Wednesday, July 8, 2020

It's 8-0 sweep in favor of ABS-CBN based on issues raised in franchise hearing: Lagman

Albay 1st District Rep. Edcel Lagman said on Wednesday ABS-CBN "rightly" deserves a new broadcast franchise, saying it passed every issue hurled against it.

"My scorecard shows an 8-0 sweep of the major issues in favor of ABS-CBN Corporation’s franchise renewal," the lawmaker said in a statement after the "lengthy and grueling hearings" conducted jointly by two committees of the lower House.

"Verily, based on the merits, ABS-CBN Corporation rightly deserves a renewal of its franchise. Its ordeal must be ended and its franchise renewed," he said, based on 8 issues he listed. 

First, ABS-CBN chairman emeritus Eugenio "Gabby" Lopez III is qualified to own and manage a media company in the country because "he is a natural-born Filipino citizen, although he has dual citizenship as an American by accident of his place of birth," according to the lawmaker.

The media conglomerate also did not violate regulations when it issued Philippine Depositary Receipts (PDRs) since its holders do not have voting and management rights, he said.

"The constitutional requirement of 100% Filipino capitalization and ownership of mass media is not violated by such PDRs," Lagman said.

Third, corporations that have been operating for more than 50 years are not disqualified from being granted a renewal or a new franchise, he said.

"The 50-year limitation in the Constitution for a legislative franchise only means that there must be a cap of not more than 50 years for each franchise that the Congress can issue at a time," he explained.

On the reacquisition by the Lopez family of the network in 1986 after the fall of the Marcos regime, Lagman said it was "authorized by legal issuances from the Office of the President, the Presidential Commission on Good Government, and the Supreme Court."

The broadcaster has no current tax delinquency and has complied with labor standards, Lagman said.

"The more important labor issue is the displacement of more than 11,000 employees and workers of ABS-CBN and its affiliates consequent to the non-renewal of its franchise," he said. 

On the 7th issue pertaining to ABS-CBN's launch of its digital TV box with multi-channel capability as well as its pay-per-view service, Lagman said this is "consistent with government’s mandate for digital migration" and does not violate its expired franchise or any law. 

Finally, Lagman said the network's alleged "biased reporting" and "meddling in politics" are "non-issues because critical commentary, reasonable preference, and even incidental bias of TV and radio networks are fully protected by the expansive veil of freedom of the press and free speech."

"Furthermore, the Fair Election Act does not enforce a policy of neutrality on media outlets and neither does it prohibit them from advocating preferences as long as rival parties and candidates are afforded equal time, space, and the opportunity to reply," he added.

The National Telecommunications Commission (NTC) shut down on May 5 the network's free TV and radio operations, a day after its previous franchise expired. 

The NTC had committed in March to give ABS-CBN a provisional authority to operate once its franchise lapses while Congress tackles several bills seeking to grant the network a fresh 25-year franchise.

Cayetano: No intimidation ahead of ABS-CBN franchise vote

House Speaker Alan Peter Cayetano on Wednesday denied reports that certain groups are "threatening and intimidating" lawmakers before they vote on whether to approve or reject ABS-CBN's bid for a fresh 25-year franchise.

"Rumors of threats and intimidation coming from certain groups, even linking it with specific religious organizations, and congressional leaders are completely false and is an unproductive exercise in trying to manipulate the vote to favor a particular decision," Cayetano said in a statement. 

Cayetano issued the denial after news website Politiko in an article claimed some lawmakers, along with some religious groups, are lobbying to keep ABS-CBN off the air with the rejection of a new broadcast franchise.

The Manila Times, meanwhile, published a story on how members of the House of Representatives’ Committee on Legislative Franchises are expected to vote on the ABS-CBN franchise bill. 

"Ironically, it is these clumsy attempts at mind conditioning that clearly pose a threat to the fairness and impartiality of the committee. By trying to poison the well of public opinion, those spreading this propaganda are trying to blackmail Congress into acceding to their demands," the House Speaker said. 

ABS-CBN officials appeared 12 times before the House legislative franchises and good government committees starting in May to appeal for a renewal of the network’s 25-year franchise and answer allegations of franchise violations. 

Palawan Rep. Franz Alvarez, chair of the House franchise panel, said the two committees would reconvene on Thursday to listen to the summations of Cagayan de Oro Rep. Rufus Rodriguez and SAGIP Party-list Rep. Rodante Marcoleta. 

Cayetano on Monday appealed to his colleagues to vote on ABS-CBN's franchise bid according to their "conscience."

The National Telecommunications Commission (NTC) on May 5 shut down ABS-CBN's free television and radio services despite its earlier commitment to let the network stay on the air while lawmakers deliberated on its license renewal.

Last week, the NTC also closed down ABS-CBN's digital broadcast, following the advice of Solicitor General Jose Calida, who in February sought to nullify the franchise of the network due to alleged abuses.

The shutdown "has deprived more than 69 million Filipinos of the kind of information, analysis and commentary, and public service provided by ABS-CBN News," including migrant workers, and those without internet connection and are reached solely by the network's signal, Integrated News chief Ma. Regina Reyes told lawmakers.

The ABS-CBN shutdown imperils the employment of some 11,000 workers, with the network considering retrenchments by August amid heavy losses. 

No sched yet for voting on ABS-CBN franchise — House panel chair

No schedule has been set yet for voting on whether or not ABS-CBN’s bid for a 25-year franchise will pass the committee level in the House of Representatives, a House leader said Wednesday.

Palawan 1st District Rep. Franz Alvarez, the chairperson of the House committee on legislative franchise, said arguments on various issues hounding ABS-CBN’s franchise bid still have to be summarized before lawmakers could vote on whether the network’s application will be brought to the plenary floor for more debates.

The House’s legislative franchise committee is handling hearings on ABS-CBN’s franchise together with the committee on good government and public accountability

“Summation pa lang, wala pa voting (We will still summarize the arguments, we have no schedule yet for the voting),” Alvarez told INQUIRER.net in a text message when asked regarding the possible schedule for the voting.

The joint committees have so far held 12 hearings related to ABS-CBN’s bid for a franchise where various issues such as the citizenship of the network’s chair emeritus Gabby Lopez, the Lopez family’s reclamation of the network after the EDSA Revolution, the alleged labor violations of the network, tax-related issues, and the network’s alleged political bias, among others, were discussed.

While the hearings were jointly conducted by the two House panels, only the 46 members of the legislative franchise committee, as well as the 44 House officials who are considered ex officio members, will be able to vote.

If the lawmakers’ votes will be for the franchise renewal, ABS-CBN’s application will be up for discussion in the plenary.

House Speaker Alan Peter Cayetano has urged lawmakers to vote on conscience on ABS-CBN’s franchise, saying that those who are for the renewal of the network’s franchise should “open their minds” to the side of the opposition and vice versa.

“From the start, we’ve been urging a conscience vote,” Cayetano said in an interview.

“That’s why we made the hearings public so that the people can decide for themselves. So, this is one of the rare cases where representatives will decide for the people,” the House Speaker added.

ABS-CBN doomed

Majority of lawmakers buck grant of new franchise

Shuttered media giant ABS-CBN Corp. faces an uphill battle in its bid to secure a new franchise, as majority of lawmakers at the House of Representatives seemed reluctant to allow the network to reopen.

Based on documents obtained by The Manila Times, lawmakers who were likely to reject the grant of a franchise outnumbered those who supported the network.

An initial tally of votes showed that 25 lawmakers were likely to vote in favor of the network, 57 were likely to oppose a new franchise, while 10 were unsure.

The Joint Committee on Legislative Franchises and on Good Government and Public Accountability concluded hearings on the alleged violations of ABS-CBN on Monday. There had been 12 hearings that extensively tackled the network’s alleged violations of its franchise, the Constitution, labor and tax laws, and biased reporting and meddling in politics.

Voting on the grant of a new franchise will be held after the summation of the hearings on Thursday. Legislative Franchises Committee Chairman Franz Alvarez, however, said they had yet to schedule a date for voting.

Aside from the 46 members of the Committee on Legislative Franchises, 46 House leaders or ex-officio members will also vote for the first reading at the committee level. If approved, the bill granting a new franchise will be presented to the plenary for deliberations and voting for the second and third reading. If rejected, the franchise bills will no longer reach the plenary level.

On Monday, House Speaker Alan Peter Cayetano urged lawmakers to cast a “conscience vote.”

“I cannot speak for the parties, kasi mag-uusap-usap din sila (because they will discuss among themselves). But from the start, we’ve been urging a conscience vote,” Cayetano told reporters.

Cayetano decided not to testify in the hearing on the alleged biased-reporting of ABS-CBN so as not to “sway” the other lawmakers. He said he would submit a written position to the committee on his view that the network had been biased in the coverage and placement of advertisements during the 2016 elections when he ran for vice president as the running mate of President Rodrigo Duterte.

“So, it’s really important for me that at the end of the day, the Filipino knows what the decision is, why Congress decided that way. So, hopefully, these 12 hearings somehow shed light on the many, many innuendos and issues na nababasa naman natin sa (that we’ve been reading on) social media at napapakinggan natin, napapanood, at nababasa sa (and what we hear, watch and read in) traditional media,” he said.

Lost support

On Monday, Kabayan party-list Rep. Ron Salo withdrew his authorship of House Bill 6901, one of the 13 bills seeking to grant a franchise to ABS-CBN, saying the network failed to disprove the allegations hurled against it.

Salo said his party-list is “convinced that the pieces of evidence presented, discussed and distilled in the hearings favor the oppositors.”

“My party-list group deems that ABS-CBN failed to successfully rebut the long list of alleged violations. And thus, this representation cannot anymore support the grant of a new franchise to ABS-CBN,” he said.

Salo also appealed to the ABS-CBN management to help its employees who might lose their jobs during the pandemic.

“My heart grieves for the ABS-CBN employees who face possible displacement, particularly at this time of the pandemic. As an act of redemption for its employees, I hope that ABS-CBN will be generous enough to attend to its employees’ needs in these difficult times as it may be its last act of magnanimity to the people it has considered its family,” he said.

“In any case, I am also certain that this will just be a temporary setback to the majority of its employees as other networks and stations will readily accept a workforce that comes with proven talents and expertise,” Salo added.

Anakalusugan party-list Michael Defensor believed that the issues had been discussed thoroughly and that there had been violations.

“I think overall the [joint-]committees were able to discuss thoroughly the issues lined up for interpellation,” Defensor told The Manila Times.

“I would like to separate the issues into two categories. One is constitutional and the others are violations of laws on labor, taxation, among others. I have asked the hard questions and exposed the anomalies. There were violations and the question is, [are these] enough not to qualify them for a franchise? I will state my vote in the near future,” Defensor added.

Meanwhile, for Agusan del Norte Rep. Lawrence Fortun, there had been no violations on the side of ABS-CBN as sufficiently stated by concerned government agencies on the issues of citizenship, Philippine Depositary Receipts, tax, labor practices and reportage.

Fortun said there were reforms that need to be instituted in the industry but these must be addressed through legislation in Congress, commitment of media organizations to make reforms within their companies, and the vigilance of the people. But he stressed “shutting down a mass media corporation is certainly not the right thing to do.”

He appealed to the members of the committee to heed the call of Cayetano for a conscience vote.

“This is most welcome and we appeal to the members of the committee to seek divine guidance and consult their conscience whether or not denying the franchise of ABS-CBN, depriving millions of our Filipinos, of our people access to information and entertainment and causing massive unemployment in the middle of a pandemic are consistent with prudent judgment, justice and equity,” Fortun said during the hearing on Monday.

The Kabataan party-list also believe that ABS-CBN has complied with the provisions and requirements of its previous franchise and deserves new franchise “that will enable it to continue its broadcasting service to 19 million Filipino households out of 21 million nationwide and over 3 million Filipinos overseas, especially in this time of a pandemic where news and information dissemination, even entertainment, is as critical as a need.”

“The fault-finding against ABS-CBN has gone too far, leaving more jobs lost and millions of Filipinos without access to news and entertainment. Amid the pandemic when firms are closing and downsizing with millions of displaced workers, and unemployment is at an all-time high, the government must focus instead on supporting local enterprises and preserving jobs,” Kabataan party-list Rep. Sarah Elago said.

Neutral

As lawmakers prepare to vote on the fate of the giant network, MalacaƱang said President Rodrigo Duterte remains “neutral.”

“Ang Presidente naman po sinabi niya (The President has always said), the members of Congress can vote according to their conscience dahil siya po ay neutral (because he is neutral on the matter),” Palace spokesman Harry Roque Jr. said.

He issued the statement after the Philippine Council of Evangelical Churches (PCEC) urged the President to support ABS-CBN.

The PCEC on Monday said it was “praying for compassion and entreating” lawmakers to “decide virtuously for the good of our country and the suffering families affected by the issue.”

“We also appeal to our President Rodrigo Duterte to give his crucial support for the renewal of the franchise, and may there soon be an opportunity for President Duterte and the leadership of ABS-CBN to engage in reconciliatory talks,” PCEC National Director Bishop Noel Pantoja said in a statement.

The National Telecommunications Commission shut down the operations of ABS-CBN in May after its franchise expired.

With Catherine Valente