From April to August last year, President Rodrigo Duterte had signed franchise laws granted by the 17th Congress on ten radio and television stations extending them for 25 years. Of the ten companies, six were broadcasting stations that were allowed to construct, install, establish, operate, and maintain radio and television stations in the country.
But as of October last year, The STAR counted as many as 17 bills that President Duterte allowed to lapse into law out of 170 the total of legislative measures enacted during the last five months of the 17th Congress. The Chief Executive chose not to sign franchise bills for the 16 broadcasting and telecommunications entities and just let them lapsed into law.
The TV5 and CBCP Network automatically got their franchises renewed last year after their respective bills lapsed into laws in April. The laws that covered the renewal of TV5 and CBCP were released by Malacañang without the signature of the President only in July of the same year. The two Congress-approved bills merely bore the official stamp of the Office of the President certifying each has lapsed into law.
No explanation was given by Malacañang as to why the President didn’t sign the bills and let it lapsed into law.
The President’s explanation is not mandatory though. For a approved or vetoed Congress-approved legislation, however, normally an explanation why the President rejected it is attached to the enrolled bill.
Unfortunately for ABS-CBN, its franchise bill remains pending before the 18th Congress. Actually, the Kapamilya network’s franchise renewal bill has been stalled since 2016 when this was first filed in the 17th Congress. Its rival network GMA-7 also had a franchise renewal bill that got signed into on the next year.
On July 23, 2019, Nueva Ecija 2nd District Rep. Micaela Violago refiled the bill that will extend ABS-CBN’s franchise for another 25 years. There are 10 other bills authored by different Congressmen on the ABS-CBN franchise renewal pending at the House committee on public services chaired by Palawan Rep. Franz Alvarez.
And also, under our 1987 Constitution, all franchise bills must emanate from the House of Representatives.
The presidential pique against ABS-CBN started when the former Davao City Mayor first complained about the network’s not airing his political ad during the 2016 election campaign but did not allegedly refund the payment for the unaired TV ad.
Allegedly due to President Duterte’s public pronouncements against the Lopez-owned TV-radio-cable network, the ABS-CBN franchise bill was not acted upon during the 17th Congress composed largely of pro-administration lawmakers. Headed by then Speaker and Davao Rep. Pantaleon Alvarez, chief ally of Mayor Duterte, House members were reportedly issued marching orders not to touch the ABS-CBN franchise bill.
But while President Duterte has vowed not to sign into law franchise renewal of the ABS-CBN, take note the Chief Executive has never uttered any declarative statement: “I will approve or veto it.”
One of the ten companies that got their signed franchise bill signed into law last year by President Duterte is owned by erstwhile businessman Ramon Jacinto. A campaign supporter of the former Davao City Mayor, he was appointed as presidential adviser on telecom. Signed under Republic Act (RA) No. 11414, the franchise of the Jacinto family-owned Rajah Broadcasting Network TV-radio station will continue for another 25 years. Incidentally, Jacinto’s radio station, which runs on frequency modulation DzRJ-FM, played an important role during the 1986 People Power Revolution, or EDSA-1 for brevity’s sake.
As we mark the 34th anniversary of EDSA-1 this week, we pause to remember the heroics of the late TV personality June Keithley who used the government-sequestered RJ-FM facility from its office and tower station atop the Jacinto-owned J & T Building in Sta. Mesa, Manila and turned it into “Radyo Bandido.” Keithley repeatedly aired the taped message of the late Manila Archbishop Jaime Cardinal Sin who prodded Filipinos to unite in “people power” and help protect the rebel soldiers inside Camps Aguinaldo and Crame along EDSA during those fateful days.
After the Marcos ouster during the EDSA-1, the Jacinto-owned companies were among the sequestered private business empires that were subsequently returned to their respective owners when the late president Corazon Aquino took office at Malacañang. And these also included the Lopez-owned companies like the Meralco, the ABS-CBN TV network etc. And the rest, as we say, is history.
Fast forward. Incumbent Speaker Alan Peter Cayetano has come out publicly that they intend to pass upon the ABS-CBN franchise bill. Although the franchise of the network is ending this March 30, Cayetano was quoted saying “objectively” the Lower House could only take it up by August this year when they are able to clear the legislative mills with approval of the more priority bills.
On the other hand, Senate president Vicente Sotto III clarified the Senate committee on public services chaired by Sen. Grace Poe will conduct today their public hearing on the proposed bill on the amendments of the Public Services Law under Commonwealth Act No.146, and that ABS-CBN franchise issue falls under that concern.
Hence, Sotto explained, the Senate public hearing will not touch on the approval of franchise renewal of the ABS-CBN that is still pending at the Lower House. Neither, the Senate will commit sub judice on the quo warranto petition filed by the Office of the Solicitor General two weeks ago before the Supreme Court against the alleged franchise violations of ABS-CBN.
Meanwhile, TV-movie stars and other popular personalities have been holding their own “people power” candlelight rallies for press freedom at ABS-CBN headquarters at Mother Ignacia St. in Quezon City to dramatize the importance of extending the network’s franchise bill.
https://www.philstar.com/opinion/2020/02/24/1995524/people-power-press-freedom
Monday, February 24, 2020
Senators probe ABS-CBN franchise as Calida moves for network’s shutdown
ABS-CBN network executives are set to appear before a Senate committee on Monday in a highly anticipated hearing seen as a pushback on the Philippine government’s move to close down the country’s largest media network, as congressmen continue to sit on proposals to renew its broadcast franchise.
The inquiry is scheduled on the same day the network is due to respond to Solicitor General Jose Calida’s quo warranto petition to take it off the air for supposed franchise violations.
The Supreme Court also gave ABS-CBN until Monday to answer Calida’s “very urgent motion” to gag the network and “persons acting on (its) behalf,” a sweeping plea that media and human rights groups described as an assault on press freedom.
“Revoking or not renewing a broadcast franchise becomes a different matter altogether because that constitutes an infringement of the first-ranked democratic freedom — freedom of expression,” said journalist Vergel Santos, former chairman of the Center for Media Freedom and Responsibility.
Malacañang has distanced President Duterte from the petition of Calida, who serves as the government’s top lawyer.
Duterte earlier promised to “make sure” that ABS-CBN would be out of broadcast, citing complaints over its coverage of his administration and unaired political ads in 2016. He later told its owners to “just sell” the business.
Calida has been invited to Monday’s public services committee’s hearing where he’s expected to be questioned on his Supreme Court petition to invalidate ABS-CBN’s existing franchise.
Several House leaders have criticized his quo warranto petition, insisting that Congress has the exclusive power to grant, repeal or renew franchises.
Sen. Grace Poe admitted that Calida’s gag order motion prompted her public services committee to push the hearing ahead of schedule “to be on the safe side.”
“That way, there’s no conflict and the resource persons won’t be apprehensive about giving their statements,” she told ABS-CBN News.
NO PRESSURE
Poe said the inquiry was not meant to pressure the House of Representatives to act on at least 11 ABS-CBN bills still stuck in its committee on legislative franchises.
The network’s franchise will expire on March 30 but Speaker Alan Peter Cayetano said deliberations were “not that urgent,” insisting the network could still operate until March 2022.
Cagayan De Oro Rep. Rufus Rodriguez on Sunday said Cayetano should now green-light deliberations on ABS-CBN’s franchise renewal, saying “we are left behind because we do not act.”
Rodriguez, an administration congressman pushing for a fresh 25-year franchise for ABS-CBN, insisted that the House would not be “susceptible to any pressure from anybody, not even the Senate.”
But he was convinced that the Senate hearing was “being done precisely to tell the whole world that what Calida has done is not correct.”
“Since the Senate is a part of Congress, it has all the right to really hear it and tell Calida that it is not a proper thing for him to file that (quo warranto petition) in the Supreme Court,” Rodriguez told ABS-CBN News on Sunday.
REST EASY
Poe said the hearing was meant to clarify if ABS-CBN could still operate after March 30, an assurance earlier given by Cayetano and Senate President Vicente Sotto III as a matter of practice over pending franchise renewal applications.
“We’re not pressuring the House,” she said, noting that an extension put on paper would put pressure off Congress to act on the franchise renewal application before next month’s deadline.
A commitment from the National Telecommunications Commission for an extension would also mean that the 11,000 workers of ABS-CBN Corp. and its subsidiaries “can rest easy,” she said.
As of Sunday afternoon, she said Calida was yet to confirm his attendance. But Justice Secretary Menardo Guevarra and NTC Commissioner Gamaliel Cordoba had both informed the committee that they would show up.
Poe described Calida’s presence in the hearing as “crucial,” citing his objections to ABS-CBN’s franchise renewal.
ABUSES
Calida’s alleged that ABS-CBN Corp. “abused” its free-TV franchise by introducing the pay-per-view feature Kapamilya Box Office (KBO) without NTC approval.
“This warrants the revocation of ABS-CBN Corp.’s legislative franchise,” he said in his petition.
ABS-CBN replied in a statement: “All our broadcast offerings, including KBO, have received the necessary government and regulatory approvals and are not prohibited by our franchise.”
The KBO feature allows subscribers to watch select movies for a fee of P30 or P99.
Calida also claimed that ABS-CBN Corp. violated the constitutional ban on foreign ownership in mass media by issuing Philippine Depositary Receipts (PDRs) to foreigners through ABS-CBN Holdings.
Foreigners may buy into PDRs and may be entitled to dividends. But they are not considered shareholders with voting rights in a company.
A former Philippine Stock Exchange president likened it to betting on a horse in a race where a person gets a share of the winnings without necessarily owning the triumphant horse.
What are PDRs? Ex-stock exchange chief says it's like betting on a horse
LAYERING
Calida also accused ABS-CBN Convergence Inc., ABS-CBN’s telecommunications subsidiary, of violating the law by making use of the original franchise of the company it had acquired without congressional approval, using an “intricate web of corporate layering.”
“The government is being hoodwinked as it is made to believe that the finite and limited spectrum had been allocated to those that are worthy to be accorded the privilege, when in truth, it is only being utilized by one corporation, ABS-CBN,” he said.
The subsidiary’s failure to publicly offer at least 30 percent of its outstanding capital stock within 5 years since its operations began was also a ground to have its franchise revoked, he said.
In a statement, ABS-CBN Corp. said the acquisition of ABS-CBN Convergence was “undertaken under the same law and structures that have been utilized by other telecommunications companies.”
https://news.abs-cbn.com/news/02/23/20/senators-probe-abs-cbn-franchise-as-calida-moves-for-networks-shutdown
The inquiry is scheduled on the same day the network is due to respond to Solicitor General Jose Calida’s quo warranto petition to take it off the air for supposed franchise violations.
The Supreme Court also gave ABS-CBN until Monday to answer Calida’s “very urgent motion” to gag the network and “persons acting on (its) behalf,” a sweeping plea that media and human rights groups described as an assault on press freedom.
“Revoking or not renewing a broadcast franchise becomes a different matter altogether because that constitutes an infringement of the first-ranked democratic freedom — freedom of expression,” said journalist Vergel Santos, former chairman of the Center for Media Freedom and Responsibility.
Malacañang has distanced President Duterte from the petition of Calida, who serves as the government’s top lawyer.
Duterte earlier promised to “make sure” that ABS-CBN would be out of broadcast, citing complaints over its coverage of his administration and unaired political ads in 2016. He later told its owners to “just sell” the business.
Calida has been invited to Monday’s public services committee’s hearing where he’s expected to be questioned on his Supreme Court petition to invalidate ABS-CBN’s existing franchise.
Several House leaders have criticized his quo warranto petition, insisting that Congress has the exclusive power to grant, repeal or renew franchises.
Sen. Grace Poe admitted that Calida’s gag order motion prompted her public services committee to push the hearing ahead of schedule “to be on the safe side.”
“That way, there’s no conflict and the resource persons won’t be apprehensive about giving their statements,” she told ABS-CBN News.
NO PRESSURE
Poe said the inquiry was not meant to pressure the House of Representatives to act on at least 11 ABS-CBN bills still stuck in its committee on legislative franchises.
The network’s franchise will expire on March 30 but Speaker Alan Peter Cayetano said deliberations were “not that urgent,” insisting the network could still operate until March 2022.
Cagayan De Oro Rep. Rufus Rodriguez on Sunday said Cayetano should now green-light deliberations on ABS-CBN’s franchise renewal, saying “we are left behind because we do not act.”
Rodriguez, an administration congressman pushing for a fresh 25-year franchise for ABS-CBN, insisted that the House would not be “susceptible to any pressure from anybody, not even the Senate.”
But he was convinced that the Senate hearing was “being done precisely to tell the whole world that what Calida has done is not correct.”
“Since the Senate is a part of Congress, it has all the right to really hear it and tell Calida that it is not a proper thing for him to file that (quo warranto petition) in the Supreme Court,” Rodriguez told ABS-CBN News on Sunday.
REST EASY
Poe said the hearing was meant to clarify if ABS-CBN could still operate after March 30, an assurance earlier given by Cayetano and Senate President Vicente Sotto III as a matter of practice over pending franchise renewal applications.
“We’re not pressuring the House,” she said, noting that an extension put on paper would put pressure off Congress to act on the franchise renewal application before next month’s deadline.
A commitment from the National Telecommunications Commission for an extension would also mean that the 11,000 workers of ABS-CBN Corp. and its subsidiaries “can rest easy,” she said.
As of Sunday afternoon, she said Calida was yet to confirm his attendance. But Justice Secretary Menardo Guevarra and NTC Commissioner Gamaliel Cordoba had both informed the committee that they would show up.
Poe described Calida’s presence in the hearing as “crucial,” citing his objections to ABS-CBN’s franchise renewal.
ABUSES
Calida’s alleged that ABS-CBN Corp. “abused” its free-TV franchise by introducing the pay-per-view feature Kapamilya Box Office (KBO) without NTC approval.
“This warrants the revocation of ABS-CBN Corp.’s legislative franchise,” he said in his petition.
ABS-CBN replied in a statement: “All our broadcast offerings, including KBO, have received the necessary government and regulatory approvals and are not prohibited by our franchise.”
The KBO feature allows subscribers to watch select movies for a fee of P30 or P99.
Calida also claimed that ABS-CBN Corp. violated the constitutional ban on foreign ownership in mass media by issuing Philippine Depositary Receipts (PDRs) to foreigners through ABS-CBN Holdings.
Foreigners may buy into PDRs and may be entitled to dividends. But they are not considered shareholders with voting rights in a company.
A former Philippine Stock Exchange president likened it to betting on a horse in a race where a person gets a share of the winnings without necessarily owning the triumphant horse.
What are PDRs? Ex-stock exchange chief says it's like betting on a horse
LAYERING
Calida also accused ABS-CBN Convergence Inc., ABS-CBN’s telecommunications subsidiary, of violating the law by making use of the original franchise of the company it had acquired without congressional approval, using an “intricate web of corporate layering.”
“The government is being hoodwinked as it is made to believe that the finite and limited spectrum had been allocated to those that are worthy to be accorded the privilege, when in truth, it is only being utilized by one corporation, ABS-CBN,” he said.
The subsidiary’s failure to publicly offer at least 30 percent of its outstanding capital stock within 5 years since its operations began was also a ground to have its franchise revoked, he said.
In a statement, ABS-CBN Corp. said the acquisition of ABS-CBN Convergence was “undertaken under the same law and structures that have been utilized by other telecommunications companies.”
https://news.abs-cbn.com/news/02/23/20/senators-probe-abs-cbn-franchise-as-calida-moves-for-networks-shutdown
Sunday, February 23, 2020
EXPLAINER: Can ABS-CBN operate past its franchise expiration date?
(UPDATED) ABS-CBN is advised to seek provisional authority from the NTC to extend their franchise to 2022
(UPDATED) – It's illegal for ABS-CBN to continue to operate until 2022 under its current franchise, contrary to what lawmakers like Isabela Representative and legislative franchise committee vice chairman Tonypet Albano and House Speaker Alan Peter Cayetano have said.
Albano was quoted in reports saying: “We want to allay the fears of the public and the [ABS-CBN] employees, ABS-CBN will not cease to exist unless Congress acts on it. ABS-CBN may actually continue to legally operate under its existing franchise until the end of 18th Congress or until that franchise is formally terminated [by Congress before 18th Congress ends].” The 18th Congress ends in 2022.
However, it's unclear if this is valid under the law or not. Lawyer and former Supreme Court spokesman Ted Te said that the rules of Congress don't provide for this situations like this, wherein a franchise can continue if a bill that has been filed for its renewal wasn't granted immediately. "I'm not too sure if there's a specific rule governing that or just merely tradition," he said.
In a separate interview, Jun Rodriguez, lecturer on Contemporary Issues in Media Law at Ateneo’s Masters in Journalism program, was certain that the network giant has no right to operate after the lapse of its 25-year franchise on March 30 regardless of the pending bills.
“[The bills pending in Congress are] irrelevant,” said Rodriguez.
“The bills are not law. It is the law that grants the franchise or the right. Without the law that grants the right, there is no right and therefore there is nothing to exercise. The fact that they have the intention, perhaps, to renew it is not exactly the same as renewing it or extending the right to them for another period,” Rodriguez continued.
‘Nothing to extend’
Albano and Cayetano had also advised ABS-CBN to seek provisional authority before the National Telecommunications Commission (NTC) to operate past March 30, but this would also be impossible, said Rodriguez.
The certificate the commission gives broadcasting companies can only be extended if the franchise, granted by Congress, is extended.
Article VI, Section 16 of Republic Act 7925 or the “Public Telecommunications Policy Act of the Philippines” states, “No person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.”
It also says: “A [certificate of public convenience and necessity (CPCN)] expiring at the same time as the franchise shall be deemed to have been renewed for the same term if the franchise itself is also renewed or extended.” A CPCN is the principal license that the NTC issues to telecommunications companies for operation.
“The certificate of public convenience and necessity, which is issued by the executive department, is a way to implement [the law],” Rodriguez said. “So in that context, in that situation, what is there to implement, again, if there’s no franchise?”
Te echoed the sentiment: "As far as the provisional authority [is concerned], I would suppose there would have to be first a franchise that is valid, meaning, unexpired, and then extended...But if the franchise lapses, it means there's nothing to extend. So I'm really not sure exactly what the basis is for [Albano's and Cayetano's] statement."
'Practically impossible'
Rodriguez added because the NTC is part of the executive department, it may be even more difficult for the commission to extend the franchise past March 30. He explained: “The President has overall supervision and control over executive agencies and offices....So legally, it’s not possible, I think, but practically it’s even more impossible.”
The renewal has been strongly opposed by President Rodrigo Duterte, who accused the network of not running advertisements he paid for during the 2016 presidential campaign.
On December 30, 2019, Duterte said that it's unlikely for the franchise to be renewed and that the network should be sold instead. In the past, he also accused the network of “publishing trash,” trying to “swindle” him, and of being “sons of bitches.”
Groups like the National Union of Journalists and Reporters Without Borders have called on Congress to act against what they slammed as a threat to press freedom.
"The repercussion right now, I think, even in the lead up to the hearing in Congress, is really the threat, because the entity becomes vulnerable because of that threat of non-renewal," Te said in a mix of English and Filipino. "It's really more that, than the actual non-renewal, or the actual renewal."
Joint resolution
It is still possible for the franchise to be extended, but not because of pending bills or through the NTC but through the joint resolution filed by Senate Minority Leader Franklin Drilon on February 17.
Senate Joint Resolution No. 11, seeks to extend ABS-CBN Corporation's franchise to December 31, 2022, which, Drilon said, would buy Congress more time to study the 12 pending bills seeking its renewal.
Aside from the bills, the joint resolution highlights other factors that would require more time for Congress to decide: on February 10, Solicitor General Jose Calida filed a quo warranto petition to void the franchise altogether and on February 12, Senator Grace Poe filed Proposed Senate Resolution (PS Res) No. 322 to determine ABS-CBN's compliance with the terms and conditions of its franchise.
Joint Resolution No. 11 will be discussed on Monday, February 24, along with PS Res No. 322.
If they want ABS-CBN's franchise to be extended, lawmakers must act quickly to pass the Joint Resolution as the 1st regular session of the 18th Congress ends on March 14 – a little over two weeks away. The resolution will also need to be signed by President Duterte to have the effect of law.
Is there enough time?
https://www.rappler.com/newsbreak/iq/252445-explainer-abs-cbn-operate-past-franchise-expiration-date
(UPDATED) – It's illegal for ABS-CBN to continue to operate until 2022 under its current franchise, contrary to what lawmakers like Isabela Representative and legislative franchise committee vice chairman Tonypet Albano and House Speaker Alan Peter Cayetano have said.
Albano was quoted in reports saying: “We want to allay the fears of the public and the [ABS-CBN] employees, ABS-CBN will not cease to exist unless Congress acts on it. ABS-CBN may actually continue to legally operate under its existing franchise until the end of 18th Congress or until that franchise is formally terminated [by Congress before 18th Congress ends].” The 18th Congress ends in 2022.
However, it's unclear if this is valid under the law or not. Lawyer and former Supreme Court spokesman Ted Te said that the rules of Congress don't provide for this situations like this, wherein a franchise can continue if a bill that has been filed for its renewal wasn't granted immediately. "I'm not too sure if there's a specific rule governing that or just merely tradition," he said.
In a separate interview, Jun Rodriguez, lecturer on Contemporary Issues in Media Law at Ateneo’s Masters in Journalism program, was certain that the network giant has no right to operate after the lapse of its 25-year franchise on March 30 regardless of the pending bills.
“[The bills pending in Congress are] irrelevant,” said Rodriguez.
“The bills are not law. It is the law that grants the franchise or the right. Without the law that grants the right, there is no right and therefore there is nothing to exercise. The fact that they have the intention, perhaps, to renew it is not exactly the same as renewing it or extending the right to them for another period,” Rodriguez continued.
‘Nothing to extend’
Albano and Cayetano had also advised ABS-CBN to seek provisional authority before the National Telecommunications Commission (NTC) to operate past March 30, but this would also be impossible, said Rodriguez.
The certificate the commission gives broadcasting companies can only be extended if the franchise, granted by Congress, is extended.
Article VI, Section 16 of Republic Act 7925 or the “Public Telecommunications Policy Act of the Philippines” states, “No person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.”
It also says: “A [certificate of public convenience and necessity (CPCN)] expiring at the same time as the franchise shall be deemed to have been renewed for the same term if the franchise itself is also renewed or extended.” A CPCN is the principal license that the NTC issues to telecommunications companies for operation.
“The certificate of public convenience and necessity, which is issued by the executive department, is a way to implement [the law],” Rodriguez said. “So in that context, in that situation, what is there to implement, again, if there’s no franchise?”
Te echoed the sentiment: "As far as the provisional authority [is concerned], I would suppose there would have to be first a franchise that is valid, meaning, unexpired, and then extended...But if the franchise lapses, it means there's nothing to extend. So I'm really not sure exactly what the basis is for [Albano's and Cayetano's] statement."
'Practically impossible'
Rodriguez added because the NTC is part of the executive department, it may be even more difficult for the commission to extend the franchise past March 30. He explained: “The President has overall supervision and control over executive agencies and offices....So legally, it’s not possible, I think, but practically it’s even more impossible.”
The renewal has been strongly opposed by President Rodrigo Duterte, who accused the network of not running advertisements he paid for during the 2016 presidential campaign.
On December 30, 2019, Duterte said that it's unlikely for the franchise to be renewed and that the network should be sold instead. In the past, he also accused the network of “publishing trash,” trying to “swindle” him, and of being “sons of bitches.”
Groups like the National Union of Journalists and Reporters Without Borders have called on Congress to act against what they slammed as a threat to press freedom.
"The repercussion right now, I think, even in the lead up to the hearing in Congress, is really the threat, because the entity becomes vulnerable because of that threat of non-renewal," Te said in a mix of English and Filipino. "It's really more that, than the actual non-renewal, or the actual renewal."
Joint resolution
It is still possible for the franchise to be extended, but not because of pending bills or through the NTC but through the joint resolution filed by Senate Minority Leader Franklin Drilon on February 17.
Senate Joint Resolution No. 11, seeks to extend ABS-CBN Corporation's franchise to December 31, 2022, which, Drilon said, would buy Congress more time to study the 12 pending bills seeking its renewal.
Aside from the bills, the joint resolution highlights other factors that would require more time for Congress to decide: on February 10, Solicitor General Jose Calida filed a quo warranto petition to void the franchise altogether and on February 12, Senator Grace Poe filed Proposed Senate Resolution (PS Res) No. 322 to determine ABS-CBN's compliance with the terms and conditions of its franchise.
Joint Resolution No. 11 will be discussed on Monday, February 24, along with PS Res No. 322.
If they want ABS-CBN's franchise to be extended, lawmakers must act quickly to pass the Joint Resolution as the 1st regular session of the 18th Congress ends on March 14 – a little over two weeks away. The resolution will also need to be signed by President Duterte to have the effect of law.
Is there enough time?
https://www.rappler.com/newsbreak/iq/252445-explainer-abs-cbn-operate-past-franchise-expiration-date
Ilang Pinoy nakaabang sa Senate hearing ukol sa prangkisa ng ABS-CBN
Isang araw bago ang pagharap ng mga opisyal ng ABS-CBN sa hearing ng Senate Committee on Public Services upang liwanagin ang mga isyu sa prangkisa ng kompanya, nagbigay-suporta naman ang ilang Pinoy na tumatangkilik sa network.
"Siyempre para marinig namin 'yung mga ano nila, kung sino ang mali doon... Ano ba ang ibig sabihin nila na tatanggalin [ang franchise], at bakit? Bakit isasara eh wala namang mali," ani Luz Castor, isang vendor.
Araw-araw libangan ni Castor ang panonood ng ABS-CBN shows.
Sa mahigit 20 taon niyang pagtitinda ng gulay, ito ang pumapawi ng kaniyang pagod.
Ang mga tricycle driver na nakausap ng ABS-CBN News, tututok din daw sa hearing sa Lunes.
"Siyempre bilang isang mamamayan kailangan natin malaman 'yung kontrata nila kung legal ba o illegal... Mahalaga ba na mayroong ABS-CBN? Oo naman para hindi lang isang channel ang napapanood namin," giit ni Christopher Pardo, tsuper.
"Babantayan ko 'yan kasi ano ko talaga 'yung channel 2 simula pagkabata," ayon naman kay Armando Rufo, tsuper din.
Sa kabila ng batikos, partikular na ni House Speaker Alan Peter Cayetano, nanindigan ang Senado na may kapangyarihan silang duminig ng malalaking isyu sa bansa.
"Paano natin malalaman ang katotohanan kung hindi makakapagsalita ang mga 'yun? Hindi ba mas maganda para malaman kung talaga bang may kasalanan o wala," ani Sen. Grace Poe, chair ng komiteng didinig sa isyu.
Higit 11 panukala para sa renewal ng ABS-CBN franchise ang nakatengga ngayon sa Kamara. —Ulat ni Isay Reyes, ABS-CBN News
https://news.abs-cbn.com/news/02/23/20/ilang-pinoy-nakaabang-sa-senate-hearing-ukol-sa-prangkisa-ng-abs-cbn
"Siyempre para marinig namin 'yung mga ano nila, kung sino ang mali doon... Ano ba ang ibig sabihin nila na tatanggalin [ang franchise], at bakit? Bakit isasara eh wala namang mali," ani Luz Castor, isang vendor.
Araw-araw libangan ni Castor ang panonood ng ABS-CBN shows.
Sa mahigit 20 taon niyang pagtitinda ng gulay, ito ang pumapawi ng kaniyang pagod.
Ang mga tricycle driver na nakausap ng ABS-CBN News, tututok din daw sa hearing sa Lunes.
"Siyempre bilang isang mamamayan kailangan natin malaman 'yung kontrata nila kung legal ba o illegal... Mahalaga ba na mayroong ABS-CBN? Oo naman para hindi lang isang channel ang napapanood namin," giit ni Christopher Pardo, tsuper.
"Babantayan ko 'yan kasi ano ko talaga 'yung channel 2 simula pagkabata," ayon naman kay Armando Rufo, tsuper din.
Sa kabila ng batikos, partikular na ni House Speaker Alan Peter Cayetano, nanindigan ang Senado na may kapangyarihan silang duminig ng malalaking isyu sa bansa.
"Paano natin malalaman ang katotohanan kung hindi makakapagsalita ang mga 'yun? Hindi ba mas maganda para malaman kung talaga bang may kasalanan o wala," ani Sen. Grace Poe, chair ng komiteng didinig sa isyu.
Higit 11 panukala para sa renewal ng ABS-CBN franchise ang nakatengga ngayon sa Kamara. —Ulat ni Isay Reyes, ABS-CBN News
https://news.abs-cbn.com/news/02/23/20/ilang-pinoy-nakaabang-sa-senate-hearing-ukol-sa-prangkisa-ng-abs-cbn
Senators insist Senate can conduct hearings on ABS-CBN franchise
By Hannah Torregoza
At least two senators on Sunday insisted that there was no violation of the Constitution with respect to the Senate public services committee’s scheduled hearing on the issues surrounding the franchise of ABS-CBN Corporation.
The hearing, initiated by Sen. Grace Poe, head of the Senate Public Services panel, will be held Monday, February 24.
Sen. Juan Edgardo “Sonny” Angara said Section 24 of the 1987 Constitution, or what is known as the “origination clause”, provides that all private bills, such as the approval of franchises, “shall originate exclusively in the House of Representatives.”
The same provision in the Constitution also includes appropriation, revenue or tariff bills, bills authorizing increase of the public debt and bills of local application.
“It has been the long-standing practice of the Senate to hear such bills while waiting for the House of Representatives to act on these and transmit them to the Senate for its concurrence,” Angara said in a statement.
“Matagal na ginagawa ng Senado na simulan ang pagdinig sa mga mahahalagang panukala tulad ng ating national budget bago pa man ito ipadala ng mababang kapulungan (The Senate has long been doing hearing important measures, like the national budget, before it is sent to us by the lower chamber),” he said.
“Taon-taon natin ito ginagawa upang mapabilis ang proseso ng pag apruba, lalo na ng mga napakahalagang batas tulad ng GAA, ganun din sa mga tax bills (We have been doing this yearly to ensure a faster process in approving bills, especially with significant laws like the General Appropriations Act (GAA) and also tax bills),” Angara pointed out.
Citing the case of Tolentino v. Secretary of Finance, Angara said the origination clause in the Constitution merely requires the Senate, acting as a body, to withhold any action on a private bill still pending in the House of Representatives.
“The hearing by the committee is only meant to facilitate the process and in the case of the franchise of ABS-CBN, to hear the issues being raised against the network so that when the time comes, we as senators would already have a better grasp of the matter,” he said.
“No action will be made in plenary until such time that the House of Representatives acts on the bill and sends it over to us,” he said.
Senate Minority Leader Franklin Drilon, for his part said he was disappointed to hear the House leadership say that the Senate’s move to hear the ABS-CBN’s franchise was “unconstitutional”.
“We are saddened by the accusation. That is not true. There is nothing wrong and unconstitutional if we hear the franchise of ABS-CBN,” Drilon said, reiterated that nothing is unconstitutional with the Senate’s decision to hear the network’s franchise, which is set to expire on March 30.
Also citing the case of Tolentino v. Secretary of Finance (G.R. No. 115455), the minority chief said the Constitution does not prohibit the Senate from hearing a proposed measure “in anticipation of its receipt of the bill from the House.”
Drilon pointed out the Senate has done the same practice with the national budget and other revenue measures, hearing pending proposals while waiting for the House version.
“The House of Representatives is aware of this practice. Since time immemorial, we have been hearing the budget simultaneously with the House of Representatives only that we do not debate on this on the floor until we receive the House version,” he further explained.
“Our former colleagues who are now members of the lower chambers knew about this practice and they participated in hearings of this nature when they were in the Senate. They did not say it was unconstitutional then,” Drilon pointed out.
With only seven session days left before the adjournment of Congress on March 11, the senator said taking up the franchise of ABS-CBN was made even more necessary.
He also stressed that the Senate hearing should also rule on the need to extend the validity of the franchise of ABS-CBN, maintaining that the broadcasting network cannot operate without a franchise.
https://news.mb.com.ph/2020/02/23/senators-insist-senate-can-conduct-hearings-on-abs-cbn-franchise/
At least two senators on Sunday insisted that there was no violation of the Constitution with respect to the Senate public services committee’s scheduled hearing on the issues surrounding the franchise of ABS-CBN Corporation.
The hearing, initiated by Sen. Grace Poe, head of the Senate Public Services panel, will be held Monday, February 24.
Sen. Juan Edgardo “Sonny” Angara said Section 24 of the 1987 Constitution, or what is known as the “origination clause”, provides that all private bills, such as the approval of franchises, “shall originate exclusively in the House of Representatives.”
The same provision in the Constitution also includes appropriation, revenue or tariff bills, bills authorizing increase of the public debt and bills of local application.
“It has been the long-standing practice of the Senate to hear such bills while waiting for the House of Representatives to act on these and transmit them to the Senate for its concurrence,” Angara said in a statement.
“Matagal na ginagawa ng Senado na simulan ang pagdinig sa mga mahahalagang panukala tulad ng ating national budget bago pa man ito ipadala ng mababang kapulungan (The Senate has long been doing hearing important measures, like the national budget, before it is sent to us by the lower chamber),” he said.
“Taon-taon natin ito ginagawa upang mapabilis ang proseso ng pag apruba, lalo na ng mga napakahalagang batas tulad ng GAA, ganun din sa mga tax bills (We have been doing this yearly to ensure a faster process in approving bills, especially with significant laws like the General Appropriations Act (GAA) and also tax bills),” Angara pointed out.
Citing the case of Tolentino v. Secretary of Finance, Angara said the origination clause in the Constitution merely requires the Senate, acting as a body, to withhold any action on a private bill still pending in the House of Representatives.
“The hearing by the committee is only meant to facilitate the process and in the case of the franchise of ABS-CBN, to hear the issues being raised against the network so that when the time comes, we as senators would already have a better grasp of the matter,” he said.
“No action will be made in plenary until such time that the House of Representatives acts on the bill and sends it over to us,” he said.
Senate Minority Leader Franklin Drilon, for his part said he was disappointed to hear the House leadership say that the Senate’s move to hear the ABS-CBN’s franchise was “unconstitutional”.
“We are saddened by the accusation. That is not true. There is nothing wrong and unconstitutional if we hear the franchise of ABS-CBN,” Drilon said, reiterated that nothing is unconstitutional with the Senate’s decision to hear the network’s franchise, which is set to expire on March 30.
Also citing the case of Tolentino v. Secretary of Finance (G.R. No. 115455), the minority chief said the Constitution does not prohibit the Senate from hearing a proposed measure “in anticipation of its receipt of the bill from the House.”
Drilon pointed out the Senate has done the same practice with the national budget and other revenue measures, hearing pending proposals while waiting for the House version.
“The House of Representatives is aware of this practice. Since time immemorial, we have been hearing the budget simultaneously with the House of Representatives only that we do not debate on this on the floor until we receive the House version,” he further explained.
“Our former colleagues who are now members of the lower chambers knew about this practice and they participated in hearings of this nature when they were in the Senate. They did not say it was unconstitutional then,” Drilon pointed out.
With only seven session days left before the adjournment of Congress on March 11, the senator said taking up the franchise of ABS-CBN was made even more necessary.
He also stressed that the Senate hearing should also rule on the need to extend the validity of the franchise of ABS-CBN, maintaining that the broadcasting network cannot operate without a franchise.
https://news.mb.com.ph/2020/02/23/senators-insist-senate-can-conduct-hearings-on-abs-cbn-franchise/
TIMELINE: ABS-CBN franchise renewal
(UPDATE) - The Senate on Monday is set to tackle issues hounding the broadcast franchise of ABS-CBN Corp., the Philippines' largest media network.
Here are key events in the network's bid to renew its license to operate:
March 30, 1995
- The franchise of ABS-CBN Broadcasting Corp. was approved through Republic Act No. 7966, with an expiration date of March 30, 2020.
June 11, 2016
- ABS-CBN said it had opted for an early renewal application in September 2014 and "went through the normal legislative process." But it later withdrew its application "due to time constraints."
April 27, 2017
- President Rodrigo Duterte, in a chance interview, said he would formally block the renewal of ABS-CBN's franchise after accusing the company of "swindling."
Duterte said the network failed to air his campaign ad before the 2016 polls and then failed to return the money.
December 3, 2019
- The President told ABS-CBN not to expect a franchise renewal, saying he would "see to it that you're out."
December 30, 2019
- Duterte, in a speech in Cotabato, told ABS-CBN management to just sell the company.
February 10, 2020
- The Office of the Solicitor General questioned the current franchise of ABS-CBN Corp and its subsidiary, ABS-CBN Convergence Inc., before the Supreme Court through a quo warranto petition.
- On the same day, ABS-CBN said the Solicitor General's allegations were "without merit."
- Several lawmakers hit the move of the government's top lawyer, saying it "usurped" on the exclusive power of Congress to review franchises.
- Buhay partylist Rep. Jose Atienza, Jr., in a privilege speech, asked House Committee on Legislative Franchises chair Rep. Franz Alvarez to act on bills seeking to renew ABS-CBN franchise or resign.
- Malacañang distanced Duterte from the Solicitor General's move, saying the chief executive's verbal attacks against ABS-CBN Corp. were unrelated to the quo warranto petition.
Duterte's threats vs ABS-CBN unrelated to SolGen quo warranto bid: Palace
February 11, 2020
- The Supreme Court gave ABS-CBN 10 days to answer the Solicitor General's petition.
- Senator Christoper "Bong" Go, a longtime aide of Duterte, said the latter has "nothing to do" with Calida's petition.
- House Speaker Alan Peter Cayetano vowed an impartial hearing on bills for ABS-CBN franchise renewal
- Although Congress has yet to tackle bills seeking to renew the network's franchise, ABS-CBN may continue to operate beyond the expiration of its license to operate, according to Isabela 1st District Rep. Antonio Albano, vice chairperson of the House Committee on Legislative Franchises.
ABS-CBN can operate beyond franchise expiry- House franchise panel vice chair
February 12, 2020
- ABS-CBN released a reaction to Albano's statement, expressing appreciation to "the commitment of Congress to go through the renewal process at the appropriate time."
- Senator Grace Poe filed a resolution "directing the Senate Committee on Public Services to look into, in aid of legislation, on the operations of ABS-CBN Corporation to determine compliance with the terms and conditions of its franchise under Republic Act No. 7966."
February 13, 2020
- ABS-CBN Chief Operating Officer for Broadcast Cory Vidanes released a statement thanking the network's supporters.
February 14, 2020
- Speaker Cayetano said ABS-CBN franchise bills are "not that urgent," adding that the company can continue to operate through 2022 pending the passage of the new franchise bills.
- ABS-CBN employees and supporters gathered at Sgt. Esguerra Avenue in Quezon City to call for the network's franchise renewal.
On Valentine's Day, hundreds rally for ABS-CBN amid franchise woes
- Senate Minority Leader Franklin Drilon filed Senate Joint Resolution No. 11, seeking the extension of ABS-CBN's current franchise until Dec. 31, 2022 amid the limited session days in Congress before the expiration of the company's license to operate.
February 18, 2020
- Solicitor General Jose Calida asked the Supreme Court to issue a gag order on ABS-CBN and "parties and persons acting on their behalf" relating to statements surrounding the quo warranto petition.
- The Supreme Court told ABS-CBN to comment on the Solicitor General's plea within 5 days.
- The Senate initially set its hearing on the ABS-CBN franchise issue on Feb. 27, and later moved it to Feb. 24.
- Salvador Panelo, the presidential spokesman, said Duterte "does not want" ABS-CBN Corp to shut down despite the chief executive's repeated criticism of the network.
February 19, 2020
- Sen. Bong Go told the House of Representatives to act on the pending bills for ABS-CBN's franchise.
February 20, 2020
- ABS-CBN President and CEO Carlo Katigbak issued a videotaped message
- Speaker Cayetano said the House of Representatives may tackle bills on ABS-CBN's franchise in May or after Duterte's fifth State of the Nation Address in July
February 21, 2020
- Sen. Grace Poe invited Solicitor General Calida at the Senate public services committee's hearing on ABS-CBN's franchise set on Monday, Feb. 24.
- ABS-CBN employees, supporters, and celebrities showed up for a unity walk around the network's compound in Quezon City.
https://news.abs-cbn.com/news/02/23/20/timeline-abs-cbn-franchise-renewal
Here are key events in the network's bid to renew its license to operate:
March 30, 1995
- The franchise of ABS-CBN Broadcasting Corp. was approved through Republic Act No. 7966, with an expiration date of March 30, 2020.
June 11, 2016
- ABS-CBN said it had opted for an early renewal application in September 2014 and "went through the normal legislative process." But it later withdrew its application "due to time constraints."
April 27, 2017
- President Rodrigo Duterte, in a chance interview, said he would formally block the renewal of ABS-CBN's franchise after accusing the company of "swindling."
Duterte said the network failed to air his campaign ad before the 2016 polls and then failed to return the money.
December 3, 2019
- The President told ABS-CBN not to expect a franchise renewal, saying he would "see to it that you're out."
December 30, 2019
- Duterte, in a speech in Cotabato, told ABS-CBN management to just sell the company.
February 10, 2020
- The Office of the Solicitor General questioned the current franchise of ABS-CBN Corp and its subsidiary, ABS-CBN Convergence Inc., before the Supreme Court through a quo warranto petition.
- On the same day, ABS-CBN said the Solicitor General's allegations were "without merit."
- Several lawmakers hit the move of the government's top lawyer, saying it "usurped" on the exclusive power of Congress to review franchises.
- Buhay partylist Rep. Jose Atienza, Jr., in a privilege speech, asked House Committee on Legislative Franchises chair Rep. Franz Alvarez to act on bills seeking to renew ABS-CBN franchise or resign.
- Malacañang distanced Duterte from the Solicitor General's move, saying the chief executive's verbal attacks against ABS-CBN Corp. were unrelated to the quo warranto petition.
Duterte's threats vs ABS-CBN unrelated to SolGen quo warranto bid: Palace
February 11, 2020
- The Supreme Court gave ABS-CBN 10 days to answer the Solicitor General's petition.
- Senator Christoper "Bong" Go, a longtime aide of Duterte, said the latter has "nothing to do" with Calida's petition.
- House Speaker Alan Peter Cayetano vowed an impartial hearing on bills for ABS-CBN franchise renewal
- Although Congress has yet to tackle bills seeking to renew the network's franchise, ABS-CBN may continue to operate beyond the expiration of its license to operate, according to Isabela 1st District Rep. Antonio Albano, vice chairperson of the House Committee on Legislative Franchises.
ABS-CBN can operate beyond franchise expiry- House franchise panel vice chair
February 12, 2020
- ABS-CBN released a reaction to Albano's statement, expressing appreciation to "the commitment of Congress to go through the renewal process at the appropriate time."
- Senator Grace Poe filed a resolution "directing the Senate Committee on Public Services to look into, in aid of legislation, on the operations of ABS-CBN Corporation to determine compliance with the terms and conditions of its franchise under Republic Act No. 7966."
February 13, 2020
- ABS-CBN Chief Operating Officer for Broadcast Cory Vidanes released a statement thanking the network's supporters.
February 14, 2020
- Speaker Cayetano said ABS-CBN franchise bills are "not that urgent," adding that the company can continue to operate through 2022 pending the passage of the new franchise bills.
- ABS-CBN employees and supporters gathered at Sgt. Esguerra Avenue in Quezon City to call for the network's franchise renewal.
On Valentine's Day, hundreds rally for ABS-CBN amid franchise woes
- Senate Minority Leader Franklin Drilon filed Senate Joint Resolution No. 11, seeking the extension of ABS-CBN's current franchise until Dec. 31, 2022 amid the limited session days in Congress before the expiration of the company's license to operate.
February 18, 2020
- Solicitor General Jose Calida asked the Supreme Court to issue a gag order on ABS-CBN and "parties and persons acting on their behalf" relating to statements surrounding the quo warranto petition.
- The Supreme Court told ABS-CBN to comment on the Solicitor General's plea within 5 days.
- The Senate initially set its hearing on the ABS-CBN franchise issue on Feb. 27, and later moved it to Feb. 24.
- Salvador Panelo, the presidential spokesman, said Duterte "does not want" ABS-CBN Corp to shut down despite the chief executive's repeated criticism of the network.
February 19, 2020
- Sen. Bong Go told the House of Representatives to act on the pending bills for ABS-CBN's franchise.
February 20, 2020
- ABS-CBN President and CEO Carlo Katigbak issued a videotaped message
- Speaker Cayetano said the House of Representatives may tackle bills on ABS-CBN's franchise in May or after Duterte's fifth State of the Nation Address in July
February 21, 2020
- Sen. Grace Poe invited Solicitor General Calida at the Senate public services committee's hearing on ABS-CBN's franchise set on Monday, Feb. 24.
- ABS-CBN employees, supporters, and celebrities showed up for a unity walk around the network's compound in Quezon City.
https://news.abs-cbn.com/news/02/23/20/timeline-abs-cbn-franchise-renewal
Duterte won't monitor Senate hearing on ABS-CBN franchise
President Rodrigo Duterte has not shown any interest in monitoring the Senate’s hearing on the renewal of 25-year congressional franchise and supposed violations of embattled broadcast firm ABS-CBN Corp., Malacañang said on Sunday.
Presidential Spokesperson Salvador Panelo said Duterte is too busy to find time to listen to the Senate’s deliberations on the franchise renewal of ABS-CBN.
“Hindi interesado doon si Presidente. Madaming trabaho si Presidente. Too many work (The President is not interested in it. The President has too many tasks to attend to. He has too many work),” Panelo said in an interview with dzIQ.
The Senate public services committee is scheduled to hold its first hearing on ABS-CBN’s franchise on Monday.
The Senate hearing will be conducted ahead of the House of Representatives’ deliberations on at least 11 pending bills that seek to extend ABS-CBN’s franchise for another 25 years.
Panelo reiterated that the Palace will not interfere in the legislative functions of Congress.
“Ang Palasyo, hindi nakikialam sa bawat galaw ng Kongreso, Senado, at ibang mga represante. Wala kami doon (The Palace does not interfere in every action of Congress, the Senate, and other representatives. We do not interfere). It’s their turf. We will not intrude into them,” he said.
Senate public services committee chairperson Grace Poe earlier told ABS-CBN that Solicitor General (SolGen) Jose Calida, who is seeking the nullification of ABS-CBN’s franchise, has been asked to attend the hearing.
Poe said Calida’s participation will be “crucial,” considering the alleged violations he mentioned in a quo warranto petition he earlier lodged against ABS-CBN before the Supreme Court (SC).
Panelo said the Palace would let Calida act on his own with regard to the latter’s bid to cease the broadcast operations of ABS-CBN.
He also maintained that the executive branch is ready to heed SC’s possible ruling on ABS-CBN’s franchise.
“Hindi ba sinabi na namin ang posisyon namin diyan. Trabaho ng SolGen iyan. Hayaan mo siya. Gawin niya ang trabaho niya. Kung ano ang sabihin ng Korte Supreme, eh di susunod tayo (We already made a position. It’s the SolGen’s job. Let him be. Let him do his job. We will also follow the Supreme Court’s possible decision),” he said.
ABS-CBN’s legislative franchise expires on March 30, unless Congress and Duterte grant a fresh 25-year extension.
Last week, Calida asked SC to revoke ABS-CBN’s franchise due to its supposed violation of the 1987 Constitution when it allowed foreign ownership of the Philippine media entity.
Section 11(1), Article 16 of the 1987 Constitution states that only Filipino citizens of Philippine organizations are allowed to participate in the ownership and management of Philippine mass media.
On Tuesday, Calida also called on SC to stop parties from issuing statements on the pending quo warranto suit against ABS-CBN’s franchise.
https://www.pna.gov.ph/articles/1094601
Sandigan's Justice Cruz passes on, 64
Sandiganbayan Associate Justice Reynaldo Cruz died on Friday after losing a bout with pneumonia. He was 64.
Cruz was one of the last appointees of former President Benigno Aquino III.
He was a senior member of the Fourth Division of the anti-graft court at the time of his death.
Born on July 8, 1955, Cruz was supposed to serve in the judiciary until he retires on July 8, 2025.
Cruz was an undersecretary at the Office of the Executive Secretary in Malacañang before his appointment to the anti-graft court on Jan. 20, 2016.
https://manilastandard.net/news/national/317990/sandigan-s-justice-cruz-passes-on-64.html
Cruz was one of the last appointees of former President Benigno Aquino III.
He was a senior member of the Fourth Division of the anti-graft court at the time of his death.
Born on July 8, 1955, Cruz was supposed to serve in the judiciary until he retires on July 8, 2025.
Cruz was an undersecretary at the Office of the Executive Secretary in Malacañang before his appointment to the anti-graft court on Jan. 20, 2016.
https://manilastandard.net/news/national/317990/sandigan-s-justice-cruz-passes-on-64.html
Philippine judicial regions
#880015 - 136, 0, 21
#ED1C24 - 237, 28, 26
#FFC90E - 255, 201, 14
#B97A57 - 185, 122, 87
Seares: How much time do ABS-CBN, Congress, Supreme Court have?
AMONG the murky points in the current controversy over the renewal of the ABS-CBN franchise, the more troublesome and annoying is this: When does the franchise actually expire?
The initial widespread understanding is that the franchise, approved on March 30, 1995, will expire on March 30 this year. (A Cebu lawyer wondered if the expiry date shouldn’t be May 3, 2020, anniversary date of the effectivity of the law, instead of the date of its approval. That would be a bonus of 33 days or so. But that theory hasn’t taken off.)
Another interpretation has gained more traction because it came from congressional leaders Senate President Tito Sotto and House Speaker Allan Peter Cayetano.
Until end of 18th Congress
Sotto and Cayetano said the franchise will expire only until the end of 18th Congress since the 11 bills for the renewal have already been filed in the House, where private bills and franchise bills originate.
But what is the basis for the theory that ABS-CBN may still operate after this March?
Isabela Rep. Antonio Albano, vice chairman of the House panel on legislative franchises, cited “rule of thumb” and an unspecified briefing purportedly made to the committee. Sotto cited practice in other franchise cases. Sen. Bong Go weighed in with his idea that ABS-CBN can opt for a 45-day extension through a temporary permit from NTC.
No specific law
Here’s the thing: They don’t name a specific law supporting the theory of life beyond death of a franchise. They point to the authority of the NTC to grant an extension through a temporary permit.
But would the NTC, an agency under the office of the president, do that without a statutory order from Congress? Would the commission not be strict about this particular franchise which President Duterte repeatedly said he didn’t want renewed? NTC is likely to demand legal authority from Congress.
Or Sotto and Cayetano might say they were wrong or they could be blocked by lawsuit or they’d change their mind. They are presidential allies.
Suing for time
That may be the reason Sen. Franklin Drilon in the Senate and Cebu’s Rep. Raul del Mar in the House filed separate resolutions for the extension of ABS-CBN’s franchise until the end of the 18th Congress in 2022. The resolutions both seek to give ABS-CBN a fair hearing, without committing to approve or reject the renewal.
That would supply Congress more time to act on the pending franchise bills although it wouldn’t take the network out of the woods yet.
Here’s why. Congress may decide not to renew the franchise and it may do that even before its term ends. Or the Supreme Court (SC) may rule that ABS-CBN violations deserve the stripping of its franchise. And that also can happen even if the period of extension has not yet been consumed.
Uncertainties
If ABS-CBN’s franchise wouldn’t be extended by grace of NTC or authority of Congress, the SC petition would be rendered academic by the end of this March. Court watchers say the high court may not have to decide the case by simply not ruling on the quo warranto petition before Congress renders it moot by dumping the proposal.
There are uncertainties on which light will be shed only as the controversy unravels. What is clear is that the multifaceted dispute has raised side issues, including alleged malpractices of the network, which could bury the real intent of those who set off the machinery of regulation: to avenge a past personal and political offense.
https://www.sunstar.com.ph/article/1845576
The initial widespread understanding is that the franchise, approved on March 30, 1995, will expire on March 30 this year. (A Cebu lawyer wondered if the expiry date shouldn’t be May 3, 2020, anniversary date of the effectivity of the law, instead of the date of its approval. That would be a bonus of 33 days or so. But that theory hasn’t taken off.)
Another interpretation has gained more traction because it came from congressional leaders Senate President Tito Sotto and House Speaker Allan Peter Cayetano.
Until end of 18th Congress
Sotto and Cayetano said the franchise will expire only until the end of 18th Congress since the 11 bills for the renewal have already been filed in the House, where private bills and franchise bills originate.
But what is the basis for the theory that ABS-CBN may still operate after this March?
Isabela Rep. Antonio Albano, vice chairman of the House panel on legislative franchises, cited “rule of thumb” and an unspecified briefing purportedly made to the committee. Sotto cited practice in other franchise cases. Sen. Bong Go weighed in with his idea that ABS-CBN can opt for a 45-day extension through a temporary permit from NTC.
No specific law
Here’s the thing: They don’t name a specific law supporting the theory of life beyond death of a franchise. They point to the authority of the NTC to grant an extension through a temporary permit.
But would the NTC, an agency under the office of the president, do that without a statutory order from Congress? Would the commission not be strict about this particular franchise which President Duterte repeatedly said he didn’t want renewed? NTC is likely to demand legal authority from Congress.
Or Sotto and Cayetano might say they were wrong or they could be blocked by lawsuit or they’d change their mind. They are presidential allies.
Suing for time
That may be the reason Sen. Franklin Drilon in the Senate and Cebu’s Rep. Raul del Mar in the House filed separate resolutions for the extension of ABS-CBN’s franchise until the end of the 18th Congress in 2022. The resolutions both seek to give ABS-CBN a fair hearing, without committing to approve or reject the renewal.
That would supply Congress more time to act on the pending franchise bills although it wouldn’t take the network out of the woods yet.
Here’s why. Congress may decide not to renew the franchise and it may do that even before its term ends. Or the Supreme Court (SC) may rule that ABS-CBN violations deserve the stripping of its franchise. And that also can happen even if the period of extension has not yet been consumed.
Uncertainties
If ABS-CBN’s franchise wouldn’t be extended by grace of NTC or authority of Congress, the SC petition would be rendered academic by the end of this March. Court watchers say the high court may not have to decide the case by simply not ruling on the quo warranto petition before Congress renders it moot by dumping the proposal.
There are uncertainties on which light will be shed only as the controversy unravels. What is clear is that the multifaceted dispute has raised side issues, including alleged malpractices of the network, which could bury the real intent of those who set off the machinery of regulation: to avenge a past personal and political offense.
https://www.sunstar.com.ph/article/1845576
Leaders who lunch
The always lovely and hardworking Belo Medical Group CEO and founder Dr. Vicki Belo recently teamed up with the well-loved and determined Manila Mayor Isko Moreno for an inspiring afternoon of beauty and purpose.
During the event, held at Rizal Park Hotel in Manila, Mayor Isko talked to the media about Thermage FLX, Belo Beauty’s famed skin-tightening treatment that gives immediate results.
At the event, Vicki also announced that she would be donating a substantial amount to the victims of the Taal Volcano eruption.
Congratulations to Belo Medical Group for a successful event!
Johnny’s Angels
A beauteous group of ladies fondly named “JL’s Angels” went out for a fun-filled ladies’ night out at Chef Jessie at Rockwell Club in Makati City.
The gathering was graced by some of my lovely friends from the business and social sectors. It was the perfect way to celebrate the decade that is to come.
Until the next one, ladies!
Double Celebration. Happiness was doubled recently when friends celebrated a joint birthday lunch for Dolly Bohol and Mila Aguila (seated, third and fourth from left) at Circles Event Cafe at Makati Shangri-La Manila. Joining the afternoon fun were (seated, from left) Mila Querubin, Ester Dee and Linda Pastoral; (standing, from left) Mariter Macapagal, Norma Francia, STAR president and CEO Miguel Belmonte, Susan Figueras, Annie Salonga and Gilda Salonga.
TV Today
PTV-4
Metro Channel
https://www.philstar.com/lifestyle/allure/2020/02/23/1995258/leaders-who-lunch
During the event, held at Rizal Park Hotel in Manila, Mayor Isko talked to the media about Thermage FLX, Belo Beauty’s famed skin-tightening treatment that gives immediate results.
At the event, Vicki also announced that she would be donating a substantial amount to the victims of the Taal Volcano eruption.
Congratulations to Belo Medical Group for a successful event!
Johnny’s Angels
A beauteous group of ladies fondly named “JL’s Angels” went out for a fun-filled ladies’ night out at Chef Jessie at Rockwell Club in Makati City.
The gathering was graced by some of my lovely friends from the business and social sectors. It was the perfect way to celebrate the decade that is to come.
Until the next one, ladies!
Double Celebration. Happiness was doubled recently when friends celebrated a joint birthday lunch for Dolly Bohol and Mila Aguila (seated, third and fourth from left) at Circles Event Cafe at Makati Shangri-La Manila. Joining the afternoon fun were (seated, from left) Mila Querubin, Ester Dee and Linda Pastoral; (standing, from left) Mariter Macapagal, Norma Francia, STAR president and CEO Miguel Belmonte, Susan Figueras, Annie Salonga and Gilda Salonga.
TV Today
PTV-4
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- 09:00am TOBOT: Galaxy Detectives - EP 0025 & 0026
- 09:30am Zoids WILD - EP 47
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- 10:30am Extreme Football - EP 34
- 11:00am Teenage Mutant Ninja Turtles S4 - EP 17
- 11:30am Abraureka S2 - EP 7
- 12:00pm Springtime In Vienna 2016
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- 10:00pm Singapore Tonight
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Metro Channel
- 06:00AM Inside the Storm: Back from the Brink
- 07:00AM Pastor Joseph Prince
- 07:30AM CGTN Travelogue
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- 09:00AM CGTN Big Story: Independent Documentary Films From Around the Globe
- 10:00AM Sports A New Horizon
- 10:30AM Animal Senses
- 11:00AM A Bite of Guangdong and Anti-Cov Guide
- 12:00PM CGTN Global Watch
- 01:00PM Planet of the Birds
- 02:00PM Kevin (Probably) Saves the World
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- 07:00PM FIBA Asia Cup 2021 Qualifiers: Philippines vs. Indonesia
- 09:30PM Closer Look at Property
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- 12:15AM Eredivisie 2020: Hercales vs. Ajax
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- 02:50AM Dolce Vita
- 03:20AM A User's Guide To Cheating Death
- 04:15AM Channel Closed for Maintenance
https://www.philstar.com/lifestyle/allure/2020/02/23/1995258/leaders-who-lunch
Saturday, February 22, 2020
‘Ang Probinsyano’ stars join ABS-CBN prayer vigil for franchise renewal
 |
| “Ang Probisyano” stars join the ABS-CBN prayer vigil. Image: Instagram/@cocomartin_ph, @johnprats |
The actors supported their home network by wearing white outfits and displaying a tied ribbon with the media company’s colors blue, green and red, yesterday, Feb. 21. ABS-CBN stars, staff and other employees came together in front of their main building in Quezon City to show their solidarity with the company and to defend the perceived attack against press freedom.
TV host Korina Sanchez took a few snippets from last night’s vigil and placed them in a collage as seen in her Instagram post yesterday. Candles lit the streets beside the network’s building as a sea of employees showed support.
Sanchez called them “heroes” and also used the hashtags #DefendPressFreedom and #YesToABSCBNFranchiseRenewal.
“Here you’ll see news anchor Julius Babao and Actor Jericho Rosales and cast members Angel Aquino, Jaime Fabregas, Rowell Santiago and Joel Torre,” Sanchez said.
Martin, who plays the main role of Cardo Dalisay in “Ang Probinsyano,” expressed his solidarity in his Instagram post. The action star showed the facade of the media company’s building filled with people, some raising their hands into a fist.
“Hindi ka namin iiwan at pababayaan (We will not leave and ignore you)!” Martin declared.
Actor John Prats also stood beside his fellow stars including Empoy Marquez and Raymart Santiago, among others, while holding up their glowing candles.
“Walang iwanan,” Prats said in his post yesterday.
Meanwhile, in the House of Representatives, Speaker Alan Peter Cayetano said he would coordinate with the National Telecommunications Commission (NTC) to allow the media network to continue operating while its bid for franchise renewal is pending. ABS-CBN’s franchise is set to expire on March 30. /ra
https://entertainment.inquirer.net/365490/ang-probinsyano-stars-join-abs-cbn-prayer-vigil-for-franchise-renewal
ABS-CBN Franchise Renewal Issue: A PEP Primer
#NoToABSCBNShutdown or #YesToABSCBNShutdown?
You can solidly be in one camp or another, but whichever you choose, it is important to get a full grasp of this polarizing issue.
ABS-CBN is in danger of not having its franchise renewed when it expires on March 30, 2020.
In the latest development, Senate Minority Leader Franklin Drilon filed a joint resolution seeking to extend ABS-CBN's franchise until the end of 2022.
Drilon says, "There is a view in Congress that the franchise can continue to exist until June 30 of 2022, but there is no final judgment on that by the Supreme Court. When the Supreme Court will say that the franchise can continue up to June of 2022, well, good. But if not, we will have problems."
Here’s a short primer to help you become fully informed:
WHAT IS THE FRANCHISE AND WHY DOES ABS-CBN NEED A FRANCHISE?
Every TV and radio network in the Philippines needs a franchise to be able to broadcast their content over the airwaves.
Under Republic Act 3846 of 1931, also known as the Radio Control Law, every broadcasting company has to obtain a franchise from the Philippine legislature before it can operate. Section 1 of the Act states, “No person, firm, company, association or corporation shall construct, install, establish, or operate a radio station within the Philippine Islands without having first obtained a franchise therefore from the Philippine Legislature.”
ABS-CBN’s obtained its current franchise on March 30, 1995, when then President Fidel Ramos signed Republic Act 7966. This granted a 25-year franchise to the Kapamilya network. The franchise expires on March 30, 2020.
HOW CAN ABS-CBN RENEW ITS FRANCHISE?
The process starts in the Legislative branch, where a House Representative must file a Bill for the franchise renewal. The attempt to renew happened several times now.
In September 2014, Congressman Giorgidi Aggabao of Isabela filed one for the 16th Congress, but it was not successful.
Two attempts were then made in November 2016. Congresswoman Micaela Violago of Nueva Ecija filed the first House Bill, while brothers Congressman Karlo Nograles of Davao and PBA Party-list Representative Jericho Nograles filed the second. The two bills also did not pass.
In 2019, Congresswoman Violago tried once again by filing her previous bill. In the Senate, Senator Ralph Recto filed a similar bill. Both bills are still far from being made into law.
When the bill passes in the House, it must also pass in the Senate. Only then can it become a law that will extend ABS-CBN’s license to operate for another 25 years.
The bill will then have to be signed by President Rodrigo Duterte or it can automatically lapse into law if the President fails to sign it and does not veto.
WHY IS ABS-CBN IN DANGER OF NOT GETTING A FRANCHISE?
The simple answer is that President Rodrigo Duterte has openly declared that he would object to the renewal of an ABS-CBN franchise.
Duterte has been very vocal about wanting to take ABS-CBN off the air, saying that the network had wronged him.
In November 2018, Duterte admitted that that he dislikes the network and the family that owns it. He disclosed this in a speech that he delivered in Aklan.
He said that while campaigning during the presidential election of 2016, he paid the Kapamilya network to air his political ad, but the network did not, even after the ad had been paid. He added that he was further insulted when the network aired ads attacking him, which he said were paid for by the opposition.
Duterte also reserved defamatory words for ABS-CBN’s chairman emeritus, businessman Gabby Lopez.
Duterte said: "Alam mo yung ginawa ng mga put*ngina kayo, ikaw Gabby. Inuna mo pa yung advertisement ni [Antonio] Trillanes na hindi ikaw. Pinaniraan ako ng mga bata, ay si Duterte killer yan. Sa batas, there was an injunction na hindi pwede yan kasi bawal na gamitin mo ang bata. And yet pumunta talaga kayo, went ahead with the show and made it public."
Duterte has repeatedly made it clear that he is against any renewal of the ABS-CBN franchise.
"Yung franchise ninyo, matatapos. But let me ask you questions first. Kasi ako talaga mag-object na ma-renew kayo. Alam mo bakit? Magnanakaw kayo. Estapador. Ginawa ninyo sa amin, marami kami," he said in the Aklan speech delivered in November 2018.
IS THE SHUTDOWN RELATED TO THE SUPPOSED NON-PAYMENT OF ABS-CBN OF TAXES?
This allegation about ABS-CBN’s tax issues is simply untrue, says ABS-CBN. In a statement released last February 13, ABS-CBN maintained that it pays the correct taxes to the government.
The statement read, “ABS-CBN has no outstanding tax liability with the Bureau of Internal Revenue (BIR). In fact, the BIR issued a Tax Clearance Certificate to ABS-CBN in 2019. For the past 17 years, ABS-CBN has paid a total of P70.5 billion in taxes to the government, making the company one of the biggest taxpayers in the country. We have also been cited as one of the Top 200 Non-Individual Taxpayers nationwide.”
The Bureau of Internal Revenue (BIR) confirmed this with a statement saying that ABS-CBN does not have a pending tax issue with the agency.
WHAT HAPPENS TO ABS-CBN IF IT LOSES ITS FRANCHISE? WILL IT CEASE OPERATIONS?
ABS-CBN will have to stop its broadcasting arm, which includes its television and radio channels. The following TV stations may be taken off the air: ABS-CBN channel 2, ABS-CBN Sports and Action, The Filipino Channel, Kapamilya Box Office, Jeepney TV, Knowledge Channel, Metro Channel, Myx, O Shopping, and all its regional channels.
Meanwhile, the franchise for Channel 23, which it also owns, will expire by July 2020.
The following radio stations may also have to be shuttered: DZMM Radyo Patrol 630 KHz, MOR 101.9 My Only Radio For Life! 101.9 MHz, and all its regional radio stations.
But ABS-CBN will not fully be devastated because it still has its film production arm Star Cinema, recording company Star Records, as well as its online and publishing arms and streaming services like iWant. These ventures do not need the franchise to operate.
FPJ’s Ang Probinsyano can continue streaming via iWant, or maybe via YouTube. Di pa mamamatay si Cardo ni Coco Martin kahit may shutdown.
CAN ABS-CBN SHOWS BE AIRED ON RIVAL NETWORKS AND/OR CABLE TELEVISION?
There are those saying that ABS-CBN could become a blocktimer in other networks.
One of these could be TV5, a rival network chaired by Manny V. Pangilinan.
Pangilinan said in a December 2019 interview that TV5 is open to having a blocktime deal, but clarified that there are no ongoing talks with ABS-CBN.
“We have lots of highways on 5,” he was quoted as saying in an interview back then with the Philippine Star. “Setting aside politics, if they want to blocktime, we are prepared to talk.
“We don’t have much entertainment content. It’s up to them.”
If the blocktime agreement pushes through, ABS-CBN will rent TV5’s airtime, so it can continue airing its shows.
Another option is to air Kapamilya shows on cable television.
A national group of 600 cable operators in the Philippines is willing to air ABS-CBN shows and other programs if the TV network loses its franchise.
“Kapag itong [Ang] Probinsyano, mawawala, hahanapin ito sa amin. Hihingi lang sila ng isang channel sa amin—if the price is right,” said Estrellita Juliano-Tamano, chair of the Federation of International Cable TV and Telecommunication Association of the Philippines (FICTAP).
WHO ARE THE ONES TRULY AFFECTED BY THE SHUTDOWN?
The downsizing of ABS-CBN’s operation directly affects its employees. The National Union of Journalists of the Philippines (NUJP) estimates that up to 11,000 workers will lose their jobs when ABS-CBN channels are shut down.
“Do not allow one man’s vindictiveness displace thousands of workers, including journalists and artists, and spell the end for freedom of the press and of expression,” NUJP said in a statement.
WHAT IS THE QUO WARRANTO PETITION FILED AGAINST ABS-CBN?
Although this is still about ABS-CBN’s franchise, it is not connected to the bills seeking a franchise renewal submitted to Congress.
On February 10, the Office of the Solicitor General (OSG) filed with the Supreme Court a petition for quo warranto against ABS-CBN. Solicitor General Jose Calida claimed that the Kapamilya network committed “highly abusive practices” that should result in the outright cancelation of its franchise.
One of them is ABS-CBN’s pay-per-view service through its TV Plus devices, which the OSG said was not part of its franchise.
The OSG also alleged that ABS-CBN violated the constitutional requirement that media establishments in the Philippines must be 100% Filipino-owned, because it offered Philippine Depositary Receipts to foreign investors.
ABS-CBN answered these allegations on the same day. The network maintained that it did not violate the law because all of its actions had been evaluated and approved by government agencies, including the Securities and Exchange Commission, and the Philippine Stock Exchange.
https://www.pep.ph/guide/tv/149552/abs-cbn-franchise-renewal-issue-a-pep-primer-a738-20200222-lfrm
You can solidly be in one camp or another, but whichever you choose, it is important to get a full grasp of this polarizing issue.
ABS-CBN is in danger of not having its franchise renewed when it expires on March 30, 2020.
In the latest development, Senate Minority Leader Franklin Drilon filed a joint resolution seeking to extend ABS-CBN's franchise until the end of 2022.
Drilon says, "There is a view in Congress that the franchise can continue to exist until June 30 of 2022, but there is no final judgment on that by the Supreme Court. When the Supreme Court will say that the franchise can continue up to June of 2022, well, good. But if not, we will have problems."
Here’s a short primer to help you become fully informed:
WHAT IS THE FRANCHISE AND WHY DOES ABS-CBN NEED A FRANCHISE?
Every TV and radio network in the Philippines needs a franchise to be able to broadcast their content over the airwaves.
Under Republic Act 3846 of 1931, also known as the Radio Control Law, every broadcasting company has to obtain a franchise from the Philippine legislature before it can operate. Section 1 of the Act states, “No person, firm, company, association or corporation shall construct, install, establish, or operate a radio station within the Philippine Islands without having first obtained a franchise therefore from the Philippine Legislature.”
ABS-CBN’s obtained its current franchise on March 30, 1995, when then President Fidel Ramos signed Republic Act 7966. This granted a 25-year franchise to the Kapamilya network. The franchise expires on March 30, 2020.
HOW CAN ABS-CBN RENEW ITS FRANCHISE?
The process starts in the Legislative branch, where a House Representative must file a Bill for the franchise renewal. The attempt to renew happened several times now.
In September 2014, Congressman Giorgidi Aggabao of Isabela filed one for the 16th Congress, but it was not successful.
Two attempts were then made in November 2016. Congresswoman Micaela Violago of Nueva Ecija filed the first House Bill, while brothers Congressman Karlo Nograles of Davao and PBA Party-list Representative Jericho Nograles filed the second. The two bills also did not pass.
In 2019, Congresswoman Violago tried once again by filing her previous bill. In the Senate, Senator Ralph Recto filed a similar bill. Both bills are still far from being made into law.
When the bill passes in the House, it must also pass in the Senate. Only then can it become a law that will extend ABS-CBN’s license to operate for another 25 years.
The bill will then have to be signed by President Rodrigo Duterte or it can automatically lapse into law if the President fails to sign it and does not veto.
WHY IS ABS-CBN IN DANGER OF NOT GETTING A FRANCHISE?
The simple answer is that President Rodrigo Duterte has openly declared that he would object to the renewal of an ABS-CBN franchise.
Duterte has been very vocal about wanting to take ABS-CBN off the air, saying that the network had wronged him.
In November 2018, Duterte admitted that that he dislikes the network and the family that owns it. He disclosed this in a speech that he delivered in Aklan.
He said that while campaigning during the presidential election of 2016, he paid the Kapamilya network to air his political ad, but the network did not, even after the ad had been paid. He added that he was further insulted when the network aired ads attacking him, which he said were paid for by the opposition.
Duterte also reserved defamatory words for ABS-CBN’s chairman emeritus, businessman Gabby Lopez.
Duterte said: "Alam mo yung ginawa ng mga put*ngina kayo, ikaw Gabby. Inuna mo pa yung advertisement ni [Antonio] Trillanes na hindi ikaw. Pinaniraan ako ng mga bata, ay si Duterte killer yan. Sa batas, there was an injunction na hindi pwede yan kasi bawal na gamitin mo ang bata. And yet pumunta talaga kayo, went ahead with the show and made it public."
Duterte has repeatedly made it clear that he is against any renewal of the ABS-CBN franchise.
"Yung franchise ninyo, matatapos. But let me ask you questions first. Kasi ako talaga mag-object na ma-renew kayo. Alam mo bakit? Magnanakaw kayo. Estapador. Ginawa ninyo sa amin, marami kami," he said in the Aklan speech delivered in November 2018.
IS THE SHUTDOWN RELATED TO THE SUPPOSED NON-PAYMENT OF ABS-CBN OF TAXES?
This allegation about ABS-CBN’s tax issues is simply untrue, says ABS-CBN. In a statement released last February 13, ABS-CBN maintained that it pays the correct taxes to the government.
The statement read, “ABS-CBN has no outstanding tax liability with the Bureau of Internal Revenue (BIR). In fact, the BIR issued a Tax Clearance Certificate to ABS-CBN in 2019. For the past 17 years, ABS-CBN has paid a total of P70.5 billion in taxes to the government, making the company one of the biggest taxpayers in the country. We have also been cited as one of the Top 200 Non-Individual Taxpayers nationwide.”
The Bureau of Internal Revenue (BIR) confirmed this with a statement saying that ABS-CBN does not have a pending tax issue with the agency.
WHAT HAPPENS TO ABS-CBN IF IT LOSES ITS FRANCHISE? WILL IT CEASE OPERATIONS?
ABS-CBN will have to stop its broadcasting arm, which includes its television and radio channels. The following TV stations may be taken off the air: ABS-CBN channel 2, ABS-CBN Sports and Action, The Filipino Channel, Kapamilya Box Office, Jeepney TV, Knowledge Channel, Metro Channel, Myx, O Shopping, and all its regional channels.
Meanwhile, the franchise for Channel 23, which it also owns, will expire by July 2020.
The following radio stations may also have to be shuttered: DZMM Radyo Patrol 630 KHz, MOR 101.9 My Only Radio For Life! 101.9 MHz, and all its regional radio stations.
But ABS-CBN will not fully be devastated because it still has its film production arm Star Cinema, recording company Star Records, as well as its online and publishing arms and streaming services like iWant. These ventures do not need the franchise to operate.
FPJ’s Ang Probinsyano can continue streaming via iWant, or maybe via YouTube. Di pa mamamatay si Cardo ni Coco Martin kahit may shutdown.
CAN ABS-CBN SHOWS BE AIRED ON RIVAL NETWORKS AND/OR CABLE TELEVISION?
There are those saying that ABS-CBN could become a blocktimer in other networks.
One of these could be TV5, a rival network chaired by Manny V. Pangilinan.
Pangilinan said in a December 2019 interview that TV5 is open to having a blocktime deal, but clarified that there are no ongoing talks with ABS-CBN.
“We have lots of highways on 5,” he was quoted as saying in an interview back then with the Philippine Star. “Setting aside politics, if they want to blocktime, we are prepared to talk.
“We don’t have much entertainment content. It’s up to them.”
If the blocktime agreement pushes through, ABS-CBN will rent TV5’s airtime, so it can continue airing its shows.
Another option is to air Kapamilya shows on cable television.
A national group of 600 cable operators in the Philippines is willing to air ABS-CBN shows and other programs if the TV network loses its franchise.
“Kapag itong [Ang] Probinsyano, mawawala, hahanapin ito sa amin. Hihingi lang sila ng isang channel sa amin—if the price is right,” said Estrellita Juliano-Tamano, chair of the Federation of International Cable TV and Telecommunication Association of the Philippines (FICTAP).
WHO ARE THE ONES TRULY AFFECTED BY THE SHUTDOWN?
The downsizing of ABS-CBN’s operation directly affects its employees. The National Union of Journalists of the Philippines (NUJP) estimates that up to 11,000 workers will lose their jobs when ABS-CBN channels are shut down.
“Do not allow one man’s vindictiveness displace thousands of workers, including journalists and artists, and spell the end for freedom of the press and of expression,” NUJP said in a statement.
WHAT IS THE QUO WARRANTO PETITION FILED AGAINST ABS-CBN?
Although this is still about ABS-CBN’s franchise, it is not connected to the bills seeking a franchise renewal submitted to Congress.
On February 10, the Office of the Solicitor General (OSG) filed with the Supreme Court a petition for quo warranto against ABS-CBN. Solicitor General Jose Calida claimed that the Kapamilya network committed “highly abusive practices” that should result in the outright cancelation of its franchise.
One of them is ABS-CBN’s pay-per-view service through its TV Plus devices, which the OSG said was not part of its franchise.
The OSG also alleged that ABS-CBN violated the constitutional requirement that media establishments in the Philippines must be 100% Filipino-owned, because it offered Philippine Depositary Receipts to foreign investors.
ABS-CBN answered these allegations on the same day. The network maintained that it did not violate the law because all of its actions had been evaluated and approved by government agencies, including the Securities and Exchange Commission, and the Philippine Stock Exchange.
https://www.pep.ph/guide/tv/149552/abs-cbn-franchise-renewal-issue-a-pep-primer-a738-20200222-lfrm
ABS-CBN cannot invoke freedom of speech to secure franchise
"The right of the individual is far different from the rights of corporations."
As usual, ABS-CBN and its horde of patrons are raising the defense based on that worn-out libertarian precept of freedom of speech and of expression. They take that political tenet as immutable, and not subject to political persuasion or influence. They insist that such is enshrined in our Bill of Rights. Section 4, Article III of the Constitution provides, to quote: “No law shall be passed abridging the freedom of speech, of expression, or the press, or rights of the people to peaceable assemble and petition the Government for redress of grievances.” The owners of ABS-CBN in their battle to stave-off the non-renewal of their franchise, claim that this would result in curtailing their right to exercise freedom of speech and of expression to weaken the very foundation of our so-called democratic institution.
Taking this particular issue of freedom as their primordial defense, one could not help but mention that this particular industry, commonly known as mass media, is owned and operated by a rather notorious oligarch that one cannot exactly see as a model for society to imbibe. One must note that the owners of ABS-CBN is not fighting for their rights, as individuals fighting for their rights, but one seeking to secure an extension of their rights through a franchise to operate. They are fighting for their propriety right as owners and/or stockholders of a behemoth corporation. The right of the individual which is wholly circumscribed to the rights of the citizens enumerated in the Bill of Rights is far different from the rights of corporations seeking a franchise to operate.
The right of an industry like ABS-CBN is definitely not the same as the right of an individual seeking to protect his liberty, viz. his very existence. ABS-CBN is seeking to extend its freedom over and above the rights of the individual. ABS-CBN being engaged in mass media accords it the privilege to broadcast news and disseminate information and opinion with the end goal of influencing public policy and worse, in promoting and even undermining the credibility of the governments that refuses to give in to its demand for extra accommodation.
This means that the exercise of freedom using the instrumentalities and facilities of modern mass media to reach millions of listeners and viewers to far-flung areas of the archipelago is totally different from the exercise of the individual demanding freedom of speech, of the press and expression.
It is this delineation between the rights of the individual and that of a corporation why the rights of the individual is embedded in the Constitution as Bill of Right while the rights of the corporation, circumscribed to protecting public interest, are limited and prescribed to its franchise. They can never be the same because owners of corporations have enormous capital while individuals only have their sweat and their labor to be heard. The focus of the individual liberty is circumscribed to their freedom of speech and of expression which is basic to his existence as human being. Meanwhile, a corporation is anchored on their proprietary rights to disseminate news and information to the masses. The consequence of their exercise of that privilege is to reduce the individual taken as public to mere listeners, digesting views fed unto them by the factory known as mass media. Often they equate their opinion as the view of the majority of the people and not of the stockholders.
Mass media in layman’s language is a specialized venue to allow corporations to extend their freedom of speech, of the press and of expression which we all know is further specialized to different fields such as broadcasting, television and print media.
A deeper circumspection of ABS-CBN, which is the leading in the industry, would clearly indicate they are not exercising their freedom, but are doing the work to mould and influence the public to accept the views of the corporation rooted on their interest as owners. There is no way for the general public can rebut or object what they are saying.
In fact, allowing one’s view to be published, aired, or shown on television is like a gift from God because their pre-examination of its contents is not considered by them as censorship but a prerogative by their editor or management. The franchisee as owners think it has every right to censor and or reject any view opposing or dissenting that of the management. The public is thus reduced to mere audience accepting every conceivable trash dished out by demagogues as thought lifted from the Holy Scripture. The unwary public can only swallow hook, and sinker lies, propaganda, or disinformation, and the government is often placed on the defensive for the fact that owners of the franchise easily hide behind the curtain of freedom of speech, of the press and of expression to confuse the general public.
(To be continued)
https://www.manilastandard.net/opinion/columns/backbencher-by-rod-kapunan/317891/abs-cbn-cannot-invoke-freedom-of-speech-to-secure-franchise.html
As usual, ABS-CBN and its horde of patrons are raising the defense based on that worn-out libertarian precept of freedom of speech and of expression. They take that political tenet as immutable, and not subject to political persuasion or influence. They insist that such is enshrined in our Bill of Rights. Section 4, Article III of the Constitution provides, to quote: “No law shall be passed abridging the freedom of speech, of expression, or the press, or rights of the people to peaceable assemble and petition the Government for redress of grievances.” The owners of ABS-CBN in their battle to stave-off the non-renewal of their franchise, claim that this would result in curtailing their right to exercise freedom of speech and of expression to weaken the very foundation of our so-called democratic institution.
Taking this particular issue of freedom as their primordial defense, one could not help but mention that this particular industry, commonly known as mass media, is owned and operated by a rather notorious oligarch that one cannot exactly see as a model for society to imbibe. One must note that the owners of ABS-CBN is not fighting for their rights, as individuals fighting for their rights, but one seeking to secure an extension of their rights through a franchise to operate. They are fighting for their propriety right as owners and/or stockholders of a behemoth corporation. The right of the individual which is wholly circumscribed to the rights of the citizens enumerated in the Bill of Rights is far different from the rights of corporations seeking a franchise to operate.
The right of an industry like ABS-CBN is definitely not the same as the right of an individual seeking to protect his liberty, viz. his very existence. ABS-CBN is seeking to extend its freedom over and above the rights of the individual. ABS-CBN being engaged in mass media accords it the privilege to broadcast news and disseminate information and opinion with the end goal of influencing public policy and worse, in promoting and even undermining the credibility of the governments that refuses to give in to its demand for extra accommodation.
This means that the exercise of freedom using the instrumentalities and facilities of modern mass media to reach millions of listeners and viewers to far-flung areas of the archipelago is totally different from the exercise of the individual demanding freedom of speech, of the press and expression.
It is this delineation between the rights of the individual and that of a corporation why the rights of the individual is embedded in the Constitution as Bill of Right while the rights of the corporation, circumscribed to protecting public interest, are limited and prescribed to its franchise. They can never be the same because owners of corporations have enormous capital while individuals only have their sweat and their labor to be heard. The focus of the individual liberty is circumscribed to their freedom of speech and of expression which is basic to his existence as human being. Meanwhile, a corporation is anchored on their proprietary rights to disseminate news and information to the masses. The consequence of their exercise of that privilege is to reduce the individual taken as public to mere listeners, digesting views fed unto them by the factory known as mass media. Often they equate their opinion as the view of the majority of the people and not of the stockholders.
Mass media in layman’s language is a specialized venue to allow corporations to extend their freedom of speech, of the press and of expression which we all know is further specialized to different fields such as broadcasting, television and print media.
A deeper circumspection of ABS-CBN, which is the leading in the industry, would clearly indicate they are not exercising their freedom, but are doing the work to mould and influence the public to accept the views of the corporation rooted on their interest as owners. There is no way for the general public can rebut or object what they are saying.
In fact, allowing one’s view to be published, aired, or shown on television is like a gift from God because their pre-examination of its contents is not considered by them as censorship but a prerogative by their editor or management. The franchisee as owners think it has every right to censor and or reject any view opposing or dissenting that of the management. The public is thus reduced to mere audience accepting every conceivable trash dished out by demagogues as thought lifted from the Holy Scripture. The unwary public can only swallow hook, and sinker lies, propaganda, or disinformation, and the government is often placed on the defensive for the fact that owners of the franchise easily hide behind the curtain of freedom of speech, of the press and of expression to confuse the general public.
(To be continued)
https://www.manilastandard.net/opinion/columns/backbencher-by-rod-kapunan/317891/abs-cbn-cannot-invoke-freedom-of-speech-to-secure-franchise.html
Ex-CJ Puno, Senator Drilon reiterate ABS-CBN can’t operate beyond expired franchise
Former Supreme Court Chief Justice (CJ) Reynato Puno and Senator Franklin Drilon asserted that ABS-CBN could no longer operate after March 30, 2020 without a new franchise.
In a One News report yesterday, February 21, Puno said it was in line with the February 2003 Supreme Court decision on the case of Associated Communications & Wireless Services United Broadcasting Network, Inc. (ACWS) against the National Telecommunications Commission (NTC).
The SC has not allowed the ACWS to broadcast without a new legislative franchise from Congress.
This is also the view of the former Chief Justice in the ABS-CBN franchise case ending March 30.
Puno said: “This ABS-CBN, if the franchise expires, cannot get from the National Telecommunications Commission the authority to operate after the expiration of the franchise.
“The National Telecommunications Commission does not have that power.”
He added: “While Congress is taking time in deliberating whether to grant or not to grant a new franchise to ABS-CBN, I would like to think that it has only subsidiary powers and one of those subsidiary powers is to preserve the status quo .
“That sounds like a judiciary, too. For example, the Supreme Court assumes jurisdiction over a case, or does it have the power to issue TRO or other lesser writs, as well. ”
Puno served as Chief Justice of the country from December 2006 to May 2010.
SENATOR DRILON ECHOES WITH OPINION
In Senator Franklin Drilon's interview with Karen Davila on the ANC's Headstart program yesterday, lawmakers questioned Puno's remarks.
This is contrary to the view of some lawmakers who said that ABS-CBN could still operate even if its franchise expired.
Some lawmakers say the network franchise could be extended until 2022 if Congress fails to grant it a new legislative franchise before March 30.
Senator Drilon said: "The Supreme Court has squarely ruled that a franchisee cannot anymore operate as a broadcast station if there is no longer a franchise.
"Of course, there is this view [from politicians], but you are taking a risk that the Supreme Court will rule otherwise as it has ruled in some cases."
Drilon also said that the law does not allow the NTC to issue a temporary operations permit at a fire station.
The senator said he suspected a state regulator on ABS-CBN because the NTC was under the Office of the President.
President Rodrigo Duterte has repeatedly threatened to block any bill that would provide a new franchise to the Kapamilya network.
This is why Senator Drilon has filed a joint resolution in the Senate aimed at extending the ABS-CBN franchise until 2022.
“It's not for ABS-CBN. It is for Congress to be given time to review the very serious allegations made by Solicitor General [Jose Calida] in the Supreme Court, ”the senator explained.
The Office of the Solicitor General filed a quo warranto petition in the Supreme Court on February 10, to revoke the existing franchise of the network for alleged violations of its legislative franchise.
Drilon also asserted that Congress was the right venue for franchise renewal — not the Supreme Court.
He said, “Whether or not ABS-CBN has violated the terms of its franchise, it would have to be passed upon by Congress because we are in the process of renewing.
"The jurisdiction is with us."
In the event that Drilon's joint resolution be passed to Congress and approved by President Duterte, it has a false pretense that it is a legitimate law.
This will help the ABS-CBN's 11,000 staff not to worry.
Drilon promises: "I do not want to risk the livelihood of the 11,000 ABS-CBN employees on a theory that ABS-CBN and its 11,000 employees can continue after March 30 without a franchise."
https://www.pep.ph/news/local/149534/puno-drilon-abs-cbn-franchise-renewal-a718-20200221
In a One News report yesterday, February 21, Puno said it was in line with the February 2003 Supreme Court decision on the case of Associated Communications & Wireless Services United Broadcasting Network, Inc. (ACWS) against the National Telecommunications Commission (NTC).
The SC has not allowed the ACWS to broadcast without a new legislative franchise from Congress.
This is also the view of the former Chief Justice in the ABS-CBN franchise case ending March 30.
Puno said: “This ABS-CBN, if the franchise expires, cannot get from the National Telecommunications Commission the authority to operate after the expiration of the franchise.
“The National Telecommunications Commission does not have that power.”
He added: “While Congress is taking time in deliberating whether to grant or not to grant a new franchise to ABS-CBN, I would like to think that it has only subsidiary powers and one of those subsidiary powers is to preserve the status quo .
“That sounds like a judiciary, too. For example, the Supreme Court assumes jurisdiction over a case, or does it have the power to issue TRO or other lesser writs, as well. ”
Puno served as Chief Justice of the country from December 2006 to May 2010.
SENATOR DRILON ECHOES WITH OPINION
In Senator Franklin Drilon's interview with Karen Davila on the ANC's Headstart program yesterday, lawmakers questioned Puno's remarks.
This is contrary to the view of some lawmakers who said that ABS-CBN could still operate even if its franchise expired.
Some lawmakers say the network franchise could be extended until 2022 if Congress fails to grant it a new legislative franchise before March 30.
Senator Drilon said: "The Supreme Court has squarely ruled that a franchisee cannot anymore operate as a broadcast station if there is no longer a franchise.
"Of course, there is this view [from politicians], but you are taking a risk that the Supreme Court will rule otherwise as it has ruled in some cases."
Drilon also said that the law does not allow the NTC to issue a temporary operations permit at a fire station.
The senator said he suspected a state regulator on ABS-CBN because the NTC was under the Office of the President.
President Rodrigo Duterte has repeatedly threatened to block any bill that would provide a new franchise to the Kapamilya network.
This is why Senator Drilon has filed a joint resolution in the Senate aimed at extending the ABS-CBN franchise until 2022.
“It's not for ABS-CBN. It is for Congress to be given time to review the very serious allegations made by Solicitor General [Jose Calida] in the Supreme Court, ”the senator explained.
The Office of the Solicitor General filed a quo warranto petition in the Supreme Court on February 10, to revoke the existing franchise of the network for alleged violations of its legislative franchise.
Drilon also asserted that Congress was the right venue for franchise renewal — not the Supreme Court.
He said, “Whether or not ABS-CBN has violated the terms of its franchise, it would have to be passed upon by Congress because we are in the process of renewing.
"The jurisdiction is with us."
In the event that Drilon's joint resolution be passed to Congress and approved by President Duterte, it has a false pretense that it is a legitimate law.
This will help the ABS-CBN's 11,000 staff not to worry.
Drilon promises: "I do not want to risk the livelihood of the 11,000 ABS-CBN employees on a theory that ABS-CBN and its 11,000 employees can continue after March 30 without a franchise."
https://www.pep.ph/news/local/149534/puno-drilon-abs-cbn-franchise-renewal-a718-20200221
The long goodbye
The legislative calendar has Congress adjourning on March 14, 2020. Session will resume around 50 days later, on May 4, 2020. By then, the expiration of ABS-CBN Corporation’s Congressional Franchise to operate TV and radio broadcasting stations in the Philippines through microwave, satellite or whatever means including the use of new technologies in television and radio systems may have become fait accomplish. Their franchise was last renewed in March 30, 1995. The term was for 25 years. Thus, their D-Day for another renewal is March 30, 2020.
ABS-CBN lays the strongest claim to being the country’s leading media and entertainment company, offering services across a wide array of platforms, including digital. Its VHF Television network, using Channel 2 in Metro Manila, has a penetration of 97 percent of all TV owning households. Radio, cable, digital, film, publishing, etc., all these are dominated by ABS-CBN in terms of technology, production and the content that it creates on its own. The company’s reach is global.
Its multi awarded news and public affairs division programming is an intrinsic part of Filipinos’ daily reality. Whatever we’re into during prime time, it’s still gospel to supply our inner citizen with quick fixes from TV Patrol, Bandila or their cable news channel, ANC (along with GMA, TV5, CNN, PTV4, EBC and the other equally substantial network and cable channels). Indubitably, if ABS-CBN should go off the air in 38 days, plenty will feel unmoored.
In these 38 days, surely uncertainty. The House franchise committee refusing to even schedule a hearing; the Senate public services committee with its own hearing on Monday even if franchises are constitutionally obliged to originate in the House. It’s not just procedural minefields to negotiate, there are the core value issues of freedom of speech and the inevitable separation of powers hurdle with Solicitor General Jose Calida’s Quo Warranto petition insinuating itself into the fray, notwithstanding that the matter is already before Congress. The soap opera has left ABS-CBN’s portals and transferred to the Batasan. Talk about life imitating art.
Best case, it operates until end of the Session during which the franchise renewal was filed. This means June of 2020 or even end of the 18th Congress which takes it to June 2022. Bad case scenario, complete stop by March 30, 2020. But this is not the worst case. After all, ABS-CBN is not prevented from continuing to apply for a franchise. The worst is outright denial of franchise plus to be Quo Warrantoed out. And, there are even indications that the company’s operations will also be questioned on trust and competition grounds given the vertical integration of ABS-CBN’s content and exhibition/publication venues.
VFA Redux. Many were happy to see veteran Senators Francisco “Kit” Tatad and Rodolfo “Pong” Biazon as resource persons in the Senate foreign affairs committee hearing on the Senate’s planned Petition for Declaratory Relief. The two were integral to the debates on the ratification of the Visiting Forces Agreement in 1999.
As expected, the Department of Foreign Affairs insists on its reading that the President is empowered to withdraw from treaties/international agreements even without Senatorial concurrence. We’re sure the Senators didn’t stage the hearing to try to change minds. Its no one’s fault that the Constitution is opaque on the Senate’s role in treaty breaking in contrast to constitutional clarity on their role in treaty making.
We delight in seeing the Senate proactive in reclaiming lost ground. Its no good for the institution to lose the power by default which is what would happen if they keep their peace. The Executive may claim the power in the first instance. This is really the image of treaty making that we remember. Negotiation and diplomacy. Even in the constitutional design, the treaty power appears in Article VII on the Executive.
The debates in the Senate for concurrence aren’t as memorable. They take place after the fact and because they appear to be no different from the other forensic competitions in the hall (I would have used the adjective “great” but, alas, there has been a seismic shift now from the Senate to the House as venue of worthier speech and debate experiences). Nonetheless, Senate concurrence, though a condition subsequent, is still a condition. This element is the indispensable ingredient in converting mere agreements between executive officials into the equivalent of laws of the land.
But if you think a sideways pass to the Supreme Court resolves this, then good luck. In the US, judicial temperance prevented an outright resolution of the issue when their High Court was asked to declare unconstitutional President James Earl “Jimmy” Carter’s nullification of the Mutual Defense Treaty between US and Taiwan. The American justices yielded to the political question doctrine – that the matter was for the two political departments to sort out – to justify a hands off position. The Court also conceded that there was no dispute to trigger their jurisdiction. The case was filed by Senators (Republicans Goldwater and Co.) and not by the Senate as an institution. The latter did not even act officially by filing a Resolution expressing their sense against the unilateral termination.
In the same way, our Senate may have passed its Resolution in the aftermath of PRRD’s notice of termination. But it was not a Resolution in opposition to the Executive action. Though backed by 13 votes, the tenor of the same merely urged the President to reconsider. Where, thus, is the justiciable controversy if the Senate does not object to the withdrawal? This might be a way out for the Court. Invoke the political question doctrine and the justiciability card.
“Therefore we do not lose heart. Even though our outward man is perishing, yet the inward man is being renewed day by day.” 2 Corinthians 4:16.
https://www.philstar.com/opinion/2020/02/22/1995049/long-goodbye
ABS-CBN lays the strongest claim to being the country’s leading media and entertainment company, offering services across a wide array of platforms, including digital. Its VHF Television network, using Channel 2 in Metro Manila, has a penetration of 97 percent of all TV owning households. Radio, cable, digital, film, publishing, etc., all these are dominated by ABS-CBN in terms of technology, production and the content that it creates on its own. The company’s reach is global.
Its multi awarded news and public affairs division programming is an intrinsic part of Filipinos’ daily reality. Whatever we’re into during prime time, it’s still gospel to supply our inner citizen with quick fixes from TV Patrol, Bandila or their cable news channel, ANC (along with GMA, TV5, CNN, PTV4, EBC and the other equally substantial network and cable channels). Indubitably, if ABS-CBN should go off the air in 38 days, plenty will feel unmoored.
In these 38 days, surely uncertainty. The House franchise committee refusing to even schedule a hearing; the Senate public services committee with its own hearing on Monday even if franchises are constitutionally obliged to originate in the House. It’s not just procedural minefields to negotiate, there are the core value issues of freedom of speech and the inevitable separation of powers hurdle with Solicitor General Jose Calida’s Quo Warranto petition insinuating itself into the fray, notwithstanding that the matter is already before Congress. The soap opera has left ABS-CBN’s portals and transferred to the Batasan. Talk about life imitating art.
Best case, it operates until end of the Session during which the franchise renewal was filed. This means June of 2020 or even end of the 18th Congress which takes it to June 2022. Bad case scenario, complete stop by March 30, 2020. But this is not the worst case. After all, ABS-CBN is not prevented from continuing to apply for a franchise. The worst is outright denial of franchise plus to be Quo Warrantoed out. And, there are even indications that the company’s operations will also be questioned on trust and competition grounds given the vertical integration of ABS-CBN’s content and exhibition/publication venues.
VFA Redux. Many were happy to see veteran Senators Francisco “Kit” Tatad and Rodolfo “Pong” Biazon as resource persons in the Senate foreign affairs committee hearing on the Senate’s planned Petition for Declaratory Relief. The two were integral to the debates on the ratification of the Visiting Forces Agreement in 1999.
As expected, the Department of Foreign Affairs insists on its reading that the President is empowered to withdraw from treaties/international agreements even without Senatorial concurrence. We’re sure the Senators didn’t stage the hearing to try to change minds. Its no one’s fault that the Constitution is opaque on the Senate’s role in treaty breaking in contrast to constitutional clarity on their role in treaty making.
We delight in seeing the Senate proactive in reclaiming lost ground. Its no good for the institution to lose the power by default which is what would happen if they keep their peace. The Executive may claim the power in the first instance. This is really the image of treaty making that we remember. Negotiation and diplomacy. Even in the constitutional design, the treaty power appears in Article VII on the Executive.
The debates in the Senate for concurrence aren’t as memorable. They take place after the fact and because they appear to be no different from the other forensic competitions in the hall (I would have used the adjective “great” but, alas, there has been a seismic shift now from the Senate to the House as venue of worthier speech and debate experiences). Nonetheless, Senate concurrence, though a condition subsequent, is still a condition. This element is the indispensable ingredient in converting mere agreements between executive officials into the equivalent of laws of the land.
But if you think a sideways pass to the Supreme Court resolves this, then good luck. In the US, judicial temperance prevented an outright resolution of the issue when their High Court was asked to declare unconstitutional President James Earl “Jimmy” Carter’s nullification of the Mutual Defense Treaty between US and Taiwan. The American justices yielded to the political question doctrine – that the matter was for the two political departments to sort out – to justify a hands off position. The Court also conceded that there was no dispute to trigger their jurisdiction. The case was filed by Senators (Republicans Goldwater and Co.) and not by the Senate as an institution. The latter did not even act officially by filing a Resolution expressing their sense against the unilateral termination.
In the same way, our Senate may have passed its Resolution in the aftermath of PRRD’s notice of termination. But it was not a Resolution in opposition to the Executive action. Though backed by 13 votes, the tenor of the same merely urged the President to reconsider. Where, thus, is the justiciable controversy if the Senate does not object to the withdrawal? This might be a way out for the Court. Invoke the political question doctrine and the justiciability card.
“Therefore we do not lose heart. Even though our outward man is perishing, yet the inward man is being renewed day by day.” 2 Corinthians 4:16.
https://www.philstar.com/opinion/2020/02/22/1995049/long-goodbye
Lacson: Senate hearing on ABS-CBN to tackle a resolution, not franchise bills
By Mario Casayuran
Senator Panfilo M. Lacson said Friday that House of Representatives Speaker Alan Peter S. Cayetano may have a point about the House having first crack at certain measures, because the 1987 Constitution provides that bills of local application like franchise measures must originate from the House of Representatives.
But Cayetano, according to Lacson, “is wrong in equating it to the Charter change issue, though, since as practiced and for expediency, we conduct committee hearings on tax and budget measures even before the House transmits its approved version of the bill to the Senate.”
Lacson issued the statement as some House members reminded the Senate to honor the traditional inter-parliamentary courtesy between the two legislative chambers by not conducting a public hearing on the petition by ABS-CBN for renewal of their franchise, because its committee has not yet submitted its report on the petition.
As the March 30 termination of the current ABS-CBN franchise approaches, the House committee in charge of the renewal petition has yet to conduct a public hearing, critics pointed out.
Lacson said that what could be considered blatantly violative of the Constitution is if the Senate committee chairperson reports out on the floor the committee report for plenary debates.
“This is something we have not done and will never do,” Lacson said.
“Having said that, what I understand to be tackled by the public services committee are not the bills in connection with the ABS-CBN franchise, but a filed resolution to conduct an inquiry in aid of legislation on the alleged violations of ABS-CBN that is being questioned by the Office of the Solicitor General before the Supreme Court via a quo warranto petition, in which I have earlier expressed reservation out of courtesy to a co-equal branch that has already given due course to the said petition,” he added.
https://news.mb.com.ph/2020/02/21/lacson-senate-hearing-on-abs-cbn-to-tackle-a-resolution-not-franchise-bills/
Senator Panfilo M. Lacson said Friday that House of Representatives Speaker Alan Peter S. Cayetano may have a point about the House having first crack at certain measures, because the 1987 Constitution provides that bills of local application like franchise measures must originate from the House of Representatives.
But Cayetano, according to Lacson, “is wrong in equating it to the Charter change issue, though, since as practiced and for expediency, we conduct committee hearings on tax and budget measures even before the House transmits its approved version of the bill to the Senate.”
Lacson issued the statement as some House members reminded the Senate to honor the traditional inter-parliamentary courtesy between the two legislative chambers by not conducting a public hearing on the petition by ABS-CBN for renewal of their franchise, because its committee has not yet submitted its report on the petition.
As the March 30 termination of the current ABS-CBN franchise approaches, the House committee in charge of the renewal petition has yet to conduct a public hearing, critics pointed out.
Lacson said that what could be considered blatantly violative of the Constitution is if the Senate committee chairperson reports out on the floor the committee report for plenary debates.
“This is something we have not done and will never do,” Lacson said.
“Having said that, what I understand to be tackled by the public services committee are not the bills in connection with the ABS-CBN franchise, but a filed resolution to conduct an inquiry in aid of legislation on the alleged violations of ABS-CBN that is being questioned by the Office of the Solicitor General before the Supreme Court via a quo warranto petition, in which I have earlier expressed reservation out of courtesy to a co-equal branch that has already given due course to the said petition,” he added.
https://news.mb.com.ph/2020/02/21/lacson-senate-hearing-on-abs-cbn-to-tackle-a-resolution-not-franchise-bills/
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