TIMELINE: ABS-CBN franchise

TV network ABS-CBN faces an uncertain future beyond March 30.

The Lopez-owned network’s franchise is yet to be renewed by Congress, while its current authority to broadcast has been put in peril after Solicitor General Jose Calida asked the Supreme Court to void it.

Apart from its flagship ABS-CBN channel, the media conglomerate also operates other brands such as ABS-CBN Sports and Action, cable channels DZMM Teleradyo, ABS-CBN News Channel or ANC, Cinema One, Jeepney TV, Knowledge Channel, Metro Channel, Myx, ABS-CBNNews.com, and global channel TFC.

The network also started offering digital TV boxes which carries KBO, a channel airing Filipino movies. This was one of the two issues raised by Calida in asking the high court to revoke ABS-CBN’s franchise.

This is the first time for the oldest TV station in the country to go through problems with franchise renewal. Here’s what went before:

June 14, 1950: Republic Act No. 511 is passed giving a temporary permit for Bolinao Electronics Corporation to operate a television station in the Philippines. The firm is renamed Alto Broadcasting System in 1953, patterned after the first names of its new owners Aleli and Tony Quirino, the brother of former President Elpidio Quirino.

February 24, 1957: Lawyer and businessman Eugenio Lopez Sr. buys the company from the Quirinos. This leads to the merger of ABS and Chronicle Broadcasting Network or CBN..

June 21, 1969: RA 5730 becomes law, which converts Bolinao Electronics Corporation’s franchise into ABS-CBN.

September 21, 1972: ABS-CBN, along with other networks and affiliate stations, are told to go off the air while media assets are seized as then-President Ferdinand Marcos puts the entire nation under martial law. Media content is controlled by the state.

September 16, 1986: ABS-CBN resumes daily broadcasts nearly seven months after a "people power" revolt toppled the Marcos regime.

March 30, 1995: President Fidel Ramos signs RA 7966 granting a 25-year franchise to ABS-CBN Broadcasting Corporation. The renewal comes five years ahead of the expiry of its franchise.

September 11, 2014: Isabela Representative Giorgidi Aggabao files House Bill 4997 under the 16th Congress, in the first attempt to renew ABS-CBN’s franchise ahead of its March 2020 expiration. This does not get past the committee level.

May 6, 2016: Former Senator Alan Peter Cayetano, President Rodrigo Duterte’s running mate for the presidential elections, gets a Taguig court to issue a temporary restraining order stopping ABS-CBN from airing TV commercials against Duterte. The said ads are supposedly paid for by members of the opposition.

November 10, 2016: Rep. Micaela Violago of the second district of Nueva Ecija files House Bill 4349 seeking to renew the network’s franchise, followed by a similar bill drafted by brothers Davao City Rep. Karlo Nograles and PBA Party-List Rep. Jericho Nograles. Both remain at the committee level.

November 8, 2018: Duterte unleashes one of his public rants against ABS-CBN for failing to air his campaign advertisements for the May 2016 elections. He curses the network’s chairman emeritus Gabby Lopez and called him a thief, saying he will reject the renewal of ABS-CBN’s franchise.

Duterte previously slammed the media conglomerate for its supposedly unfair labor practices, and earlier challenged the network to accompany him to the central bank to open his bank accounts, amid reports that he had undeclared wealth.

July 1, 2019: Violago refiles her bill for the franchise renewal on the second day of the 18th Congress, with 20 other House members signing up as co-authors of the measure. Ten other bills are filed to give ABS-CBN a fresh legal mandate.

July 28, 2019: Senator Ralph Recto files a similar bill to extend ABS-CBN’s franchise for another 25 years. Sen. Leila De Lima later asked to be co-author of the measure.

December 3, 2019: Duterte says he will personally “see to it” that ABS-CBN will be out of business by 2020. He later tells the Lopezes to just sell the network to a new owner.

December 4, 2019: Palawan Rep. Franz Alvarez, chairman of the House Committee on Legislative Franchises, says they would not tackle the bills on ABS-CBN until the end of that year. House Speaker Alan Peter Cayetano says the measures can be taken up early 2020.

February 10, 2020: Calida heads to the high court with a quo warranto petition against ABS-CBN, saying it committed two grave violations of its existing franchise. He claims the network allowed foreign owners to control the company by selling Philippine Depositary Receipts to them, and offering KBO as an entirely new TV channel.

The network refutes Calida’s claim, saying it did not violate the law. The court asks ABS-CBN to respond to the points raised in 10 days.

Media groups denounce the petition as a direct attack on freedom of speech and of the press.

February 12, 2020: Committee Vice Chairman Isabela Rep. Antonio Albano Jr. apologizes to the estimated 11,000 workers of ABS-CBN for delays in discussing the franchise renewal. He says the pending measures are already being discussed among solons behind closed doors.

Cayetano vows that the House will be “impartial” in tackling ABS-CBN’s franchise.

The House committee tackling the measure still has no scheduled hearings on the bills as of Thursday, February 13.

https://cnnphilippines.com/news/2020/2/13/ABS-CBN-franchise-timeline.html

Support swells for ABS-CBN

“…to reject this crude request and we call on members of parliament to immediately renew the ABS-CBN franchise in a spirit of respect for the separation of powers and freedom of the press, as required by the Philippines’ 1987 constitution.”

By ALYSSA MAE CLARIN
Bulatlat.com

MANILA– Local and international organizations have thrown out their support to the ABS-CBN’s struggle to continue operations.

On Feb. 10, the Office of the Solicitor General filed a quo warranto petition against broadcasting giant, ABS-CBN as well as its subsidiary ABS-CBN Convergence, Inc.

In the 63-page quo warranto petition filed before the Supreme Court, the OSG accuses the network of ‘unlawfully exercising their legislative franchise’ and urges the High Court to revoke ABS-CBN’s networking franchise.

In response, ABS-CBN said in its official statement that they “did not violate the law,” adding that the filing of the petition is Solicitor General Jose Calida’s effort to shutdown the network,as well as the thousands of Filipinos working in the company.

The ABS-CBN maintained that the claims Calida made were without merit, and all their broadcast offerings have received the necessary government and regulatory approval and are not prohibited by their franchise.

The network also answered Calida’s accusation of foreign funding through ABS-CBN’s Philippine Deposit Receipts, and said that the PDRs have been used by other broadcast companies to improve their services.

“We reiterate that everything we do is in accordance with the law. We did not violate the law. This case appears to be an attempt to deprive Filipinos of the services of ABS-CBN.”

The network also said that they have no issue with tax payment.

The Bureau of Internal Revenue even recognized the broadcasting station as one of the top 200 non-individual taxpayers in the country, having paid over P70.5 billion worth of taxes in the past 17 years.

Support swells

Following the protest action led by the National Union of Journalists of the Philippines last Friday, various groups issued statements condemning Solicitor General Jose Calida’s move as “an attack on press freedom.”

The Freedom for Media Freedom for All, a consortium of Philippine media organizations, said “the attempt to close down ABS-CBN is a direct attack against the shared freedom of all citizens, for silencing the network is similar to depriving the Filipino citizens of their source of news and information.”

The coalition also called for a ‘collective front’ from the Filipino people who believe that the press should remain autonomous in a democratic country like the Philippines.

In a statement, Reporters Without Borders has called on Supreme Court justices “to reject this crude request and we call on members of parliament to immediately renew the ABS-CBN franchise in a spirit of respect for the separation of powers and freedom of the press, as required by the Philippines’ 1987 constitution.”

Daniel Bastard, head of RSF’s Asia-Pacific desk, also questioned Calida’s motive in filing the petition. “It’s either Jose Calida had told the truth; and also casually admitting his incompetence by failing to call out these ‘abusive practices’ when he assumed position in 2016, or the SolGen had told a lie purely for political fabrication and as a way to pressure the network,” he said.

In the same vein, Carlos Conde of the Human Rights Watch said that the OSG’s action ‘has all the indication of political harassment.’ “President Duterte has not made secret his displeasure toward ABS-CBN and has expressed his intention to shut it down,” he said.

He also said that the petition filing had placed undue pressure on the legislators.

Eleven bills in support of the ABS-CBN’s franchise are pending with the House Committee on Legislative Franchises.

Conde noted that some legislators have stated that this could jeopardize the franchise renewal, which ends March 30.

Meanwhile, Isabela 1st District Rep. Antonio Albano, who is also the vice-chair of the Committee on Legislative Franchises, said that the network can still operate even if its renewal is not granted after its expiration.

Albano said that the network’s services will not be terminated until the end of the 18th Congress.

Echoing Albano’s reassurance, Senate President Vicente Sotto III said that as long as there are bills filed, the franchis is deemed extended as long. “As there’s no hearing, it could extend until the end of the 18th Congress,” Sotto said.

Sotto added that the quo warranto filed by the SolGen would not affect the current bills filed seeking for the network’s franchise renewal, and even added that ABS-CBN can ask the permission of the National Telecommunications Commission for an extension.

NUJP announced that it would continue to urge the Congress for action until the bills for the network’s franchise renewal are heard.

The organization, along with ABS-CBN employees and other advocates, would be holding its fifth Friday protest this Valentine’s Day in front of Esguerra gate. (https://www.bulatlat.com)

https://www.bulatlat.com/2020/02/13/support-swells-for-abs-cbn/

Duterte not meddling in Congress decision on ABS-CBN franchise

By Ben Rosario

Despite harboring a grudge against ABS-CBN network, President Duterte has not done anything to pressure Congress into denying the broadcast giant’s bid for a 25-year renewal of its legislative franchise.

Isabela Rep. Tonypet Albano, vice chairman of the House committee on legislative franchises, said the chief executive has apparently maintained a hands-off policy on the issue and observed respect for a co-equal branch of the government.

Albano made this observation in denying reports that he claimed Duterte had “directly pressured” congressmen against granting the franchise extension.

“The President has never interfered and does not intend to interfere in the business of Congress. He values separation of powers and has [too] much respect for us to do so,” explained Albano.

In a press conference on Wednesday, Albano admitted that members of the legislative franchise panel are feeling pressure from both sides in connection with the consideration of 11 legislative measures proposing a fresh legislative franchise for the embattled network and its sister companies.

A member of the administration-backed majority bloc in the Lower House, Albano said the House panel will give those who are for or against the bill a chance to present their positions.

“I also know very well that President Duterte values the right to have freedom of speech. And like him, I also believe that freedom of speech is not absolute!” he stressed.

Duterte has been critical of ABS-CBN, which he accused of political partisanship during the 2016 presidential elections that he won.

The chief executive claimed the network did not air his campaign commercials despite accepting payment.

Meanwhile, Magdalo party-list Rep. Manuel Cabochan accused the Office of the Solicitor General (OSG) of encroaching on the function of Congress to act on the broadcast franchise sought by ABS-CBN.

Cabochan said the OSG’s filing of a quo warranto petition asking the Supreme Court to stop ABS-CBN’s operations is an “overreach and encroachment” on the Congress bid to review and renew the congressional franchise.

“This just shows the rabid desire of the administration to shut down one of the institutions in the Philippine media industry,” said Cabochan in a statement. “We in the Magdalo party-list oppose this orchestrated attack of the Duterte administration on press freedom which is an important principle of democracy.”

https://news.mb.com.ph/2020/02/13/duterte-not-meddling-in-congress-decision-on-abs-cbn-franchise/

Can House franchise panel be discharged from tackling ABS-CBN issue?

As the public awaits action from the House committee on legislative franchises on the issue of ABS-CBN, can the committee be discharged from handling the case and instead head straight to plenary discussions?

The short answer to this question is yes, according to Agusan del Norte Rep. Lawrence Fortun who used as a reference the rules of the House of Representatives.

The process of doing so, however, is not as simple as a yes or no.

Section 50, Article X of the Rules of the House of Representatives states that “any member can present to the Secretary General a motion in writing to discharge a committee from the consideration of a bill or resolution referred to it if such committee fails to act thereon after more than thirty session days from its referral.”

Once a member of the House has filed a written motion to discharge before the Office of the Secretary General, the Secretary General shall arrange a place where members can affix their signature in support of the motion.

“A signature may be withdrawn by a member in writing at any time before the motion is entered in the Journal,” the House rule states.

Once 20 percent of the members of the House has signed the written motion, it shall be included in the Calendar of Business and reported in the next session of the House.

Currently, there are 302 members of the House. This means that 61 members need to sign the written motion.

What happens next?

Section 51, Article X of the House Rules states that after the Privilege Hour on any Monday, any member who signed the motion to discharge may demand for the motion to be tackled by the plenary.

This, however, cannot be done during the last 15 days of a regular session.

“The House shall proceed to vote on the motion after debate thereon for a period not exceeding thirty minutes,” the Rules of the House states.

If the motion to discharge is adopted, another motion shall be in order—this time, a motion to proceed.

If the motion to proceed prevails, the bills or resolution shall be tackled in the plenary “immediately”.

What happens if motion to discharge is not adopted?

According to the rules, if a motion to discharge is lost, “it shall not be in order to entertain any other motion to discharge the same committee or any other committee from the consideration of the same bill or any other bill with substantially the same subject matter during the same session year.”

“After the House acts on the motion to discharge, all other motions to discharge relating to bills or resolutions with similar subject matter which are pending in the Calendar of Business shall be stricken off the Calendar and shall not be acted upon for the remainder of the same session year,” it added.

In the case of ABS-CBN, Fortun said that the bills seeking to renew the franchise of ABS-CBN has been referred to the House committee on legislative franchises as early as August 2019, thus making them qualified under the rules.

Republic Act No. 3846 requires television and radio broadcasting companies to secure a franchise from the government before they are allowed to operate. It is Congress that will decide whether to extend the franchise to public utilities, such as the media.

At least 11 bills have been filed in the House seeking to renew the franchise of ABS-CBN, which is one of the biggest media outlets in the country. Its franchise is set to expire on March 30.

But despite the number of bills filed in support of the renewal of the media giant’s franchise, the House committee on legislative franchises has yet to tackle the issue.

In a press briefing, Isabela Rep. Antonio “Tonypet” Albano, however, assured that the committee has been “working hard to facilitate all the franchise renewals and applications that has been lodged in our committee.”

https://newsinfo.inquirer.net/1228531/can-house-franchise-panel-be-discharged-from-tackling-abs-cbn-issue

Philippines' broadcasters assoc. shows support for ABS-CBN amid franchise woes

The Philippines' major association of broadcasters on Thursday threw its weight behind the new franchise bid of ABS-CBN Corp, the country's largest media network.

In a statement, the Kapisanan ng mga Brodkaster ng Pilipinas (Association of Philippine Broadcasters), of which ABS-CBN is a member, said it "will continue to support and help work for the renewal of the franchises of ABS-CBN and other KBP member networks, knowing fully well that it is for the best interest of the public."

The KBP said it hopes Congress acts favorably on all pending broadcast franchise renewal applications, including that of ABS-CBN's.

It said ABS-CBN has been working with the association "in promoting broadcast responsibilities and initiating reforms in the broadcast industry."

ABS-CBN's franchise is expiring March 30, 2020 and yet Congress, which is set to adjourn in mid-March, has yet to tackle legislative measures seeking to grant the company a fresh 25-year broadcast franchise. The delay is seen by some sectors as the chamber's kowtowing to Duterte, who has vowed to block ABS-CBN's franchise renewal. In December, Duterte even urged the owners of ABS-CBN to just sell the company, saying he would "see to it that you're out."

In a separate move on Monday, the Duterte government's top counsel asked the Supreme Court to invalidate the current franchise of ABS-CBN, citing supposed violations. The company refuted the allegations.

Several press corps, journalism educators and journalist groups have previously expressed support for the media network.

Reporters covering the presidential office, defense, police, the Senate and business beats expressed their stand for press freedom amid what they see as efforts of the current government to shut down ABS-CBN.

The Foreign Correspondents Association of the Philippines (FOCAP) and the National Union of Journalists in the Philippines have also expressed support for ABS-CBN, which the former described as a "cornerstone of Philippine democracy and the free press."

A democracy watchdog said an ABS-CBN shutdown may lead to another "crony capitalist era," recounting the company's closure during the Martial Law period under the Marcos presidency.

https://news.abs-cbn.com/news/02/13/20/philippines-broadcasters-assoc-shows-support-for-abs-cbn-amid-franchise-woes

KBP vows support to ABS-CBN amid franchise renewal issues

The Kapisanan ng mga Broadkaster ng Pilipinas (KBP) on Thursday expressed its support anew to ABS-CBN as the media network giant faces challenges over the renewal of its legislative franchise.

According to KBP, the country’s largest broadcasting company has been a long-time member of the association and has helped initiate reforms in the Philippine broadcast industry.

ABS-CBN’s legislative franchise will expire by March 30. At least 10 bills endorsing the renewal of its license to operate have been filed at the House of Representatives but the lower chamber has yet to tackle the matter. Also, the Office of the Solicitor General (OSG) filed before the Supreme Court on February 10 a quo warranto petition seeking to stop the operations of the media firm.

Apart from these, ABS-CBN has constantly been at the receiving end of President Rodrigo Duterte’s rants against the media. He repeatedly threatened to block the franchise renewal bid of the network.

“The Kapisanan ng mga Broadkaster ng Pilipinas (KBP) reiterates its continued support for the renewal of the Congressional franchise of ABS-CBN,” KBP said in a statement posted on their website.

“As KBP member, ABS-CBN works hand in hand with other members of the industry belonging to our association in promoting broadcast responsibilities and initiating reforms in the broadcast industry,” it added.

Various media organizations and personalities have similarly expressed their support to ABS-CBN’s bid to renew its franchise. They have denounced OSG’s move, considering it as a determined action by the Duterte administration to snip a perceived critic.

KBP hopes that Congress would soon resolve “favorably” on all applications for the renewal of legislative franchises, including that of ABS-CBN’s.

“Both the 17th and 18th Congresses, to their credit, have acted favorably on the franchise applications of our members […] To date, there are still pending applications in Congress, including that of ABS-CBN’s,” KBP explained.

“The KBP trusts that these pending applications will be favorably acted upon just like other applications for renewal,” it added.

https://newsinfo.inquirer.net/1228530/kbp-vows-support-to-abs-cbn-amid-franchise-renewal-issues

ABS-CBN can apply for new franchise: Palace

Embattled broadcasting firm ABS-CBN Corp. can apply for a new license to operate in the event that its 25-year legislative franchise is nullified, Malacañang said on Thursday.

“Kaya nga meron silang (That’s why they have) application for (new franchise). That’s the whole point,” Presidential Spokesperson Salvador Panelo said in an interview with Palace reporters.

His statement came after Solicitor General Jose Calida, the government’s top counsel, filed before the Supreme Court a quo warranto petition against ABS-CBN due to its supposed “highly abusive practices” at the expense of millions of its loyal subscribers.

In his petition filed Monday, Calida alleged that ABS-CBN violated the 1987 Constitution after it allowed foreign entities to invest in its broadcast firm by issuing Philippine Deposit Receipts through ABS-CBN Holdings Corp.

Under Section 11(1), Article 16 of the Constitution, ownership and management of mass media is limited to “citizens of the Philippines, or to corporations, cooperatives, or associations, wholly-owned and managed by such citizens.”

Panelo said Calida’s move was “sensible and logical.”

“That’s his job. What if someone, other than Calida, found that ABS-CBN made a violation? Calida would face a complaint for the dereliction of duty. So he will be on the defensive side. He’s just doing his duty,” he said.

ABS-CBN only has until March 30 to operate, unless it is granted another franchise renewal by Congress and President Rodrigo Duterte.

However, lawmakers have yet to deliberate whether they will extend or not the franchise of ABS-CBN to another 25 years.

On Wednesday, Panelo told Congress to set aside Duterte’s “displeasure” against the local media giant.

Panelo made his comment after House legislative franchises vice chairperson and Isabela Rep. Antonio Albano admitted the tiff between Duterte and ABS-CBN gives pressure to congressmen.

In a speech delivered Wednesday night, Duterte assured the Philippine media that under his watch, he will not allow any possible abuse of privileges vested in them.

Duterte made the vow despite his grievances against ABS-CBN for its supposed bias and failure to run his campaign advertisements during the 2016 presidential derby.

https://www.pna.gov.ph/articles/1093788

ABS-CBN can apply for new franchise if SolGen wins SC case —Palace

ABS-CBN has the option to apply for a new franchise should the Supreme Court grant the Office of the Solicitor General’s petition to forfeit the current license of the broadcast network, Malacañang said on Thursday.

Presidential spokesperson Salvador Panelo said there is no prohibition for ABS-CBN to seek a new franchise. Bills seeking to extend ABS-CBN’s franchise are still pending in Congress.

“Kaya nga may application sila for renewal. That’s the whole point,” he told reporters.

On Monday, the OSG asked the SC through a quo warranto petition to forfeit ABS-CBN’s franchise over alleged violations, an action denounced by the network, several media groups and journalism schools.

In its petition, the OSG claimed that the network had been operating a pay-per-view channel without the necessary permit from the government and that it issued Philippine Depositary Receipts to foreigners.

ABS-CBN, whose franchise expires on March 30, said it did not violate the law.

However, Panelo said the OSG was only doing its job to file an action in court if it believes that there is a violation of any law.

“If he does not, then he opens himself to criminal prosecution – of dereliction of duty. He cannot close his eyes,” he said in a separate interview on ANC.

“He cannot close his eyes to any violation regardless of the time because it is only now that he discovered that there has been a violation by the ABS-CBN. And let the court decide whether or not he’s correct on that.” —LDF, GMA News

https://www.gmanetwork.com/news/news/nation/725904/abs-cbn-can-apply-for-new-franchise-if-solgen-wins-sc-case-palace/story/

Senate’s ABS-CBN franchise probe won’t clash with House action – solons

Two members of the House of Representatives recognized the prerogative of the Senate to conduct its own investigation on the compliance of ABS-CBN with its franchise.

Isabela Rep. Antonio Albano, vice chairperson of the House committee on legislative franchises, said the probe in the Senate “does not in any way conflict with our committee power to hear the same violations in our franchise committee.”

In a text message to INQUIRER.net, Albano said the merits of the Senate investigation will be treated as “additional information” when the House conducts public hearings on the renewal of ABS-CBN’s franchise.

This was seconded by Ako Bicol Rep. Alfredo Gabin Jr., also a member of the House committee tasked to tackle the franchise renewal of the country’s largest media network.

“That’s also their (Senate) prerogative to conduct a hearing regarding the issues involving the franchise of ABS-CBN. Prerogative nila ‘yun (That’s their prerogative) as a matter of legislative courtesy, I would say prerogative nila ‘yun (that’s their prerogative),” Garbin told House reporters.

Senator Grace Poe, chair of the Senate public services committee, filed a resolution on Wednesday seeking to look into “the operations of ABS-CBN Corporation to determine compliance with the terms and conditions of its franchise under Republic Act No. 7966.”

Senate President Vicente Sotto III said he will call for a caucus next week to discuss the said resolution.

At the House, 11 bills have been filed endorsing the franchise renewal of ABS-CBN, which license to operate is set to lapse on March 30.

Despite this and growing calls for immediate House action, the committee on legislative franchises has yet to schedule a hearing on the matter.

Maintaining objectivity

In the Senate resolution, Poe cited the quo warranto petition filed by the Office of the Solicitor General (OSG) which claimed that the media network giant violated terms in its legislative franchise.

Albano said he cannot “further comment on the ‘merits of the abuse’ that is allegedly being heard by Sen. Grace Poe because this will prejudice my judgment as a vice chairman of the [House] committee [on legislative franchises].”

“It’s only but fair to inhibit myself in reading any of the findings and statements made during such an investigation of the Senate, so I can maintain my objectivity regarding the renewal of the ABS-CBN franchise,” Albano said.

“I even urge my colleagues in the House to try to refrain commenting on the ‘merits of the case’ of ABS-CBN, so that when we hear this ABS-CBN bill in the plenary to vote upon whether to renew or not to renew the ABS-CBN franchise, then we as a whole in Congress will not be accused of biases in our collective decisions,” the lawmaker added.

https://newsinfo.inquirer.net/1228381/senates-abs-cbn-franchise-probe-wont-clash-with-house-action-solons

Poe seeks Senate hearing on ABS-CBN franchise

A media crew cab enters the ABS-CBN Broadcasting Center, the office of the country's top broadcast network, following a move by the Philippine government to scrap its franchises, in Quezon City, Feb. 10, 2020. Eloisa Lopez, Reuters

(UPDATE) — Sen. Grace Poe on Thursday called for a legislative hearing on ABS-CBN's compliance with its franchise, which the government's chief lawyer questioned before the high court ahead of its expiry in March.

Poe, chairperson of the Senate Committee on Public Services, called for a hearing after Solicitor General Jose Calida asked the Supreme Court to revoke ABS-CBN's franchise citing several violations.

The House of Representatives franchise committee has yet to open hearings on several bills seeking its renewal.

The senator said her committee would look into ABS-CBN's "compliance with the terms and and conditions of its franchise."

Poe acknowledged ABS-CBN's public statements that it did not violate any law. At the same time, she said, under the Constitution, a franchise is "subject to amendment, alteration or repeal by the Congress when the common good so requires."

An inquiry into Calida's allegations against the network "is in order," said Senate Presidente Vicente "Tito" Sotto.

"Maganda para magkaroon din ng pagkakataon ang ABS-CBN na maeksplika, at hindi iyong kung anong naririnig lang, itong sinasabi na alleged violation na ito," he told DZMM.

(This is good so that ABS-CBN will have a chance to explain, instead of us relying on hearsay, about this alleged violation.)

Isabela 1st District Rep. Antonio Albano, vice-chair of the House Committee on Legislative Franchises, said Poe has the right to hold Senate hearings on ABS-CBN's compliance with franchise rules.

He said this "does not in anyway conflict" with the House committee's "power to hear the same violations in our franchise committee."

The lawmaker said he would hold comments on the committee's eventual findings "so I can maintain my objectivity regarding the renewal of the ABS-CBN franchise."

He said he would also urge his House colleagues not to make comments on the matter as the chamber is set to take up bills on the network's franchise renewal.

"The committee leaders and members have to be impartial and fair to ABS-CBN, and we will treat the merits of Sen. Poe’s investigation as additional information when she finishes her investigation in aid of legislation during our open to the public committee hearings where ABS-CBN franchise is taken up," he said in a statement.

ABS-CBN secured a 25-year franchise under Republic Act 7966, which was enacted on March 30, 1995.

Calida claimed in a quo warranto petition filed last Monday that ABS-CBN violated the constitutional ban on foreign ownership and went “beyond the scope of its legislative franchise” for “broadcasting for a fee.”

ABS-CBN, whose news and entertainment shows reach tens of millions of Filipinos online and via TV and radio, said it "did not violate the law."

Advocates said the government move was the latest attack on press freedom under President Rodrigo Duterte. His spokesman and chief legal counsel, Salvador Panelo, said the chief executive was not involved in the Calida petition.

Duterte taunted ABS-CBN in a speech in December, telling the owners to sell it. "ABS-CBN, your contract is about to expire. If I were you, you're better off selling it," he said.

https://news.abs-cbn.com/news/02/13/20/poe-seeks-senate-hearing-on-abs-cbn-franchise

Duterte ABS-CBN approve or veto ‘can be overturned’

The renewal of television network ABS-CBN’s congressional franchise is entirely up to Congress, which could even overturn a presidential approval or veto, presidential spokesperson Salvador Panelo said on Wednesday.

“(W)hen it comes to the franchise, it is only Congress that could grant it. Even if Mr. Duterte vetoes the grant, Congress could overrule the approval or veto,” Panelo said amid outrage over Solicitor General Jose Calida’s filing of a quo warranto petition for the revocation of the network’s franchise before the Supreme Court on Monday.

Panelo maintained that President Duterte believes in “let(ting) the law take its course.”

Should the Supreme Court grant Calida’s quo warranto petition, the network could always apply for a new franchise, he added.

ABS-CBN’s existing franchise lapses on March 30.

Panelo said Duterte’s earlier threat of “see(ing) to it that you’re out” addressed to network executives was “just a statement of displeasure because of what ABS-CBN did to him. (I)t has nothing to do with (Calida’s) petition for quo warranto,” Panelo said, referring to Mr. Duterte’s complaint that the network did not air his political ads during the 2016 presidential campaign.

Panelo also advised members of the House of Representatives tasked by law to approve the franchise to “ignore” the President’s “statement of displeasure” against ABS-CBN.

Act  of solidarity

The Malacañang Press Corps issued a statement on Wednesday saying it “firmly advocates respect for press freedom as an act of solidarity with ABS-CBN.”

Other organizations trained their guns on Calida, with the Justice and Court Reporters Association (Jucra) calling out his on-camera censure of ABS-CBN court reporter Mike Navallo for his allegedly biased stories.

“We believe such veiled threats to reporters, especially when coming from a government official, have no space in a democracy,” the Jucra statement read.

‘Parasitic assault’

The Consortium on Democracy and Disinformation called Calida’s move “a parasitic assault” and warned that his “abuse (of) the quo warranto remedy despite the fact that Congress retains the power to review broadcasting franchises, only underscores the grave threat this petition poses to our fundamental freedoms and our democratic processes.”

Bayan Muna chair Neri Colmenares also accused the Office of the Solicitor General of transforming the office into a “biased institution … being used to exact revenge on behalf of President Duterte.”

For its part, the University of Santo Tomas journalism faculty issued a statement comparing Calida’s petition to a “virus inflicted upon citizens” and warned of “pandemic consequences.” —With reports from Donza Z. Pazzibugan, Jhesset O. Enano

https://newsinfo.inquirer.net/1228068/duterte-abs-cbn-veto-can-be-overturned

ABS-CBN will not be shut – senators

ABS-CBN Corp. broadcast network can continue to operate even beyond the expiration of its franchise on March 30, senators said on Wednesday.

Senate President Vicente Sotto 3rd and Sen. Christopher Lawrence “Bong” Go shared the view that the network would not be shut down should the 18th Congress fail to renew its franchise. They said the company would only have to obtain a permit from the National Telecommunications Commission (NTC) to continue operating.

Several bills seeking to renew the broadcast firm’s franchise are pending with the House of Representatives.

Asked whether the network can still operate if Congress fails to renew its franchise, Sotto said, “yes.”

“Even provisional authority is not necessary because as long as there is a pending franchise, or pending bill for extension of franchise, they are deemed extended. Ganun ‘yun (That’s how it is),” he explained.

“They can still operate. If it is not approved until March 2022, that is the only time that it is terminated. As long as there’s a pending bill [for franchise renewal], it is deemed extended.

It has happened so many times in other franchises,” the Senate president said.

Go meanwhile said that the March 30 expiration of ABS-CBN’s franchise would take effect on May 5. “I think, there are 45 days after [it can take effect].”

“So, ‘pag hindi pa po na-re renew ng Congress pwede sila mag-operate with temporary permit mula sa NTC (So, if Congress fails to renew [its franchise], they can operate [under] temporary permit from the NTC),” he said in an interview.

“Kung wala pang ginagawa ang Congress (If Congress fails to act [on pending bills for its franchise renewal], walang approval (if there was no approval), no action taken by Congress they can still operate with temporary permit from NTC,” Go stressed.

“In 2022, wala pa ring nangyari, ‘yun na ‘yun, doon siya ((If in 2022 nothing happens, that’s it. That is when it is) deemed terminated. Hintayin nila ‘yung bagong Congress, magfile ng bagong franchise (They have to wait for the new Congress to file a new franchise),” Sotto said.

Rep. Antonio “Tonypet” Albano, vice chairman of the Committee on Legislative Franchises at the House of Representatives, expressed the same view.

“Senate President Sotto and I have already explained so many times that ABS-CBN may actually legally continue to operate under its existing franchise until that is formally terminated or until the end of the 18th Congress,” Albano said.

Eleven bills seeking to renew ABS-CBN’s franchise are pending at the committee level. The panel has yet to set a schedule a hearing.

Albano said that the committee would tackle the franchise bills based on House processes.

“On the matter of the franchise of ABS-CBN, we must and are proceeding steadily but cautiously given the highly-charged atmosphere among those who are against and in favor of its renewal,” the lawmaker said. “While we understand the concerns aired by various sectors, including our colleagues in the Senate, we stand by our process and refuse to be stampeded or coerced into making hasty decisions for political mileage.”

He urged the network to respond to the concerns raised by the Office of the Solicitor General in its quo warranto petition filed before the Supreme Court.

“At this time, we urge the network to just respond to the issues raised by the solicitor general Jose Calida as it is highly probable that those same concerns will be tackled in our hearings. But more than this, following the advice of the Speaker for soul-searching, this might be the most opportune time for the company to try to understand why public sentiment is also against the station,” Albano said.

“As a government franchisee, the network’s continued operation relies heavily on its ability to serve the public good. As it stands now, there are serious concerns being raised against ABS-CBN by various sectors not just by the President and the Speaker and other politicians and business people as to its business practices and its delivery of information to the public,” he added.

No pressure

Also on Wednesday, Malacañang maintained that President Rodrigo Duterte has not exerted any pressure on Congress in connection with the issue.

“The President absolutely is not lobbying, and there is no lobby coming from members of Congress to him because members of Congress know that the President does not entertain any call from them in relation to any measure being discussed in Congress,” Palace spokesman Salvador Panelo said.

Panelo had said that the President had no hand in the filing of the quo warranto petition against the network.

The Malacañang Press Corps (MPC) also issued a statement that it stands for the protection of press freedom and right to information.

“The MPC deplores any attempt to curtail these freedoms, in any way and form,” it said.

“In recent years, the MPC has taken a stand against threats and attacks on press freedom, including efforts to spread fake news and discredit the traditional media,” it added.

The MPC said “it will remain vigilant against attempts to weaponize legal remedies and processes to suppress free expression, a key component of a healthy democracy and a right enshrined in the constitution.”

WITH DIVINA NOVA JOY DELA CRUZ AND REINA TOLENTINO

https://www.manilatimes.net/2020/02/13/news/headlines/abs-cbn-will-not-be-shut-senators/685533/

House panel OKs proposed division of Maguindanao

COTABATO CITY -- A proposal to divide the province of Maguindanao into two has been approved by the House Committee on Local Government, a Maguindanaon lawmaker said Wednesday.

The committee approved the bill on the “Creation of two provinces of Maguindanao,” which is a consolidation of two earlier House bills, namely the Western Maguindanao Province House Bill 4840 of Maguindanao 1st District Rep. Datu Roonie Q. Sinsuat Sr. and Southern Maguindanao Province House Bill 3405 of Maguindanao 2nd District Rep. Esmael G. Mangudadatu.

“I would like to make it clear that the House of Representative approval on Tuesday for the division of Maguindanao is yet on the committee level,” he said over radio dxMY here Wednesday.

Sinsuat said deliberations on the proposal began on Jan. 28, but asked the committee for a postponement so he and Mangudadatu could settle minor differences into their separate bills.

“For the next two weeks we had enough time to consolidate our bills,” Sinsuat said.

Mangudadatu said the proposal to divide the province has yet to pass the plenary for the committee report, followed by interpolation and debates on the proposition.

“What is important is that we have arrived at a unanimous decision at the committee level to dive the province for faster development,” Mangudadatu said in a separate interview by the Philippine News Agency here.

Under the proposal, the province, which has 36 towns, would be divided into Maguindanao del Norte and Maguindanao del Sur.

Maguindanao del Norte would include 11 towns, mostly in the province’s first district that includes Datu Odin Sinsuat, Datu Blah Sinsuat, Sultan Kudarat, Sultan Mastura, Upi, Kabuntalan Mother, Northern Kabuntalan, Parang, Buldon, Matanog and Barira.

Datu Odin Sinsuat town is the proposed capital of Maguindanao del Norte.

On the other hand, Maguindanao del Sur would comprise the towns of Municipalities of Pagalunga, Buluan, Sultan sa Barongis, Shariff Aguak, Talayan, South Upi, Datu Piang, Datu Paglas, Ampatuan, Libutan, General Salipada K. Pendatun, Mamasapano, Sultan Sumagka, Datu Montawal, Paglat, Guindulungan, Datu Saudi-Ampatuan, Datu Unsay, Datu Abdullah Sangki, Rajah Buayan, Pandag, Mangudadatu, Datu Anggal Midtimbang, Datu Hoffer Ampatuan, Datu Salibo and Shariff Saydona Mustapha.

Maguindanao del Sur’s capital is in Buluan town.

In the proposed law it stated "Any municipality that may hereafter be created within the jurisdiction of their provinces shall automatically form part of its constituent units."

Section 7 of the proposed law stated "The province of Northern Maguindanao shall have its own legislative district in the next national and local elections after the effectivity of this Charter. Henceforth, the municipalities of Barira, Buldon, Matanog, Parang, Sultan Kudarat and Sultan Mastura shall comprise the 1st Legislative District of the Province of Northern Maguindanao while the municipalities of Datu Blah T. Sinsuat, Datu Odin Sinsuat, Kabuntalan, Northern Kabuntalan and Upi shall comprise the 2nd Legislative District of the Province of Northern Maguindanao and the municipalities of Ampatuan, Buluan, Datu Abdullah Sangki, Datu Anggal Midtimbang, Datu Hoffer Ampatuan, Datu Montawal, Datu Paglas, Datu Piang, Datu Salibo, Datu Saudi-Ampatuan, Datu Unsay, General Salipada K. Pendatun, Guindulungan, Mamasapano, Mangudadatu, Pagalungan, Paglat, Pandag, Rajah Buayan, Shariff Aguak, Shariff Saydona Mustapha, South Upi, Sultan sa Barongis, Sultan Sumagka and Talayan shall comprise the Lone Legislative District of the Province of Southern Maguindanao. For the purpose of this section, Cotabato City shall have its own legislative district effective upon the election and qualification of its representative to be held on the second Monday of May in the year 2022. The incumbent Representatives of the present Province of Maguindanao shall continue to represent their respective legislative districts until the expiration of their term of office."

Both Sinsuat and Mangudadatu said they earlier met with Maguindanao Governor Bai Mariam Sangki-Mangudadatu and the mayors of the province and all have supported the proposal.

https://www.pna.gov.ph/articles/1093618

Other media networks allowed to operate despite expired franchise, solon says

A Philippine lawmaker on Wednesday cited other companies that continued broadcast operations despite expired franchises in the past, a scenario that should also apply to ABS-CBN Corp. while Congress is tackling bills for its new franchise.

AKO Bicol Rep. Alfredo Garbin, who filed one of the bills, said GMA Network, Inc., Smart Communications, Inc., Philippine Telegraph & Telephone Corp. (PT&T) and the Catholic Bishops Conference of the Philippines (CBCP) were allowed to operate their businesses beyond the expiry of their respective franchises.

"We have a uniform principle applied by the Senate and the kung saan there were franchises, whether it be application for grant amendment, or renewal, even if it lapsed, as long as it is filed timely and during the pendency of the Congress wherein the application was filed, binibigyan sila ng palugit (they are given allowance), pending the approval of their applications,” Garbin told reporters.

He said this principle was applied to the franchise of GMA Network, that expired on Mar. 20, 2017, and was renewed through a law signed by President Rodrigo Duterte on April 21, 2017.

The lawmaker also presented a letter from the National Telecommunications Commission to Palawan Rep. Franz Alvarez, chair of the House legislative franchises committee, citing the expiry of the CBCP's franchise on Aug. 4, 2017.

In the Feb. 12, 2018 letter, NTC commissioner Gamaliel Cordoba cited the following remarks of former House committee chair Marikina Rep. Marcelino Teodoro: "considering the period that a legislative measure takes to get approved, the said grantee’s franchise term lapsed November 2015 but its application for renewal is still within the term of the 16th Congress.”

Garbin said that if applied on ABS-CBN, the company has until the end of the 18th Congress that coincides with the end of President Rodrigo Duterte's term in mid-2022.

Senate President Vicente "Tito" Sotto III and Isabela Rep. Antonio Albano, vice chair of the House franchise committee, earlier said ABS-CBN will not shut down when its franchise expires March 30.

Duterte has repeatedly said he will block the franchise renewal of ABS-CBN Corp., citing its alleged biased reporting and failure to air his political advertisement during the 2016 presidential elections campaign period.

On Monday, the government's top counsel filed a quo warranto petition against the broadcast giant for alleged violations of its franchise and other relevant laws.

Some sectors regard the developments as a threat to press freedom, a view not shared by the administration.

https://news.abs-cbn.com/news/02/12/20/other-media-networks-allowed-to-operate-despite-expired-franchise-solon-says

Albano on ABS-CBN franchise: ‘Please do not pressure us so much’

Admitting that they were receiving pressure from both those in support and against the renewal of franchise of ABS-CBN, the vice-chairperson of the House panel tasked to tackle the extension of the network’s broadcasting right has one request: “Please do not pressure us so much.”

Isabela Rep. Antonio “Tonypet” Albano, who serves as the vice-chairperson of the House committee on legislative franchises, made the call Wednesday as the clock ticked before the expiration of ABS-CBN’s franchise on March 30.

“My statement and the Speaker’s statement, and the House of Representatives’ statement and Chairman Chikoy Alvarez’s statement is that please, do not pressure us so much because we are taking pressures from both sides of the aisle—no less than the President and even networks and even journalists are giving us tremendous pressure,” Albano said in a press briefing.

Such pressure, Albano said, would create biases among members of their committee.

“If there are biases, then we will not be able to do our good job in determining whether or not we should permit and allow again ABS-CBN—it’s the franchise to be renewed,” the lawmaker added.

Asked to detail about the said pressure, Albano said they are receiving pressure from both those for and against the franchise renewal.

“It is such a fact and everyone knows that we have pressures coming in from both sides of the realm—pros and cons. Even pressures from journalists like you and especially for ABS-CBN, it is normal to have all these pressures given the sides that you are fighting for,” Albano said.

“If you’re against ABS-CBN, especially the pressure coming from no less than the President and now the Solicitor General and other politicians and senators doing backdoor channeling, syempre ayaw nila magpa-identify ( of course, they don’t want to be identified),” he added.

Republic Act No. 3846 requires television and radio broadcasting companies to secure a franchise from the government before they are allowed to operate. It is Congress that will decide whether to extend the franchise to public utilities, such as the media.

Currently, there are at least 11 bills filed in the House seeking to renew the franchise of ABS-CBN, which is one of the biggest media outlets in the country. Its franchise is set to expire on March 30.

But despite the number of bills filed in support of the renewal of the media giant’s franchise, the House committee on legislative franchises has yet to tackle the issue.

https://newsinfo.inquirer.net/1227831/fwd-albano-on-abs-cbn-franchise-please-do-not-pressure-us-so-much

House panel proceeding 'cautiously' on ABS-CBN franchise renewal: Albano

The House committee tasked with hearing bills renewing ABS-CBN’s franchise refuses to be “coerced” into deciding on the measures, its vice chairperson said on Wednesday.

Isabela 1st District Rep. Antonio Albano, vice-chair of the House Committee on Legislative Franchises, said the panel would not be "stampeded" into hasty decisions on the renewal of the leading broadcast network's franchise.

This amid calls within the chamber and among media organizations and supportive groups for House action on the bills. A total of 11 proposals are pending in the House for the renewal of ABS-CBN's broadcast franchise, set to expire on March 30, 2020.

"While we understand the concerns aired by various sectors - including our colleagues in the Senate - we stand by our process and we refuse to be stampeded or coerced into making hasty decisions for political mileage," said Albano in a statement.

Citing earlier statements of House Speaker Alan Peter Cayetano, Albano said: "...[W]e must and we are proceeding steadily, but cautiously given the highly charged atmosphere among those who are against and in favor of its renewal."

President Rodrigo Duterte has repeatedly said he would block ABS-CBN's franchise renewal, saying that it did not air his ads during the May 2016 presidential campaign, among others.

On Monday, the government's top counsel filed a quo warranto petition before the Supreme Court seeking to invalidate ABS-CBN's current franchise citing alleged violations of law.

Malacañang said the quo warranto petition had nothing to do with the President's earlier statements against the network.

ABS-CBN Corp on Monday said the petition to revoke its legislative franchise was “ill-timed,” and insisted that it did not violate any law as well as the constitutional ban on foreign ownership.

“We did not violate the law. This case appears to be an attempt to deprive Filipinos of the services of ABS-CBN,” the company said in a statement.

Albano also called on ABS-CBN to respond to Calida's allegations, saying "it is highly probable that those same concerns would be tackled" in the House hearings.

He also made reference to Cayetano's earlier statement urging media, especially ABS-CBN, to do some "soul-searching."

"...[T]his might be the most opportune time for the company to try and understand why public sentiment against the station is running high," he said.

"As a government franchisee, the network’s continued operation relies heavily on its ability to serve the public good. As it stands now, there are serious concerns being raised against ABS-CBN by various sectors - not just by the President and the Speaker - as to its business practices and its delivery of information to the public," he said.

ABS-CBN Corp. has been operating for 66 years, running free TV and cable channels as well as AM and FM radio stations.

On Tuesday, Albano and Senate President Vicente Sotto III said the network may continue its broadcast operations until the end of the 18th Congress as renewal bills have already been filed.

https://news.abs-cbn.com/news/02/12/20/house-panel-proceeding-cautiously-on-abs-cbn-franchise-renewal-albano

Panelo: Congress can overturn if Duterte vetoes ABS-CBN franchise renewal

By Genalyn Kabiling

Congress can overturn any approve or veto of President Duterte if such an option is applied to block a bill renewing the franchise of ABS-CBN network, a Palace official has said.

Presidential Spokesperson Salvador Panelo recognized that Congress has the authority to grant or renew the legislative franchise of the broadcast network despite the President’s “displeasure” with the firm.

“Let me say that the grant of a franchise falls exclusively within Congress,” Panelo told reporters at the Palace last Tuesday.

“Even in the—because some people are saying, ‘Oh but the President can approve or veto,’ in the event that the renewal is given by the Congress and the President approves it. Again, the Constitution says that can be by a two-thirds vote,” he said.

Panelo made the remarks after the Office of the Solicitor General filed before the Supreme Court a quo warranto petition seeking to nullify the network’s franchise. The government lawyer argued that the network has violated certain laws, including the constitutional ban on foreign ownership.

The Lopez-owned network denied the allegations made by the Solicitor General, insisting that it has not violated the law.

Panelo maintained that President Duterte has “nothing to do” with the legal action taken by Solicitor General Jose Calida.

“The filing of a petition for quo warranto is on the initiative of the Solicitor General pursuant to his constitutional duty to file any action in court in the event of any, from his point of view, transgression of any law,” he said.

He also explained the President’s criticisms of the television network were part of freedom of expression.

“Whatever utterances the President made in relation to ABS-CBN came from his displeasure of being a victim of fraud relative to his paying for his campaign commercial that never was aired,” he said.

“Now, those utterances fall within the freedom of expression, and we cannot deprive him of that given that the Constitution grants that to all citizens of the country. We will leave it to the Supreme Court vis-à-vis that petition.”

https://news.mb.com.ph/2020/02/12/panelo-congress-can-overturn-if-duterte-vetoes-abs-cbn-franchise-renewal/

House committee had no time to prioritize ABS-CBN franchise —Rep. Albano

The House Committee on Legislative Franchises did not have enough time to prioritize the franchise of ABS-CBN, its vice chair Isabela 1st District Representative Antonio Albano said on Wednesday.

Albano told Dobol B sa News TV in an interview that lawmakers had been busy in the past few months that they did not have the time to set a schedule to discuss the franchise of the broadcasting company.

“Hindi ganu'n kadali mag-schedule ng hearing. Ang daming nangyayari in the past few months that we did not have the time to sit down to see whether we can calendar the ABS-CBN franchise,” he said.

Albano however said House leaders and the committee prioritize issues that need to be attended to urgently like matters connected to the Taal Volcano eruption, even if these are not included in the calendar.

Speaker Alan Peter Cayetano and committee chair Representative Franz Alvarez tried to look at the said franchise issue but there were other bills that have been filed first, Albano said in a separate interview on ANC.

“Alangan naman laktawan namin ang mga nauna para sa ABS-CBN,” he added.

Albano noted that they also have to review pending petitions for the franchise legislation of other networks and radio stations.

“Even in the 17th Congress, this bill has already been filed. Pero kung gusto niyong mag-blame game, even the 17th Congress did not act on it because of so many pressing issues,” he said.

“It is unfair to call our committee of stonewalling. We need to follow our own rules and regulation,” he added.

ABS-CBN’s franchise will expire on March 30. The bills seeking its renewal have been pending in the House since August 2019.

Albano however pointed out that the broadcast company can still operate even if its legislative franchise has lapsed.

“Hindi naman porke't sa March 30 mag-lapse ang legislative franchise ng ABS-CBN, automatically they will cease to stop operations, dahil mayroon tayong sinasabing presumption of regularity,” he said.

As long as Congress does not deny its franchise, the broadcasting company can still operate. According to Albano, the presumption of regularity is commonly applied to those with pending petitions.

President Rodrigo Duterte had consistently threatened to revoke ABS-CBN's franchise, as he claimed the network did not air his paid political advertisements during the 2016 election campaign.

ABS-CBN’s franchise is also at risk as Solicitor General Jose Calida filed before the Supreme Court on Monday a quo warranto petition for its forfeiture over “highly abusive practices.” —Joviland Rita/KG, GMA News

https://www.gmanetwork.com/news/news/nation/725770/house-committee-had-no-time-to-prioritize-abs-cbn-franchise-rep-albano/story/

Can ABS-CBN still operate pending approval of franchise?

RALLY FOR ABS-CBN Employees of the TV network and their supporters stage a rally at Boy Scout Circle on Tomas Morato Avenue in Quezon City on Tuesday to protest moves aimed at revoking the franchise of the media giant that they claim amount to an attack on press freedom and puts thousands of jobs in danger. —EDWIN BACASMAS

The ABS-CBN universe does not end after March when its 25-year legislative franchise will have lapsed, according to two lawmakers.

Senate President Vicente Sotto III and Isabela Rep. Antonio Albano said on Tuesday the TV network could still operate as long as bills for the extension of its franchise were pending.

But Senate Minority Leader Franklin Drilon did not think so, saying ABS-CBN would not be able to operate without a renewed franchise.

The two opposing views were aired on Tuesday, a day after Solicitor General Jose Calida asked the Supreme Court to revoke the network’s privilege to operate because it violated the terms of its franchise and the Constitution.

Compliant

ABS-CBN Corp. said it was compliant with the law and the Constitution.

Acting on Calida’s quo warranto petition, the Supreme Court ordered the broadcast network to respond to his allegations that it violated its franchise conditions and the prohibition against foreign media ownership.

In their weekly full-court session on Tuesday, the justices gave ABS-CBN 10 days upon getting an official copy of the petition to submit its reply.

‘Deemed extended’

“As long as there is a pending bill for extension of franchise, they are deemed extended,” said Sotto, who used to head the committee on public services that handles franchises.

This means that if the bill remains pending and is not heard, ABS-CBN could still operate until 2022, when the term of the current Congress ends, Sotto said.

“If it is not approved until December 31, 2022, that is the only time it is terminated,”he added.

Sotto noted that this had been the case in other franchises that were not expressly renewed before these expired.

Albano sought to ease fears that the nonrenewal of the ABS-CBN franchise would cause the company’s immediate shutdown. It can still be allowed to operate while the 18th Congress deliberates on its new application, he said.

Albano said the media giant could request a provisional authority from the National Telecommunications Commission to be allowed to operate pending renewal of its franchise, or until Congress decides to approve or reject it.

‘Behind closed doors’

ABS-CBN’s franchise expires on March 30. Congress takes a break starting March 11.

Disputing allegations that the House committee on legislative franchises was sitting on several measures for the renewal of ABS-CBN’s franchise, Albano said the panel had been holding closed-door meetings to tackle the matter.

“We assure the public that we will hear the case later,” he said, noting that the committee chair and House leadership had been closely monitoring events. “We have other issues to tackle before we can tackle ABS-CBN.”

Ponder reforms

House Speaker Alan Peter Cayetano, meanwhile, urged ABS-CBN and the entire media industry to ponder reforms that, he said, were needed for them to better serve God and the Filipino people.

Sotto said that if the House of Representatives did not want to grant ABS-CBN a franchise, it should just deny its application.

The Senate President said he would seek a meeting of the mini Ledac, or Legislative-Executive Development Advisory Council, to determine the position of the House on the issue.

The meeting may take place next week. “At the moment, we’re handcuffed. Until it (the bill on ABS-CBN franchise renewal) reaches the Senate, we can’t do anything about it,”Sotto said.

The Senate is expected to approve the renewal of the network’s franchise, Majority Leader Juan Miguel Zubiri said on Monday. Most senators are in favor of it, he said. 

Sen. Nancy Binay is one of those who have spoken up in favor of the franchise, even though she said ABS-CBN had not treated her family well.

“Because it’s not about me,” Binay told reporters.

Access to information

“I understand the complaints about ABS-CBN, but freedom of information and access to information are more important. I think if ABS-CBN closes down, it would be a big blow to our access to information,” she added.

Binay was also concerned about the thousands of workers in the network who could lose their jobs.

“I’m not comfortable with the idea that we would let the franchise lapse into expiration without having it undergo the proper process. It would seem like we’re not doing our work,” she said.

If there is a problem in the franchise, it could be cured through amendments, she said.

“How can we talk about what needs to be fixed in the franchise if there is no hearing?”she said.

Political judgment

Drilon said the House could not be held accountable for not holding a hearing on the ABS-CBN franchise.

“They are not required to act on this recommendation. This is an exercise of political judgment. The members of Congress are answerable to the people insofar as this is concerned. You cannot even go to court and compel Congress to renew the franchise,”he said.

Baffled

He said he was baffled by the Office of the Solicitor General’s filing of a quo warranto petition in the Supreme Court, noting that the franchise would expire in a little over a month. 

“I don’t think the court can rule on the petition and in 50 days, the issue will become academic if the franchise is not renewed,”he said.

“Now, if Congress will grant the franchise, it must be Congress which will hear of the arguments of the alleged violation of the existing franchise and take this into account in renewing or not renewing the franchise of ABS-CBN. The jurisdiction is with Congress at this point.”

ABS-CBN has been the target of President Duterte’s tirades since he took office in 2016. He has denounced the TV network for not airing his campaign ads even if he had paid for them.

Abuse of power

Joining the calls of condemnation of journalists and rights groups, Vice President Leni Robredo on Tuesday called government attempts to shut down ABS-CBN abuse of power.

In a statement, Robredo called on members of Congress to uphold the freedoms of the press and of expression.

“Let us be clear: What is happening now is contrary to the usual process of franchise renewal,”she said. “This is harassment that is being done to serve the agenda of the few in power.”—With a report from Jhesset O. Enano

https://newsinfo.inquirer.net/1227470/can-abs-cbn-still-operate-pending-approval-of-franchise

Cayetano to ABS-CBN: This is a time for soul searching

In the wake of the public furor coming from the Solicitor General’s filing of a quo warranto case before the Supreme Court asking for the forfeiture of the legislative franchise of broadcast network ABS-CBN, House Speaker Alan Peter Cayetano is urging the network to do some “soul-searching” to reflect on “how we have all reached this point.”

According to Cayetano, “Under the leadership and guidance of President Duterte, many of our nation’s institutions - including Congress - has had to take a long hard look at itself. To reflect on what our role is in nation-building and what reforms are needed and how best we can serve God and the Filipino people. Maybe the media, especially ABS-CBN, should also take this critical time (to do the same).”

He also explained that in line with the President’s legislative agenda, the franchise renewal of ABS-CBN is among issues affecting the nation that Congress has been carefully reviewing.

“This is why we continue to work closely with Malacañang regarding the important issues affecting the country, including the  passage of the National budget, and several priority bills of the President such as securing sources of revenue to fund free quality education and universal healthcare.”

Other more recent concerns cited by Cayetano include the spread of NCoV and the African Swine Flu, the rehabilitation efforts in areas affected by the Taal Volcano eruption, and the Visiting Forces Agreement.

The Speaker assured that Congress will fulfill its constitutional mandate to review and decide on the the franchise issue, despite the Office of Solicitor General’s pending action before the Supreme Court.

"This constitutional duty of Congress does not preclude other branches of government to do as it sees fit with regard to this matter. But neither should it divest Congress of its powers nor will their actions stop us from doing what we must do, " Cayetano emphasized.

Further, Speaker Cayetano affirms Congress’ commitment  to conduct an impartial hearing “where those who are against or in favor of the renewal may make their case.” He noted that this is consistent with the President’s stand on the protection of the freedom of expression.

As to the timetable for the hearings, Cayetano says that while “there are certain interests who want to rush this process, we stand by the leadership of the 18th Congress and The Committee in Legislative Fanchises on how to  prioritize urgent and important legislation.

We also commit that the 18th Congress shall study this issue from all aspects in order to protect the interest of the public.”

http://www.congress.gov.ph/press/details.php?pressid=11823

Schedule to tackle ABS-CBN’s franchise up to House leaders, says solon

The waiting goes on for the House of Representatives’ action on the pending bills calling for the renewal of ABS-CBN’s legislative franchise. But when will the lower chamber finally deal with the measures?

“To be honest here, it is up to the leadership of Congress – the Speaker, the House committee chair, and our leaders – to decide when to hear it,” according to Isabela Rep. Antonio “Tonypet” Albano, vice-chairperson of the House committee on legislative franchises.

Franchise of the country’s largest broadcasting company is set to lapse on March 30, 2020, or 48 days from today. But as of Tuesday, February 11, the matter has yet to be scheduled for a hearing by House panel.

Currently, there are 11 pending bills in the lower chamber seeking the renewal of ABS-CBN’s franchise.

Albano said the committee is also handling other proposed measures.

“It doesn’t mean that if you filed a petition for us to hear the case right away that the leadership and the House committee on legislative franchises will hear it right away because we do have a schedule also to follow,” Albano told reporters.

Albano, however, assured that the House committee on legislative franchises will tackle ABS-CBN’s franchise even saying that it was among the topics in the committee’s closed-door meetings.

“We assure the public later on that we will hear the case because our chairman and the leadership of the House, in particular, have been closely monitoring the events but we also have a lot of other issues to tackle before we can tackle the ABS-CBN franchise,” Albano said.

“As vice chairman of the committee on franchise, I know for a fact that we are already having closed-door meetings about this especially that the issue has caught up and especially that the deadline is there. But of course we submit to the leadership of the House, the chairperson to be able to hold this committee on franchise nitong (of) ABS-CBN,” he added.

Albano explained the closed-door meetings were being held so that they will not be “pressured by any sides.”

“Remember that it is stated in the Constitution that Congress is the sole prerogative entity that is tackling all the franchises here in the Philippines so this is one of the reasons why we wanted closed-door sessions is that we didn’t want any pressure from anyone in particular so that our decisions will not be biased in the end when we start hearing the cases,” the lawmaker said.

Edited by KGA

https://newsinfo.inquirer.net/1227283/schedule-to-tackle-abs-cbns-franchise-up-to-house-leaders-says-solon

House holds closed-door meetings on ABS-CBN franchise renewal bills

The House Committee on Legislative Franchises conducted closed-door meetings on the 11 pending bills renewing the franchise of broadcasting company ABS-CBN, House Committee on Legislative Franchises Chairman Antonio Albano said Tuesday.

“We are having closed-door meetings because we don’t want to be pressured by any side. Remember that it is enshrined in the Constitution that Congress has the sole prerogative, or entity that is tackling all the franchises in the Philippines,” Albano said.

Article 12, Section 11 of Philippine Constitution states that "no franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least sixty per centum of whose capital is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years."

The same Constitutional provision also states that "neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires, and that the State shall encourage equity participation in public utilities by the general public.

“Our decision will not be biased in the end… let me assure you [that] when we get the leadership to agree on a set date, we will announce as soon as possible,” Albano added.

Buhay party-list representative Jose “Lito” Atienza on Monday called on House Committee on Legislative Franchises Chairman and Palawan representative Franz Alvarez to resign from his post as panel chair after his committee failed to act on the 11 ABS-CBN franchise renewal bills that had been pending since August 2019.

Also on Monday, Solicitor General Jose Calida filed a quo warranto case seeking to void ABS-CBN's franchise due to alleged violations of the Constitutional ban on foreign ownership and due to the broadcaster allegedly bypassing the authority of the National Telecommunications Communication.

Speaker's call

Albano insisted that the Committee planned to deliberate on the franchise renewal bills soon, but setting that plan in motion ultimately depended on Speaker Alan Peter Cayetano.

“We do plan to deliberate on it as soon as possible. Our chairman and leadership of the House has been closely monitoring the events but we also have a lot of things to tackle before we tackle the ABS-CBN franchise. Of course, we submit to the leadership of the House, the chairperson,” Albano said.

Likewise, Albano said that Alvarez should not resign from his post, even describing him as a hard worker despite the 11 pending bills.

“We know for a fact that we have a hardworking chairman, that the chairman is doing his best. This is not the only bill, the only franchise that was filed in the committee. We respect [Atienza] but our opinion is there’s no need for our chairman to resign,” Albano explained.

President Rodrigo Duterte has consistently threatened to move for the closure of ABS-CBN due to the network's supposed failure to air political ads that had been paid for by the Duterte campaign in 2016.

After Calida filed the quo warranto petition, ABS-CBN issued a statement saying that it did not violate any law. — DVM, GMA News

https://www.gmanetwork.com/news/news/nation/725638/house-holds-closed-door-meetings-on-abs-cbn-franchise-renewal-bills/story/

ABS-CBN can still operate even after franchise lapses – solon

Media network giant ABS-CBN can still continue its operations even if its legislative franchise expires on March 30.

Isabela Rep. Antonio “Tonypet” Albano said this Tuesday as the public awaits action from the House of Representatives, where a number of bills were filed for the renewal of ABS-CBN’s franchise.

“May I remind the public that even if the ABS-CBN’s franchise expires on the said date on March, it does not mean that ABS-CBN will close completely because the rule of thumb, and I believe this in the committee – and we were briefed on this – is that while this 18th Congress is still ongoing, hindi po titigil ang services ng ABS-CBN hanggang po matapos ang 18th Congress (the services of ABS-CBN will not stop until the 18th Congress ends),” Albano, who serves as vice-chairperson of the House committee on legislative franchises, told reporters.

Albano explained that the broadcasting company can still operate because they were able to submit their application before their franchise expires.

In an interview with radio station DZMM, Atty. Rudolph Jularbal, legal counsel and spokesperson of Kapisanan ng mga Brodkaster ng Pilipinas (KBP), also said that as long as a franchise holder was able to apply for renewal before the expiration of the franchise, “the permit or franchise is deemed extended until it is expressly denied or granted.”

“Also in Congress, we have had cases of members filing for renewal before their expiration tapos technically the date of their franchise has already expired pero since [the application for renewal is] pending, tuloy pa rin ang operation (the operation would just continue),” Jularbal said.

For Quezon City Rep. Jericho Nograles, ABS-CBN may continue doing business granted that they secure provisional authority from the National Telecommunications Commission (NTC).

“It doesn’t mean na automatic na mag off the air (It does not mean that automatic they will go off the air), but it will be off the air if the NTC will not give them provisional authority pending the hearings of Congress, or the dissipation of Congress when it comes to congressional franchise,” Nograles pointed out.

Albano then assured the public that the committee would hear the bills on the renewal of ABS-CBN’s legislative franchise even disclosing that the matter has been among those tackled during their closed-door meetings.

“We assure the public later on that we will hear the case because our chairman and the leadership of the House, in particular, have been closely monitoring the events but we also have a lot of other issues to tackle before we can tackle the ABS-CBN franchise,” Albano said.

The lawmaker said they are holding closed-door meetings on the matter so they won’t be “pressured by any sides” regarding the issue.

“Remember that it is stated in the Constitution that Congress is the sole prerogative entity that is tackling all the franchises here in the Philippines so this is one of the reasons why we wanted closed-door sessions is that we didn’t want any pressure from anyone in particular so that our decisions will not be biased in the end when we start hearing the cases,” Albano said.

Republic Act No. 3846 requires television and radio broadcasting companies to secure a franchise from the government before they are allowed to operate. It is Congress that will decide whether to extend the franchise to public utilities, such as the media.

At the House of Representatives, ABS-CBN’s application for franchise renewal has yet to be tackled despite repeated calls from a number of its members for the issue to be addressed, especially with the franchise’s fast-approaching expiration date.

Currently, there are 11 pending bills in Congress seeking the renewal of the media giant’s franchise. But as of Tuesday, February 11, 2020, the matter on ABS-CBN’s legislative franchise renewal is still not included in the hearing agenda.

Against this backdrop is the quo warranto petition filed Monday by the Office of the Solicitor General before the Supreme Court. The government’s chief lawyer wants ABS-CBN’s franchise revoked for allegedly violating provisions of its license.

According to House Deputy Speaker Johnny Pimentel, OSG’s move could lead to some lawmakers being afraid to speak up and express their support towards the renewal of ABS-CBN’s franchise.

https://newsinfo.inquirer.net/1227147/abs-cbn-can-still-operate-even-after-franchise-lapses-solon

Government seeks to strip ABS-CBN franchise

The Office of the Solicitor General (OSG) on Monday called on the Supreme Court to strip media and entertainment group ABS-CBN Corporation of its legislative franchise in what press freedom campaigners branded as another attack launched by President Rodrigo Duterte.

UNDER SIEGE A company vehicle enters the compound of media and entertainment group ABS-CBN Corporation in Quezon City. (Inset) Solicitor General Jose Calida. PHOTOS JOHN ORVEN VERDOTE AND RUY L. MARTINEZ

Solicitor General Jose Calida filed the quo warranto petition, presenting a stack of supporting documents that was almost two feet high.

The filing of the petition was virtually an anticlimax. Almost a month ago, The Manila Times ran a banner story that the OSG was planning to question ABS-CBN’s franchise before the high court.

The petition was filed weeks before the network’s 25-year franchise expires on March 30 and as a group of lawmakers were putting together 11 measures for its renewal.

“The legislative franchises of ABS-CBN Corp. and its subsidiary, ABS-CBN Convergence Inc. must be revoked. A franchise is a special privilege by the State, and should be restricted only to entities, which faithfully adhere to our Constitution and laws,” Calida said in the 54-page petition.

He said documents from the Securities and Exchange Commission would show that ABS-CBN Corp. sold Philippine Depositary Receipts (PDRs) to non-Filipino entities.

ABS-CBN Corp. shares were transferred to ABS Holdings, which later issued PDRs, he said.
Through the transaction, Prudential Singapore Holdings Pte. Ltd. acquired 15,656,570 PDRs issued by ABS-CBN Holdings.

In May 2013, Mercury Media Holdings Ltd. purchased PDRs issued by ABS-CBN Corp. from Marathon Asset Management LLP for P2.3 billion.

A month later, a United States-based fund, Capital International Private Equity Fund VI LP,

“acting through Mercury Media Holdings Finance I Ltd., completed the subscription of P2.5 billion worth of PDRs from ABS-CBN,” the petition said.

Media entities must be 100 percent Filipino-owned and their PDRs sold only to Filipinos.

The petition also noted that ABS-CBN Corp. “violated the terms of franchise by offering pay per view channels via TV Plus.”

It alleged that Multi Media Telephony, representing itself as ABS-CBN Convergence, used the franchise to secure a three-year provisional authority to operate.

“The use of ABS-CBN Convergence of the name of Multi Media Telephony is contrary to public policy, as it will only result in confusion and open the door to frauds and evasions and difficulties of administration and supervision,” the OSG said.

Calida asked the court to issue a temporary restraining order or writ of preliminary injunction “enjoining ABS-CBN Corp. from further operating the KBO Channel and offering it to the general public.”

No hand

President Duterte has repeatedly pledged to stop the broadcast operations of ABS-CBN and expressed anger over its reporting during the 2016 presidential election campaign.

On Monday, Palace spokesman Salvador Panelo said the President had no hand in the filing of the petition.

“It’s Congress that has the authority to grant or to renew [franchises], not the President… And, as you know the practice of the President, he does not interfere with the function of Congress,” he added.

Press organizations, however, were quick to denounce the petition.

“It’s a clear indication that this government will do everything it can to shut ABS-CBN down,” said Nonoy Espina, chairman of the National Union of Journalists of the Philippines (NUJP).

“If they shut ABS-CBN down, then that’s one big voice lost and it will make it easier for them to start shutting down the other voices that they do not agree with,” he added.

The Foreign Correspondents Association of the Philippines (Focap) described the Solicitor General’s actions as politically motivated.

“ABS-CBN is a cornerstone of Philippine democracy and the free press for its independent and critical reportage and massive following in the country and abroad,” the Focap statement read. “These moves politically harass and threaten a pillar of the media industry that employs thousands of Filipinos and has played a crucial part in helping fight official corruption and abuse for decades.”

The NUJP said the filing of the petition “proves without a doubt that this government is hell-bent on using all its powers to shut down the broadcast network… So much so that it would risk trampling on Congress’ authority to legislate franchises.”

The University of the Philippines College of Mass Communication said the Calida petition demonstrated the lengths the government could go to silence critical voices in media.

Human Rights Watch Asia Division researcher Carlos Conde said the quo warranto case “has all the indications of political harassment.”

Meanwhile, senators said Congress is mandated to act on the franchise application of ABS-CBN, but this would not prevent the Supreme Court from acting on the quo warranto petition.

“As the Constitution mandates, the Senate’s jurisdiction over franchises remains despite the existence of the petition,” said Sen. Mary Grace Poe, chairman of the Senate Committee on Public Services.

Sen. Panfilo Lacson said he sees no conflict in jurisdictions: “The quo warranto petition is under the original jurisdiction of the Court. Approval or renewal of legislative franchise is the jurisdiction of both houses of Congress.”

“Congress is likewise not prevented from exercising its powers under the same Constitution to act on the application for renewal or a new franchise, which is now pending before the House of Representatives,” he added.

But Sen. Francis Pangilinan bared that the Congress has the duty to give due process to ABS-CBN’s application for franchise renewal.

“Complaints against the network should be formally lodged before Congress to be tackled
in the hearing, giving opportunity for all sides to be heard,” he said.
Sen. Sherwin Gatchalian said the quo warranto petition is unnecessary since the franchise of the company would automatically expire by the end of March.

In the House of Representatives, lawmakers supporting the renewal of ABS-CBN’s franchise took turns in lambasting the Calida petition.

Cagayan de Oro City Second District Rep. Rufus Rodriguez said the OSG’s move was unconstitutional since only the Congress can grant franchises.

Rodriguez said the petition violates the principle of separation of powers.

Albay First District Rep. Edcel Lagman called the complaint unwarranted and misplaced.

He claimed that the essence of a quo warranto petition is that the respondent usurps the exercise of a public office, position or franchise to which the respondent is not entitled in the first place. He, however, insisted that ABS-CBN holds a valid congressional franchise.

Deputy House Speaker and Pangasinan Third District Rep. Rose Marie Arenas, considered the petition as a “formal disclosure” of the government’s position on the franchise renewal.

“While it is my view that only Congress holds the sole authority in granting and revoking legislative franchises this petition will, in fact, put forth all the questions and issues surrounding this matter, and hence enable a more enlightened and spirited discourse,” she said.

Laguna Third District Rep. Sol Aragones said the House would continue to hold a hearing on the franchise renewal despite the OSG petition.

“Our main concern are the 11,000 employees who might lose their jobs if the franchise is not renewed, most of them have been my colleagues when I still worked with the network,” the lawmaker added.

Agusan del Norte First District Rep. Lawrence Fortun said the OSG petition would be moot and academic in just a few weeks and believes that the petition might be a “a roundabout way to tell Congress how the administration really feels about ABS-CBN.”

“We still have to see the contents of the quo warranto petition but, offhand, this is quite puzzling since the franchise sought to be revoked is expiring in a month,” he added.

“By the time the Supreme Court sets to resolve the petition after parties have sent in their answers and comments, the current franchise would have already expired and there would be nothing to revoke in the first place. The petition becomes moot and academic. The franchise, however, expires. Effectively, its renewal is denied,” Fortun said.

Bayan Muna said the OSG’s move only shows that it had become a “biased institution” carrying out Duterte’s political vendetta. WITH REINA C. TOLENTINO, ARIC JOHN SY CUA, BERNADETTE E. TAMAYO, JAVIER JOE ISMAEL, FRANZ LEWIN EMBUDO, DIVINA NOVA JOY DELA CRUZ AND AFP

https://www.manilatimes.net/2020/02/11/news/headlines/govt-seeks-to-strip-abs-cbn-franchise/682983/