said person or entity, the legislature has not yet acted on the renewal of said franchise," Guevarra said.
Congress, in several previous instances, allowed the status quo without urging the NTC to issue a provisional permit, in consideration of the equities of the situation, he added.
The NTC earlier issued a memorandum allowing the automatic renewal of expiring permits of broadcast and pay-TV facilities during the enhanced community quarantine of Metro Manila and other high-risk areas to stop the pandemic.
The agency in March also said it would issue a provisional authority to allow ABS-CBN and its subsidiaries to operate until June 30, 2022.
ABS-CBN is facing a quo warranto challenge lodged before the Supreme Court by Solicitor General Jose Calida. The government's lead lawyer is seeking to nullify ABS-CBN's current franchise due to alleged abuses like illegal pay-per-view offering and foreign ownership.
The network, which reaches millions of Filipinos through its television, radio and online platforms, said it has not violated the law in its 66-year service.
A 2003 Supreme Court ruling that stopped the operations of a media outlet even if it secured an NTC permit "does not apply" to ABS-CBN, said Guevarra.
The subject of the ruling, Associated Communications & Wireless Services-United Broadcasting Networks (ACWS), "did not even have an original franchise to begin with." ABS-CBN has "a franchise and a license to operate, albeit subject to further deliberations for its renewal," Guevarra said.
News.abs-cbn.com is the official news website of ABS-CBN Corp.
https://news.abs-cbn.com/news/05/04/20/doj-maintains-broadcast-outlets-can-continue-ops-pending-franchise-renewal