Wednesday, May 6, 2020

Philippines forces top media network off air

Duterte is notorious for tangling with media outlets critical of his policies

The Philippines' top broadcaster ABS-CBN was forced off air on Tuesday over a stalled operating licence renewal, drawing fresh accusations that the authorities are cracking down on press freedom.

Since running afoul of President Rodrigo Duterte in 2016, ABS-CBN has seen proposals to extend its franchise languish in Congress as the leader repeatedly attacked the conglomerate in speeches.

Duterte is notorious for tangling with media outlets critical of his policies, sparking concern that press freedoms have been eroded in the Philippines.

"It's painful for us that we are being shut down, but it's also painful for millions of our countrymen who believe that our service is important to them," chairman Mark Lopez told viewers just before the main channel went dark.

Outside the company's broadcast compound, a handful of supporters waved placards against a backdrop of burning candles.

ABS-CBN's 25-year licence expired on Monday, but officials had previously given assurances the radio, TV and internet giant would be allowed to operate provisionally.

However, the National Telecommunications Commission's cease-and-desist order on Tuesday cited the expiration and said the outfit's operators would have to appeal for a return to the airwaves.

Early in his term, Duterte accused the network of failing to broadcast his 2016 campaign advertisements and not returning the payments made for them.

'Dark day'

Pressure groups said the shutdown order was an assault on the right to free speech, as the conglomerate broadcasts news coverage watched by millions daily.

The shutdown also comes as the nation battles to contain the coronavirus pandemic and an accompanying flood of online disinformation.

"This is a very serious blow to press freedom in the Philippines," said Carlos Conde of Human Rights Watch. "It's hard to think that Duterte doesn't have anything to do with this."

Amnesty International's Butch Olano said the move was "especially reckless as the country deals with the COVID-19 pandemic".

"This is a dark day for media freedom in the Philippines, reminiscent of martial law when the dictatorship seized control over news agencies."

It appeared the broadcaster would get its renewal after publicly apologising to Duterte earlier this year.

However, government lawyer Jose Calida had filed a legal case that sought ABS-CBN's immediate closure.

Although the Supreme Court has yet to rule on the case, Calida warned it would be unlawful for the broadcaster to operate after its licence expired.

Several major media outlets have suffered the consequences after battling Duterte.

Journalist Maria Ressa faces years behind bars, after publishing critical stories on her website Rappler - which is now also battling a government closure effort.

Both Rappler and ABS-CBN are accused of violating a constitutional ban on foreign ownership of mass media outlets, allegations they deny.

https://gulfnews.com/world/asia/philippines/philippines-forces-top-media-network-off-air-1.1588698517164

KBP: Closing down ABS-CBN deprives public of news, relief amid COVID-19 crisis

The Kapisanan ng mga Brodkaster ng Pilipinas (KBP) on Tuesday slammed the decision of the National Telecommunications Commission (NTC) to halt the broadcast operations of ABS-CBN following the expiration of the network’s franchise.

“The decision is unfair not only to the network and the thousands who depend on the network for their livelihood but, even more important, to the millions of people served by the network through its broadcasting activities,” the national association of broadcasters of the Philippines said in a statement.

Closing down ABS-CBN during the coronavirus disease 2019 (COVID-19) pandemic could not have come at a worse time, KBP said.

“ABS-CBN is performing a valuable service to the public in the midst of a public service emergency not only by providing important news and information to keep the public safe and prevent the spread of the coronavirus but also in giving the public much relief from the mental and emotional pressures of quarantine by continuing to broadcast its entertainment programs,” it said.

“Without warning, both the public and the government are deprived of that service. It creates an unnecessary distraction for both government and the private sector from focusing on saving lives and keeping people safe,” it added.

The KBP urged the government to allow the country’s largest entertainment and media conglomerate to operate under “equitable remedy” while the company’s franchise bills remains pending.

The group also called on Congress to expedite deliberation on ABS-CBN’s franchise bills that have languished at the House of Representatives.

Solicitor General Jose Calida earlier sought the high court to invalidate franchises of ABS-CBN Corp. and ABS-CBN Convergence citing alleged abuses, including supposed violations of restrictions on foreign ownership.

The Lopez-led network, which reaches millions of Filipinos through its television, radio and online platforms, said it had not broken the law in its 65-year service.

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

ABS-CBN and its subsidiaries have more than 11,000 employees.

https://news.abs-cbn.com/news/05/06/20/kbp-closing-down-abs-cbn-deprives-public-of-news-relief-amid-covid-19-crisis

ABS-CBN Corporation: Services

Television

Free to air

  • ABS-CBN is the first flagship television network of ABS-CBN Corporation in the Philippines. Its programming is generalist with a locally and foreign-produced shows, ranging from news, current affairs, politics, sports, opinions, features and business, talk, public service, lifestyle, drama, reality, kids, religious, movies and home shopping programs.
  • Studio 23 is the second flagship television network of ABS-CBN Corporation in the Philippines.

Digital

  • Cinemo airs first-run and blockbuster feature films, original series and made-for-cable movies, sports-focused magazine and documentary series, comedy and occasional concert specials, and documentaries.
  • Yey broadcasts animated television series, mostly children's programming, ranging from action to animated comedy.

Bill for Benguet split filed

A BILL creating a second legislative district in Benguet Province has been filed in the Congress.

Benguet caretaker and ACT-CIS Party-list Representative Congressman Eric Go Yap filed Monday evening, May 5, proposed House Bill no. 6615 titled “An Act Reapportioning the Province of Benguet into two Legislative Districts” during the regular session of the House of Representatives.

Yap, in his proposed bill, seeks to reapportion the lone district of Benguet to two districts.

Under the proposed bill, the first legislative district will be composed of Bokod, Itogon, Kabayan, Sablan, Tuba while the towns of Atok, Bakun, Buguias, Kapangan, Kibungan, La Trinidad, Mankayan, and Tublay will compose the second legislative district.

“This bill seeks to ensure equitable representation for the constituents of the province of Benguet in the legislature and the national government by creating a new legislative district,” the resolution added.

Under the proposed bill, the incumbent representative for the lone district of the province will continue to represent and serve the province until the representatives for two districts been elected and qualified.

The Commission of Election is also tasked to issue implementing rules and regulation to carry the implementation of the proposed measure.

Vice Governor Johnny Waguis said the Provincial Board of Benguet requested Yap to file the bill in Congress.

“There will be two votes in the passage of laws in the House. Another, there will be additional funding for the province,” he added.

The lawmaker stated a consultation was scheduled for the proposed measure last March however it didn’t pushed through due to the coronavirus disease crisis.

In 2019, Board Members of Benguet also requested to the late Congressman Nestor Fongwan Sr. to sponsor a bill for the creation of two legislative district of the province.

The Provincial Board resolution said “thirty-two years have passed since the effectivity of the 1987 Constitution and there has been significant development in the country that necessitates the increase of legislative districts especially in a province such as Benguet.”

Before his demise, Fongwan Sr. filed House Bill 05679, “An Act Providing for the Reapportionment of the Province of Benguet into two legislative districts”.

“Benguet has always been represented by one representative in Congress, despite its growth in population and also the corresponding increase in its economy. This fact is disadvantageous to the constituents because a single representative in Congress cannot closely respond to all the needs of the people,” the late Fongwan Sr. said.

https://www.sunstar.com.ph/article/1855297/Baguio/Local-News/Bill-for-Benguet-split-filed

'We will approve it!': Sotto says ABS-CBN franchise renewal should be brought to Senate

Senate President Vicente Sotto III on Tuesday said upper House approve the franchise renewal of media network ABS-CBN Corporation.

This, after the National Telecommunications Commission (NTC) ordered ABC-CBN to “cease and desist” from broadcasting on television and radio, one day after the company’s 25-year operating franchise expired.

In a tweet hours after ABS-CBN went off air, Sotto said senators will approve the franchise renewal once it reaches them.

"ABS Franchise, bring it to the Senate, we will approve it!" he wrote.

Meanwhile, Sen. Richard Gordon called the NTC's cease and desist order against ABS-CBN as "a transgression of freedom of speech and expression."

"To begin with, it infringes on authority of the legislative branch of government, which is already in the process of deliberating the franchise. It also comes at a time when it has never been more important for government and media to be allies, not adversaries," he said in a statement.

"During this pandemic that continues to threaten the country, our people, and our economy, we need to be sending out vital lifesaving information to our people on a daily basis, something that mass media is in the best position to help us with," Gordon added.

According to Gordon, it is up to the judiciary to decide on any violation of the franchise agreement on the the part of ABS-CBN, if any.

Several other senators have condemned the NTC for stopping broadcast operations of ABS-CBN, months after the latter assured Congress that a provisional authority to operate would be given to the Philippines' largest media network.

NTC issued the order after Solicitor General Jose Calida warned the agency against issuing a temporary permit to operate for ABS-CBN.

Calida has asked the Supreme Court to invalidate ABS-CBN's franchise for its alleged Constitutional violations, but the high court has yet tot rule on the matter.

https://news.abs-cbn.com/news/05/05/20/we-will-approve-it-sotto-says-abs-cbn-franchise-renewal-should-be-brought-to-senate

Philippines largest TV network ABS-CBN ordered shut

ABS-CBN, the Philippines' largest television network, has been ordered to cease operations after President Rodrigo Duterte's allies in Congress refused to renew the station's 25-year licence.

In an order issued on Tuesday, the government agency tasked with awarding broadcasting licences said "absent a valid Congressional Franchise, as required by law", the network should stop its various television and radio operations.

The National Telecommunications Commission (NTC) said ABS-CBN's license expired on May 4 and gave the station 10 days to respond.

In an interview with ABS-CBN's radio station, DZMM, NTC Deputy Commissioner Edgardo Cabarios said that the order is "immediately executory", and Department of Justice Secretary Menardo Guevarra affirmed the legal opinion.

In a statement, which was first read on-air over DZMM, the ABS-CBN management said that it will abide by the order and will stop operation.

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

After ABS-CBN files its response within the next 10 days, a hearing will be scheduled as soon as the coronavirus emergency lockdown in Metro Manila and other areas of the country is lifted.

On Sunday, Duterte's Solicitor-General Jose Calida issued a statement warning the NTC of prosecution if it did not carry out the closure order.

Calida, the top government lawyer, said there was no legal basis to give the company even a provisional licence as it awaited approval from Congress, which resumed its session on Monday after a recess.

Brazen clampdown of the freedom of the press

In a speech at the House of Representatives on Tuesday, Congress member Arlene Brosas denounced the order as a "brazen clampdown of the freedom of the press."

Danilo Arao, journalism professor at the University of the Philippines, said that NTC's decision reflects that limits of its independence as a government body under the office of the president.

"This closure order is clearly an attack on press freedom and we should confront this head on. The administration should be exposed as the real enemy of press freedom," he told Al Jazeera.

With the shutdown, an estimated 11,000 employees of the company risk losing their jobs.

Two ABS-CBN employees, who spoke to Al Jazeera on the condition of anonimity, said they were in tears when the station signed off after the nightly news.

Since becoming president in June 2016, Duterte repeatedly expressed his disdain towards the television network, which is owned by one of the richest families in the Philippines.

Duterte claimed that ABS-CBN refused to run his political advertisements during the campaign season - allegations denied by the network.

ABS-CBN's coverage of Duterte's so-called war on drugs, which has killed thousands of people, also angered the Philippine president.

On many occasions, Duterte has threatened to block the renewal of the network's franchise, while suggesting the owners should sell the company to break the impasse. At the same time, he insisted his hand-picked leaders in Congress were free to decide on the issue.

Calida, the solicitor-general, maintained that the NTC has no power to issue any such licence to ABS-CBN, citing provisions in the Philippine Constitution which, he said, gave Congress "exclusive powers".

"Although this legislative power may be delegated to administrative agencies through a law, at present, there is no such law giving the NTC or any other agency the power to grant franchises to broadcasting entities."

A 2003 Philippine Supreme Court decision also ruled that the NTC could not issue a provisional permit without the legislature's backing.

In a statement on Tuesday, the National Union of Journalists of the Philippines denounced the "dastardly move" of the Duterte administration.

"All this stems from President Rodrigo Duterte's personal vendetta against the network, whose franchise renewal he pledged to block.

"It sends a clear message: What Duterte wants, Duterte gets. And it is clear, with this brazen move to shut down ABS-CBN, that he intends to silence the critical media and intimidate everyone else into submission."

The Foreign Correspondents Association of the Philippines (FOCAP) also issued a statement saying the move "is clearly a case of political harassment against a pillar of the Philippine democracy."

https://www.aljazeera.com/news/2020/05/philippines-largest-tv-network-abs-cbn-ordered-shut-200505084440098.html

ABS-CBN ceases TV and radio broadcast, asks for support from the Filipino people

By Joseph Almer Pedrajas

ABS-CBN, with all its TV and radio stations across the country, has gone off air around 7:50 p.m. of Tuesday.

This came after the National Telecommunications Commission (NTC) issued a cease and desist order, directing the network to stop its operations, particularly broadcasting through its stations, after its 25-year congressional franchise expired on May 4.

Carlo Katigbak, president and CEO of ABS-CBN Corporation, called on the Filipino people to continue their support in an address he delivered through TV Patrol, ABS-CBN’s last program before the shut off.

“Mga Kapamilya, kung naging mahalaga sa inyo ang ABS-CBN, hinihingi po namin na tayo ay patuloy na magtulungan para mapanatili ang serbisyong naidudulot ng ating istasyon (To our Kapamilya, if ABS-CBN has become important to you, we ask for your support to be able to keep the service that the station brings),” he said.

“Alang alang po sa sa mahigit 11,000 nagtatrabaho sa ABS-CBN at sa kanilang mga pamilya na maaapektuhan ang kabuhayan. Alang alang po sa milyon-milyong Pilipino na kailangan ang serbisyo ng ABS-CBN, lalong lalo na sa panahon ng pinakamatinding krisis sa Pilipinas at sa buong mundo. Lalo na ngayon sa pinakamalalang sakit at gutom (This is for the sake of the 11,000 ABS-CBN workers and their families who will be affected, for the sake of the millions of Filipinos who need ABS-CBN’s service, most especially in this time of crisis in the Philippines and the whole word, in time of grave disease and hunger).”

Mark Lopez, the company’s chairman, added that while the shutdown “pained” them, he was grateful for viewers who have loved and supported them throughout the years.

“Samahan n’yo po kami sa panalangin na muling ibalik ang ABS-CBN upang tuluyan kaming makapaglingkod sa pamilya at sambayanang Pilipino (Join us as we pray for the return of ABS-CBN, so we could continue providing service to your families and the Filipino people),” he said.

After TV Patrol’s three hosts—Ted Failon, Bernadette Sembrano, and Noli de Castro—delivered their extro, the network then signed off by playing the country’s national anthem.

https://news.mb.com.ph/2020/05/05/abs-cbn-ceases-tv-and-radio-broadcast-asks-for-support-from-the-filipino-people/

Tuesday, May 5, 2020

ABS-CBN's last moments before going off the air for now

At 7:52 p.m. on Tuesday, broadcast giant ABS-CBN’s Channel 2 and S&A officially went off air, hours after the National Telecommunications Commissions issued a cease and desist order against the network “due to the expiration of its congressional franchise.”

The NTC ordered the network to “to stop operating its various television and radio broadcasting stations nationwide.”

In compliance with the directive, the network decided to close down all its radio and television stations including, ABS-CBN, DZMM, MOR and DZMM Teleradyo.

The NTC gave ABS-CBN ten days upon receipt of the Order to explain why the frequencies assigned to it should not be recalled.

The 25-year franchise of ABS-CBN, granted on March 30, 1995 through Republic Act 7966, expired on Monday, May 4.

The historic shutdown came nearly five decades since it was shutdown after late dictator Ferdinand Marcos declared Martial Law.

Minutes before the channel was replaced by static, ABS-CBN CEO and president Carlo Katigbak and chair Mark Lopez both delivered heartfelt speeches on the NTC’s order to halt broadcast on TV and radio aired on TV Patrol, also the last news program the network aired.

“Kaya mawawala na po sa ere ang ating ABS-CBN ginawa na po natin ang lahat ng requirements para sa renewal at wala rin po kaming nilabag na batas. Pati po ang Kongreso na ayon sa batas ay may kapangyarihan na magutos sa NTC na magbigay ng provision authority sa tv stations ay nagsabi po na bigyan na muna ang ABS-CBN ng provision authority marahil naintindhan ng ating mga mambabatas na mahalaga ang ating serbisyo lalong lalo na sa panahong ito,” Katigbak said.

Katigbak called on the public to voice their opinions on the network’s closure.

He dedicated ABS-CBN’s service to the millions of Filipinos who were serviced by the network as well as the thousands of workers whose livelihoods were affected by the network shutdown.

“Ipadama, isaad at ipadinig po natin ang ating nararamdaman sa pagsasara ng ating ABS-CBN. Sa oras na ito, kami naman po ang humihingi ng inyong pagdamay. Maraming salamat po, mga Kapamilya,” he said.

Lopez, for his part, likewise dedicated its service to the millions of Filipinos and recalled how the network has been serving the public especially during times of calamities, tragedies and now the coronavirus pandemic.

“Masakit sa amin na ipinasasara kami, pero masakit din ito para sa milyon-milyong kababayan natin naniniwalang ang aming serbisyo ay mahalaga sa kanila. Marami pa po tayong mga hangarin para sa mga Pilipino at sa ating bayan,” Lopez said.

Anchors of TV Patrol also gave their emotional final bows, minutes before the network went off air.

“Karangalan po namin na maglingkod sa inyo, kabayan. Hindi man na-renew ang aming prangkisa at pinatitigil ang ating broadcast, nangangako kami sa inyo na hindi kami mananahimik sa pagatakeng ito sa ating demokrasya at sa malayang pamamahayag,” veteran broadcast journalist Noli de Castro said.

“Sa harap po na pinakamalaking dako at hamon sa aming kumpanya at sa aming mga hanap-buhay, hinding hindi namin kayo tatalikuran, kabayan. Mga kapamilya kami. Tayo ang ABS-CBN. In the service of the Filipino. Saan man sila naroroon, sa buong mundo,” he also said.

The network immediately aired the Philippine national anthem which normally airs at midnight at the end of the broadcast day.

“This is ABS-CBN Corporation Channel 2, a commercial television station transmitting on a 346.2 kilowatt effective radiated power with permit number BSD 0121-2018 MOD authorizing the station to operate until December 31, 2020," their final title card read.

"This is ABS-CBN Corporation Channel 2, in the service of the Filipino, now signing off."

https://www.philstar.com/headlines/2020/05/05/2012075/abs-cbns-last-moments-going-air-now

Noli de Castro: 'Tayo ang ABS-CBN'

Longtime ABS-CBN anchor Noli de Castro signed off the Tuesday evening broadcast of "TV Patrol" by recapping the broadcast network's service for its viewers over the past decades.

Shortly after the news program ended, the network went off-air as screens around the Philippines turned from blurred to white noise.

“Bayan, mga Kapamilya. Ilang dekada rin tayong nagkasama. Utang na loob namin sa inyo na tinanggap ninyo kami sa inyong mga tahanan gabi-gabi,” De Castro began.

(Philippines, our Kapamilya. We have been together for decades. We are indebted to you for accepting us in your households every night.)


“Naging malaking bahagi na kami ng inyong buhay. Karamay sa mga panahon ng kalamidad at paghihirap. Kasabay namin kayo sa pagluha sa mga teleserye. Magkasama natin ipinagbunyi ang tagumpay ng ating mga bayani, mga ordinaryong tao na nakagawa ng imposible. Sabay din nating pinanood na nabuo o mabuo ang kasaysayan sa pamamagitan ng TV Patrol at iba pang news and current affairs program,” the anchor continued.

(We’ve become a huge part of your lives. There with you during times of calamity and hardship. Our tears fell alongside yours watching teleseryes. Together we honored the victory of our heroes, our ordinary people who achieved the impossible. We watched our history unfold through TV Patrol and other news and current affairs programs.)

De Castro said it was an honor to serve their audience by sharing their stories and holding those in power to account.

“Hindi man na-renew ang aming prangkisa at pinatitigil ang ating broadcast, nangangako kami sa inyo, hindi kami mananahimik sa pag-atakeng ito sa ating demokrasya at sa malayang pamamahayag,” he said.

(Even if our franchise was not renewed and our broadcast was told to cease, we promise to you that we will not remain quiet about this attack on our democracy and our freedom of the press.)

“Sa harap po na pinakamalaking dako at hamon sa aming kumpanya at sa aming mga hanap-buhay, hinding hindi namin kayo tatalikuran, kabayan. Mga Kapamilya kami. Tayo ang ABS-CBN. In the service of the Filipino. Saan man sila naroroon, sa buong mundo.”

(In the face of the biggest hurdle and challenge to our company and to our livelihood, we will never abandon you, our countrymen. We are Kapamilya. We are ABS-CBN. In the service of the Filipino. Wherever you are in the world.)

https://www.philstar.com/entertainment/2020/05/05/2012058/noli-de-castro-tayo-ang-abs-cbn

ABS-CBN goes off air following NTC order


For only the second time in its history, ABS-CBN has gone off the air.

The National Telecommunications Commission ordered the giant broadcast network on Tuesday to stop operations due to the expiry of its legislative franchise.

The first time it was forced off the air was in September 1972 when the then president Ferdinand Marcos placed the country under martial law.

The network signed off at 7:52 p.m. on Tuesday, after airing the national anthem, naming its engineers and its TV stations.

The shutdown covers five AM stations, including DZMM, 18 FM stations and 42 TV stations, including Channels 2 and 23.

Top ABS-CBN executives appeared on its flagship newscast TV Patrol to appeal for support to get the network back on air.

“Ipadama, isaad at ipadinig po natin ang ating nararamdaman sa pagsasara ng ating ABS-CBN. Sa oras na ito, kami naman po ang humihingi ng inyong pagdamay,” ABS-CBN President and CEO Carlo Katigbak said.

[Translation: Let us make them feel and let them hear what we are feeling about the closure of our ABS-CBN. At this time, we are asking for your solidarity.]

“Masakit sa amin na ipinasasara kami, pero masakit rin ito para sa milyun-milyong mga kababayan natin naniniwalang ang aming serbisyo ay mahalaga sa kanila,” ABS-CBN Corporation chairman Mark Lopez said.

[Translation: It’s painful for us that we are being ordered to close, but this is also painful for the millions of our countrymen who believe that our service is important to them.]

The NTC on Tuesday ordered ABS-CBN to cease broadcasting operations due to the expiry of its legislative franchise, walking back from its promise to legislators last March to issue a provisional permit pending its renewal.

The commission also asked ABS-CBN to explain within ten days why the frequencies assigned to it should not now be recalled.

NTC Deputy Commissioner Edgardo Cabarios told CNN Philippines that there was no other option but to issue a cease and desist order for the media giant.

“Wala na pong [There is no] basis of the authorization granted. Since wala na pong [there is no longer an] authority, they have to stop operating,” Cabarios said. “We do not have any option but to comply with the law. We have to comply with the law.”

The NTC had earlier committed to the House Committee on Legislative Franchises that it will give ABS-CBN a provisional authority to operate pending the grant of a fresh 25-year franchise to the company.

This, however, was opposed by Solicitor General Jose Calida, saying that there is no law delegating the powers of Congress to approve franchises to the NTC. He even warned of graft charges for NTC commissioners if they made good with their promise.

Calida’s view differs from Justice Secretary Menardo Guevarra, who believes that no law governs the situation ABS-CBN is currently in, which should have given the NTC more leeway in allowing the network to continue operating.

“Considering that it has allowed other companies before in the same situation like PT&T, Smart and CBCP (Catholic Bishops Conference of the Philippines), it would just be fair and non-discriminatory if the NTC will continue to allow also ABS-CBN to operate while awaiting the action of Congress on the renewal of the franchise bill,” Guevarra said.

Several lawmakers who were dismayed by the NTC’s move said ABS-CBN can still challenge this before a court and secure a temporary restraining order.

While its TV and radio stations across the country have been shut down, the NTC said ABS-CBN can still continue delivering content through other media.

ABS-CBN News explained that the network can continue delivering content through its online platforms and through its cable news channel ANC.

Numerous bills seeking to grant ABS-CBN Corporation a fresh 25-year franchise remain pending in Congress.

Media outlets, as well as electricity companies and cable TV providers, are required to secure legislative franchises. Such bills must first be approved by the House of Representatives before they are acted upon by the Senate.

President Rodrigo Duterte has been publicly ranting against ABS-CBN since assuming office, saying that the network refused to carry his campaign commercials even if they have been already paid for.

In 2018, Duterte said he will block the renewal of the network's franchise. Last year, he told the Lopez family to just sell the company to a new owner to boost its chances of staying in business.

However, the President accepted the apology offered by ABS-CBN President Carlo Katigbak during a Senate hearing for airing an anti-Duterte ad during the 2016 campaign which was paid for by the opposition.

https://cnnphilippines.com/news/2020/5/5/ABS-CBN-off-air-NTC.html

DOJ: Cease and desist order vs ABS-CBN 'immediately executory' but can be reviewed

The cease and desist order from the National Telecommunications Commission against broadcast company ABS-CBN issued Tuesday is immediately executory but can be subjected to judicial review, Justice Secretary Menardo Guevarra said.

The Commission on Tuesday issued a cease and desist order against the broadcast giant, a day after ABS-CBN Corp.’s legislative franchise expired.

The NTC gave ABS-CBN ten days from receipt of order to explain why its frequencies “should not be recalled for lack of the necessary Congressional Franchise.”

Guevarra said the order “is immediately executory” but can be elevated for judicial review to either the regional trial court or the Court of Appeals.

The justice chief said that while he cannot answer whether ABS-CBN will halt its broadcasting upon receipt of the order, “a CDO is supposed to be effective immediately.”

"The NTC will have to enforce it if ABS-CBN will not voluntarily comply," he added.

Calida threat

By issuing the order, NTC Commissioner Gamaliel Cordoba walked back from an earlier statement that they would heed the Department of Justice’s advice that broadcast companies may continue to operate past franchise expiry, on a provisional license, pending congressional action on renewal bills.

The House Committee on Legislative Franchises in February urged the NTC to grant provisional authority to the network until it “has made a decision on its application.”

The Senate also passed a resolution calling on the NTC to issue a provisional authority to ABS-CBN.

Solicitor General Jose Calida on Sunday warned the NTC that officials may face graft charges if ABS-CBN is allowed to operate past May 4.

Calida has also sought to revoke ABS-CBN’s franchise before the Supreme Court, citing supposed franchise violations, which the network has approved or denied.

Guevarra noted that the DOJ’s advice to the NTC was in “accordance with law and equity,” and was echoed by the House panel in its letter to the commission.

“The NTC issued a cease-and-desist order instead. It must have a very good reason for doing so. Let’s wait for its explanation,” he added.

The NTC order comes as the Philippines and the rest of the world grapple with the COVID-19 pandemic that has infected millions and killed thousands globally.

https://www.philstar.com/headlines/2020/05/05/2011982/doj-cease-and-desist-order-vs-abs-cbn-immediately-executory-can-be-reviewed

NTC orders ABS-CBN to shut down operations

THE National Telecommunications Commission (NTC) ordered embattled media giant ABS-CBN to stop its broadcast and radio operations, a day after its legislative franchise expired.

As ABS-CBN continued its business on Tuesday , the NTC issued a cease and desist order against the network.

The NTC said that ABS-CBN “no longer has a valid and subsisting congressional franchise” to continue broadcasting on radio and television.

Once the government-run regulator receives ABS-CBN’s response, the NTC will schedule the case for hearing, to be set after the lockdown.

https://www.manilatimes.net/2020/05/05/news/headlines/ntc-orders-abs-cbn-to-shut-down-operations/722798/

ABS-CBN ordered to go off-air as franchise lapses

Regulators ordered ABS-CBN Corp. to stop airing on Tuesday, a day after its legislative franchise expired, putting at risk over 11,000 jobs in the country's biggest network as millions of Filipinos get displaced by the coronavirus outbreak.

In a statement, the National Telecommunications Commission ordered the broadcast giant to “cease and desist” operations after Republic Act No. 7966, which granted the network a 25-year license to operate, expired last May 4, 2020.

NTC also gave ABS-CBN 10 days to "respond as to why the frequencies assigned to it should not be recalled."

The suprise order from regulators capped the Duterte government's efforts to shut down the Lopez-led firm, efforts that transcended the branches of government— from President Duterte's attacks to the network, lawmakers' refusal to hear bills renewing its franchise, and a pleading from the government's lawyer before the Supreme Court to invalidate its existing license.

Last Sunday, World Press Freedom Day, Solicitor General Jose Calida made a last-ditch effort to put ABS-CBN off air. He asked NTC not to issue a provisional permit to operate without a new franchise from the legislature.

But a day after, legislators in both houses of Congress, as well as Justice Secretary Menardo Guevarra, expressed disagreement with Calida's opinion saying there should be no roadblock for NTC to grant ABS-CBN a permit. This is especially true, they said, since Congress, which has the sole power to grant franchises, had already written NTC to clear the way for ABS-CBN's continued airing.

"The NTC requested our opinion and the DOJ (Department of Justice) gave them an advice in accordance with law and equity. The Congress expressed essentially the same view as that of the DOJ and further enjoined the NTC to issue provisional authority...," Guevarra told reporters in a text message Tuesday.

Appeals from the DOJ and Congress appear to have not succeeded with NTC's latest order for the network to stop airing. "The NTC regional offices shall implement the closure order in their respective areas of jurisidiction," regulators said in a statement.

The order is likewise curious since NTC last March allowed ABS-CBN Convergence Inc. to operate beyond the lapsing of its franchise last March 16 during the Luzon lockdown. ABS-CBN Convergence is the network's telecom arm in charge of Bayan Communications and ABS-CBN Mobile.

President Duterte has repeatedly threatened to block the franchise renewal of ABS-CBN, which he accused of failing to return his money for campaign propaganda not aired during the 2016 presidential elections. Since gettting elected, Duterte has also alleged that ABS-CBN's reporting has been bias against his government. The network has repeatedly denied the allegations.

The closure order against ABS-CBN threatens the jobs of more than 11,000 workers employed by the network and its subsidiaries, regulatory filings showed.

The NTC order was issued hours after the shortened trading at the local bourse ended. On Tuesday, ABS-CBN shares closed at P17.50 apiece, up from P17 in the prior day.

https://www.philstar.com/business/2020/05/05/2011978/abs-cbn-ordered-go-air-franchise-lapses

NTC orders ABS-CBN to stop broadcasting

The National Telecommunications Commission (NTC) has ordered ABS-CBN to “cease and desist” from broadcasting on television and radio, one day after the company’s 25-year operating franchise expired.

In a Cease-and-Desist Order (CDO) dated May 5, the agency said the network must stop its broadcast operations "due to the expiration of its congressional franchise" on May 4.

It said the network should "stop operating its various TV and radio broadcasting stations nationwide 'absent a valid Congressional Franchise as required by law'."

The NTC gave the network 10 days from receipt of the order "to respond as to why the frequencies assigned to it should not be recalled."

It cited the Radio Control Law in ordering the network to halt broadcast operations.

"Upon the expiration of RA 7966, ABS-CBN no longer has a valid and subsisting congressional franchise as required by Act No. 3846," it said.

"The NTC Regional Offices shall implement the closure order in their respective areas of jurisdiction. After receipt of ABS-CBN’s response, the NTC shall schedule the case for hearing at the earliest time after the Enhanced Community Quarantine is lifted by the Government," it said.

The NTC is tasked with regulating and supervising radio and television broadcast stations.

The NTC order comes despite steps taken by Congress leaders to show that they favor a renewal of ABS-CBN’s broadcast franchise. Lawmakers have maintained they have the sole power to act on franchises such as that of ABS-CBN.

Earlier this year, the Senate adopted a resolution expressing the chamber’s view that ABS-CBN Corporation and its subsidiaries should be allowed to operate while awaiting Congress action on its franchise renewal application.

The resolution was turned over to NTC officials who said they were ready to issue a provisional authority for ABS-CBN.

At the House of Representatives where the measure on ABS-CBN’s franchise renewal must emanate, lawmakers also said they saw no reason to shut down the network because the franchise application was already being discussed by the House Committee on Legislative Franchises.

The committee chaired by Palawan Rep. Franz Alvarez held a meeting in early March to kick off deliberations on the ABS-CBN franchise bills. It also sent a letter to the NTC asking that a provisional authority be issued to ABS-CBN pending renewal of the network’s franchise.

Justice Secretary Menardo Guevarra was also of the opinion that ABS-CBN may continue broadcasting despite an expired franchise, on the strength of a provisional authority issued by the NTC.

However, Solicitor-General Jose Calida who had filed quo warranto petition questioning the validity of the ABS-CBN franchise was of a different mind. On Sunday, the eve of the expiration of the previous franchise, Calida warned NTC against issuing a provisional authority to ABS-CBN, saying Congress alone may decide on the fate of the network.

https://news.abs-cbn.com/news/05/05/20/ntc-orders-abs-cbn-to-stop-broadcasting

ABS-CBN ordered to cease operations due to expired franchise

The National Telecommunications Commission has ordered ABS-CBN to stop operating its various TV and radio stations nationwide following the expiration of its legislative franchise, the NTC announced on Tuesday afternoon.

In an order dated May 5, 2020, the NTC directed ABS-CBN to stop operating in various television and radio broadcasting stations nationwide, absent a valid congressional franchise which lapsed on May 4, 2020.

"Upon the expiration of RA 7966, ABS-CBN no longer has a valid and subsisting congressional franchise as required by Act No. 3846," it said in a statement.

The NTC, which earlier said it would grant a provisional authority (PA) to allow ABS-CBN to continue operations, has given the company 10 days from receipt of the order to respond.

The latest development came days after the Office of the Solicitor General warned NTC commissioners that they could face Anti-Graft and Corrupt Practices Act charges should they issue ABS-CBN Corp. and its affiliate ABS-CBN Convergence Inc. a provisional authority (PA) to operate after its franchise lapses on May 4, 2020.

The House of Representatives Committee on Legislative Franchises -- through a letter from House Speaker Alan Peter Cayetano and panel chair Franz Alvarez dated February 26, 2020 -- formally requested the NTC to grant ABS-CBN a PA to be able to operate beyond May 4.

NTC has sole authority -Palace

Presidential spokesman Harry Roque on Monday said the continued operation of broadcasting company ABS-CBN would solely depend on the decision of the NTC.

Roque made the comment amid the statement of Solicitor General Jose Calida threatening NTC over the weekend that its officials will face graft charges if it will allow ABS-CBN to operate on an expired franchise.

ABS-CBN’s franchise expired on Monday, May 4.

“Ang Solicitor General ay alter ego ng ating Presidente, at sumulat nga siya sa NTC. This must be dealt with by the NTC as a quasi-judicial body,” Roque said.

“Aantayin po natin ang sagot ng NTC. Ang desisyon po ng NTC ang ipapatupad ng Presidente. Hindi puwedeng impluwensiyahan ng Presidente ang NTC,” Roque added. -NB, GMA News

https://www.gmanetwork.com/news/money/companies/736932/abs-cbn-ordered-to-cease-operations-due-to-expired-franchise/story/

BREAKING: NTC issues cease and desist order vs ABS-CBN

The National Telecommunications Commission (NTC) on Tuesday issued a Cease and Desist Order against ABS-CBN after its legislative franchise expired on May 4.

In an Order dated May 5, the NTC directed ABS-CBN to stop operating its television and radio broadcasting stations nationwide “absent a valid Congressional Franchise required by law.”

The 11 bills seeking the renewal of franchise of ABS-CBN remain pending before the House committee on legislative franchises, the earliest of which, at least in the 18th Congress, was filed in July 2019.

So far, the committee on legislative franchises has only held one hearing—or meeting—to discuss the matter. But during this meeting, no one from ABS-CBN or from the opposition was invited.

https://newsinfo.inquirer.net/1270074/ntc-issues-cease-and-desist-order-vs-abs-cbn

Palace: NTC should independently decide on ABS-CBN franchise

The National Telecommunications Commission (NTC) should rule independently on the franchise of ABS-CBN Corp, Malacañang said Tuesday as it insisted that the Palace will respect any decision on the fate of the broadcast giant.

"I don’t think NTC will let any institution influence its decision," Presidential Spokesman Harry Roque said during a Palace press briefing.

Roque, a lawyer, said the NTC should be allowed to decide freely on the franchise of the company.

"The official position of the President is: since the matter is pending with the NTC, we will respect the decision of the NTC. Pero sa ngayon po antayin muna natin ang desisyon ng NTC," he said.

(For now, let's wait for the NTC decision.)

Solicitor General Jose Calida had warned the NTC against issuing provisional authorities to ABS-CBN in the absence of a franchise from Congress.

The NTC earlier committed to allow ABS-CBN to operate after its franchise expires, as requested by lawmakers, who have yet to tackle several bills seeking a fresh 25-year-franchise for the company.

https://news.abs-cbn.com/news/05/05/20/palace-ntc-should-independently-decide-on-abs-cbn-franchise

Monday, May 4, 2020

Senate adopts 'hybrid' sessions amid Covid-19 crisis

The Senate adopted on Monday a resolution allowing plenary sessions and committee hearings through teleconferencing while the enhanced community quarantine (ECQ) is still in place to prevent the spread of the coronavirus disease 2019 (Covid-19).

With 15 senators physically present, the chamber adopted Senate Resolution No. 372 which amended Rule XI, Section 22 and Rule XIV, Section 41 of the Rules of the Senate.

Under the amended rules, the Senate “may conduct sessions, meetings or hearings through teleconference, video conference, or other reliable forms of remote or electronic means,” using appropriate information and communications technology systems “in case when there is force majeure” or occurrence of a national emergency.

During the course of hybrid plenary sessions, senators may vote, sponsor committee reports, and participate during the interpellation and period of amendments, regardless if their attendance is physical or online.

The senators who physically attended the reopening of session on Monday were Senate President Vicente Sotto III, Senate President Pro-Tempore Ralph Recto, Majority Leader Juan Miguel Zubiri, Senators Christopher Lawrence “Bong” Go, Ronald Dela Rosa, Francis Tolentino, Sherwin Gatchalian, Panfilo Lacson, Joel Villanueva, Grace Poe, Manny Pacquiao, Richard Gordon, Lito Lapid, Bong Revilla and Nancy Binay.

Meanwhile, Senate Minority Leader Franklin Drilon, and Senators Aquilino Pimentel III, Pia Cayetano, Sonny Angara, Imee Marcos, Cynthia Villar, Francis Pangilinan, and Risa Hontiveros immediately joined the proceedings online after the rules were amended.

Prior to the resumption of sessions, Sotto said he would attend sessions physically until Congress adjourns on June 5, 2020.

"Kailangang may mag-preside (Somebody has to preside) from the Senate session hall, and being the Senate President, I have the responsibility to ensure that all sessions are conducted as mandated by the Rules of the Senate and by the Constitution," Sotto said.

Members of the Senate Secretariat "who have primary functions during sessions" are also required to physically come to the Senate to perform their functions.

On the other hand, Sotto said senators who will virtually attend the sessions will have to inform the Senate Secretariat in advance for their attendance to be counted.

However, members of media are still barred from physically covering Senate proceedings to limit the number of people in the Senate building.

President Rodrigo Duterte had extended the ECQ in Metro Manila and other parts of the country until May 15, as the number of Covid-19 cases in the country continue to rise following intensified testing procedures.

As of May 4, the Philippines recorded 9,485 confirmed cases of Covid-19, with 623 deaths and 1,315 recoveries.

https://www.pna.gov.ph/articles/1101826

What power does SolGen have to contradict Congress on ABS-CBN's provisional license? - Drilon

With Congress already enjoining the National Telecommunications Commission to grant ABS-CBN Corp a provisional authority to operate once its broadcast franchise expires May 4, Senate Minority Leader Franklin Drilon on Monday asked the Office of the Solicitor General what power it has to defy the government body authorized to issue franchises.

"The grant of a franchise is a sovereign power granted in Congress. Congress already wrote to the NTC. What power does the Solicitor General have to contradict the body that acts as the repository of the sovereign power?" Drilon, a former Justice Secretary, said.

"The OSG cannot say that an act of the legislative or an agency of the executive branch is illegal. That is for the Courts to decide," he said.

Solicitor General Jose Calida on Sunday warned the NTC against issuing provisional authorities to ABS-CBN Corp and its affiliate, ABS-CBN Convergence, Inc., in the absence of a franchise from Congress.

Contradicting the position of Justice Secretary Menardo Guevarra, Calida insisted that a franchise must be secured first from Congress before the NTC can issue a Certificate of Public Convenience from the NTC.

He threatened NTC commissioners they may face prosecution under the Anti-Graft and Corrupt Practices Act if they issue the provisional authority to ABS-CBN and Convergence.

"The OSG should be reminded of its mandate under the law. Under the Revised Administrative Code, the OSG shall act as lawyer of government agencies including the NTC," said Drilon.

"There is a conflict of interest there when the lawyer threatens to sue its client," he added, noting that it is the NTC and not the OSG that is granted regulatory functions under the law.

Should there be conflicting positions between the NTC and OSG, Drilon said it is up to the Justice Secretary to settle the issue.

"There is nothing in the law which allows the OSG to overturn an opinion by the Secretary of Justice," he said.

Drilon said it is not the first time for the NTC to issue a temporary and conditional permit to operate. In fact, one case in the past has been recognized in a 2003 case that Calida himself cited, he added.

"The Court never barred the NTC from issuing temporary permits to operate. It merely said that the broadcaster cannot completely do away with the requirement to apply for a franchise, as provided under the law," Drilon explained.

Congress is yet to tackle several bills seeking for a fresh 25-year franchise for ABS-CBN.

The NTC earlier said all live permits to operate and maintain broadcast and pay TV facilities that would expire during the Luzon quarantine would be automatically renewed. The licenses will be valid for 60 days from the end of the quarantine period.

Calida had also questioned the validity of the current franchise of ABS-CBN before the Supreme Court.

ABS-CBN, which reaches millions of Filipinos through its television, radio and online platforms, said it has not violated the law in its 65-year service.

PRRD to heed NTC decision on ABS-CBN franchise issue

President Rodrigo Duterte will heed the decision of the National Telecommunications Commission (NTC) on the fate of media giant ABS-CBN as its franchise expires on Monday (May 4).

Presidential Spokesperson Harry Roque made this comment in a virtual presser on Monday after Solicitor General Jose Calida warned that the NTC could not grant provisional authorities to ABS-CBN Corporation and its affiliate, ABS-CBN Convergence Inc., without securing a franchise from Congress.

“Ang Presidente naman po, ipapatupad po kung ano ang magiging desisyon ng National Telecom Commission (The President will implement the decision of the NTC),” Roque said. “Itong bagay pong ito (This thing) is a matter that must be dealt with by the NTC as a quasi-judicial body at hihintayin po natin ang sagot ng (and we will wait for the answer of the) National Telecommunications Commission."

He said only the NTC has “specialized competence” to make the decision to allow ABS-CBN to operate.

“We will apply the exhaustion of administrative remedies, the matter po ay dedesisyunan ng (will be decided by an) administrative agency which has specialized competence para magdesisyon sa mga bagay na ito (to make a decision on matters like this), which is the National Telecommunications Commission, and we defer to whatever ruling the NTC may have,” he added.

Last February 26, Duterte said he accepted the apology of ABS-CBN president and CEO Carlo Katigbak over his unaired campaign advertisements during the 2016 presidential elections.

Roque pointed out that Duterte’s sentiments should not influence the NTC.

“Ang alam ko po ay iyong alam ninyo rin na napatawad ng Presidente ang ABS-CBN; pero hindi naman po pupuwedeng ma-impluwensiyahan ng ating Presidente ang NTC dahil sa batas, desisyon po ng Komisyon iyan (I know the President has forgiven ABS-CBN; but the President cannot influence the NTC because the law says the decision has to be made by the Commission),” he said.

Duterte also said he would keep a “healthy distance” from issues surrounding the franchise renewal bid of ABS-CBN, stressing that Calida was acting on his own when he filed a quo warranto petition against ABS-CBN in February, invalidating the network’s franchise for supposed violations.

Earlier, Calida said the NTC commissioners could face prosecution under the Anti-Graft and Corrupt Practices Act if it decides to issue the provisional authority to ABS-CBN and Convergence.

However, the Department of Justice (DOJ) insisted that ABS-CBN may continue with its operations pending the renewal of its franchise.

NTC Commissioner Gamaliel Cordoba said it will follow the advice of the DOJ allowing ABS-CBN to operate while its franchise renewal bid is pending in Congress.

https://www.pna.gov.ph/articles/1101814

Palace leaves fate of ABS-CBN to NTC as franchise expires

The fate of ABS-CBN Corp. lies in the hands of the National Telecommunications Commission (NTC), Malacañang said Monday as the franchise of the broadcast giant expires.

The Palace will wait for the NTC's decision on the warning of Solicitor General Jose Calida against issuing provisional authorities to ABS-CBN in the absence of a franchise from Congress, Presidential Spokesman Harry Roque said.

"Itong bagay po na ito is a matter that must be dealt with the NTC as a quasi-judicial body at aantayin po natin ang sagot ng NTC," Roque said.

(This issue is a matter that must be dealt with the NTC as a quasi-judicial body and we will wait for the response of the NTC.)

The current franchise of ABS-CBN, the country's largest media and entertainment company that operates free TV Channel 2 and radio DZMM and DWRR, expires on Monday, May 4.

The NTC, in a March 16 memo, had said that all live permits to operate and maintain broadcast and pay-TV facilities that will expire during the enhanced community quarantine period will be automatically renewed.

The licenses will be valid for 60 days from the end of the quarantine period after which, the stations will be given 2 months to file for renewal of their permit or license without penalties or surcharges, the NTC said.

Roque said President Rodrigo Duterte cannot influence any decision that the NTC will make on the media company's franchise.

"Hindi naman po pupuwedeng maimpluwensyahan ng ating Presidente ang NTC, desisyon ng komisyon yan at hindi naman po puwedeng pangunahan ang NTC sa desisyon na ito," Roque said.

(The President cannot influence the NTC on its decision because that is up to the committee.)

"Hahayaan po namin ang NTC na magdesisyon at kung ano man ang desisyon ng NTC ipapatupad po ng buong gobyerno," he added.

(We will let the NTC decide and whatever decision the NTC makes will be implemented by the government.)

DOJ SAYS SUFFICIENT BASIS TO ALLOW OPS

Justice Secretary Menardo Guevarra on Monday reiterated that there is "sufficient basis" to allow ABS-CBN to continue operating while Congress has yet to act on bills seeking a fresh 25-year franchise for the company.

"The DOJ (Department of Justice) stands by its position that there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their franchise remain pending with Congress," Guevarra said.

House Speaker Alan Peter Cayetano last week reiterated that lawmakers have asked the NTC to give ABS-CBN and its affiliate companies a provisional authority to operate.

The Senate, for its part, also passed a resolution expressing the sense of the chamber that it wants NTC to issue a provisional authority to the Lopez-owned network.

Calida, however, insisted the NTC cannot rely on either the Senate resolution, the House committee letter, or on a DOJ opinion as the legal basis for issuance of provisional authority.

“No less than the Constitution requires a prior franchise from Congress. Hence, when there is no renewal, the franchise expires by operation of law. The franchise ceases to exist and the entity can no longer continue its operations as a public utility,” he said.

The NTC had earlier committed to allow ABS-CBN to operate after its franchise expires on May 4, as requested by lawmakers, who have yet to tackle several bills seeking for a fresh 25-year-franchise for the company.

news.abs-cbn.com is the official news website of ABS-CBN Corp.

-with a report from Mike Navallo, ABS-CBN News

https://news.abs-cbn.com/news/05/04/20/palace-leaves-fate-of-abs-cbn-to-ntc-as-franchise-expires

DOJ maintains broadcast outlets can continue ops pending franchise renewal

Broadcast outlets can stay open while bills for their franchise renewal languish in Congress, the Department of Justice said Monday after the government's top lawyer made another move to block the operations of ABS-CBN Corp.

"The DOJ stands by its position that there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the RENEWAL of their franchise remain pending with Congress," Justice Secretary Menardo Guevarra said in a statement.

The Office of the Solicitor General on Sunday warned the National Telecommunications Commission (NTC) against issuing provisional authorities to the country's largest media network and its subsidiary, ABS-CBN Convergence Inc., while lawmakers have yet to tackle the renewal of their franchise, set to expire May 4.

"While existing laws provide that a person who wishes to operate a radio/TV station must first obtain a legislative franchise and thereafter a license to operate from the NTC, there is NO LAW that governs the rights and obligations of a person or entity who has ALREADY BEEN GRANTED a legislative franchise and has fully operated for many years, has applied for the renewal of its franchise long before the expiration thereof, but for reasons not attributable to said person or entity, the legislature has not yet acted on the renewal of said franchise," Guevarra said.

Congress, in several previous instances, allowed the status quo without urging the NTC to issue a provisional permit, in consideration of the equities of the situation, he added.

The NTC earlier issued a memorandum allowing the automatic renewal of expiring permits of broadcast and pay-TV facilities during the enhanced community quarantine of Metro Manila and other high-risk areas to stop the pandemic.

The agency in March also said it would issue a provisional authority to allow ABS-CBN and its subsidiaries to operate until June 30, 2022.

ABS-CBN is facing a quo warranto challenge lodged before the Supreme Court by Solicitor General Jose Calida. The government's lead lawyer is seeking to nullify ABS-CBN's current franchise due to alleged abuses like illegal pay-per-view offering and foreign ownership.

The network, which reaches millions of Filipinos through its television, radio and online platforms, said it has not violated the law in its 66-year service.

A 2003 Supreme Court ruling that stopped the operations of a media outlet even if it secured an NTC permit "does not apply" to ABS-CBN, said Guevarra.

The subject of the ruling, Associated Communications & Wireless Services-United Broadcasting Networks (ACWS), "did not even have an original franchise to begin with." ABS-CBN has "a franchise and a license to operate, albeit subject to further deliberations for its renewal," Guevarra said.

News.abs-cbn.com is the official news website of ABS-CBN Corp.

https://news.abs-cbn.com/news/05/04/20/doj-maintains-broadcast-outlets-can-continue-ops-pending-franchise-renewal

Sunday, May 3, 2020

Calida nagbabala sa NTC sakaling mag-isyu ng provisional authority sa ABS-CBN

Binalaan ng Office of the Solicitor General (OSG) ang National Telecommunications Commission (NTC) laban sa pagbibigay ng provisional authority para makapag-operate ang ABS-CBN Corporation at ABS-CBN Convergence Incorporated kapag napaso na ang prangkisa nito.

Mapapaso sa Mayo 4 ang prangkisa ng ABS-CBN.

Giit ni Solicitor General Jose Calida, tanging ang Kongreso lang ang may kapangyarihan sa ilalim ng Saligang Batas na magbigay ng prangkisa sa isang broadcast network.

"The Constitution gives Congress the exclusive power to grant franchises to public utilities, such as broadcasting companies, in order to operate in the country. Although this legislative power may be delegated to administrative agencies through a law, at present, there is no such law giving the NTC or any other agency the power to grant franchises to broadcasting entities," ani Calida.

Taliwas ito sa kagustuhan ng Kamara at Senado, na nagsabing maaaring bigyan ng NTC ng provisional authority ang ABS-CBN habang wala pang naipapasang batas para sa bagong prangkisa ng network.

Mismong sina House Speaker Alan Peter Cayetano at Palawan Rep. Franz Alvarez, chair ng House Committee on Legislative Franchises, ang sumulat sa NTC na itinutulak ang pag-isyu ng provisional authority para sa ABS-CBN epektibo Mayo 4.

Ang Senado naman, nagpasa ng resolusyon na nagsasabing gusto nitong maglabas ang NTC ng perehong awtorisasyon.
   
Pero babala ni Calida, mahaharap sa kaso sa ilalim ng Anti-Graft and Corrupt Practices Act ang mga NTC commissioner na maglalabas ng provisional authority.
   
Wala pang pahayag NTC tungkol sa pahayag ni Calida.

Nito lamang Linggo, sinabi ng Palasyo na sinusuportahan nila ang malayang pamamahayag, lalo sa gitna ng krisis na kinahaharap ng bansa dahil sa COVID-19 pandemic.

"Without an open and free press, there will be an intellectual vacuum on public information and government programs and services, and there will be no dialogue on societal issues, public grievances, and government policies," ani Palace communications Secretary Martin Andanar.

"As media workers continue reporting in the frontlines, we pray for everyone’s safety as we laud all those in front of and behind the scenes in bringing truthful information to the homes of every Filipino family," sabi naman ni Presidential Spokesperson Harry Roque.

https://news.abs-cbn.com/news/05/03/20/calida-nagbabala-sa-ntc-sakaling-mag-isyu-ng-provisional-authority-sa-abs-cbn

Calida warns NTC against issuing provisional authority to ABS-CBN, affiliates

Calida himself contradicts DOJ opinion, threatens NTC commissioners of prosecution
MANILA – (UPDATE) The Office of the Solicitor General on Sunday warned the National Telecommunications Commission (NTC) against issuing provisional authorities to ABS-CBN Corp. and its affiliate, ABS-CBN Convergence, Inc., in the absence of a franchise from Congress.

Tomorrow, May 4, is the last day of ABS-CBN Corp.’s franchise while ABS-CBN Convergence’s franchise ended on March 17. The OSG’s move to prevent ABS-CBN from continuing its broadcast coincided with the celebration of World Press Freedom Day.

In a statement, Solicitor General Jose Calida said that “the Constitution gives Congress the exclusive power to grant franchises to public utilities, such as broadcasting companies, in order to operate in the country. Although this legislative power may be delegated to administrative agencies through a law, at present, there is no such law giving the NTC or any other agency the power to grant franchises to broadcasting entities.”



Efforts to renew ABS-CBN and Convergence’s franchise have stalled as Congress sought to hold hearings on alleged abuses by the media giant.

But no less than House Speaker Alan Peter Cayetano and Palawan Rep. Franz Alvarez, chair of the House Committee on Legislative Franchises, already sent a letter to NTC urging it to issue a provisional authority effective May 4, 2020.

The Senate, for its part, also passed a resolution expressing the sense of the chamber that it wants NTC to issue a provisional authority to the Lopez-owned network.

The House and the Senate’s move follows guidance from Justice Secretary Menardo Guevarra’s opinion that there is basis for ABS-CBN to be given authority to continue operating while its franchise renewal is pending.

“There is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their respective franchise remain pending with Congress. However, a more stable legal environment could be created if Congress, by a concurrent resolution, would authorize the NTC to issue a provisional authority to these broadcasting companies…until Congress’ final disposition of their franchise renewal bills,” Guevarra said.

On this basis, NTC Commissioner Gamaliel Cordoba told the House Committee on Legislative Franchises on March 10 that the NTC will issue a PA to ABS-CBN.

But Calida contradicted Guevarra’s position, insisting that a franchise must be secured first from Congress before the NTC can issue a Certificate of Public Convenience from the NTC.

“[A] PA should only be issued once a congressional franchise has been granted and an application for CPC is pending before the NTC for approval. The NTC cannot issue a PA when the broadcast company has no valid and existing legislative franchise,” he said.

“No less than the Constitution requires a prior franchise from Congress. Hence, when there is no renewal, the franchise expires by operation of law. The franchise ceases to exist and the entity can no longer continue its operations as a public utility,” he added.

Calida insisted the NTC cannot rely on either the Senate resolution, the House committee letter or on a DOJ opinion as legal basis for issuance of provisional authority.

He threatened NTC commissioners they may face prosecution under the Anti-Graft and Corrupt Practices Act if they issue the provisional authority to ABS-CBN and Convergence.

The government on Sunday said it will continue to promote a free press.

"Without an open and free press, there will be an intellectual vacuum on public information and government programs and services, and there will be no dialogue on societal issues, public grievances, and government policies," said Palace communications Secretary Martin Andanar.

https://news.abs-cbn.com/news/05/03/20/calida-warns-ntc-against-issuing-provisional-authority-to-abs-cbn-affiliates

Congress gears for online session anew

Both houses of Congress are set to resume their regular sessions on May 4 as scheduled with the Senate gearing to approve changes in its rules that will allow official proceedings through electronic platforms.

Speaker Alan Peter Cayetano said earlier that the House of Representatives might convene online as it did during the special session it held on March 24 to approve the Bayanihan to Heal as One Act against the coronavirus.

But opposition Rep. Edcel Lagman of Albay urged the House to amend its rules to foreclose any legal questions since the current rules do not include sessions via electronic platforms.

Senate President Vicente Sotto III said the chamber would also approve new rules that would allow online sessions in the face of government rules on the Luzon-wide enhanced community quarantine.

Physically present

At least three senators—Miguel Zubiri, Aquilino Pimentel III and Juan Edgardo Angara—and several Senate employees have been diagnosed with the new coronavirus disease (COVID-19) after an infected person served as a resource person in one Senate session.

The new rules will allow Angara, who again tested positive, to participate in the proceedings but Sotto said the rules would have to first be approved by a majority of senators physically present at the session on Monday.

Moreover, Sotto said he would have to be physically present in the session hall to preside over all sessions until Congress adjourns sine die on June 5.

“There are procedures that cannot be done via teleconferencing. Someone has to preside from the session hall,” he said.

Observe health protocols

Once the new rules are approved, senators will be able to work from home after they inform the secretariat of their plan so that their presence could be recorded for quorum purposes.

They will be allowed to sponsor committee reports, participate during the interpellation and period of committee and individual amendments and cast their votes via teleconferencing.

But those who wish to deliver a privilege speech would have to be physically present in the session hall, Sotto added.

Senators and their aides will have to observe health protocols, including temperature checks, physical distancing and hygiene practices if they report to the Senate.

The rules are expected to be similar at the House when they resume session on Monday.

“Definitely, we will convene [but] we may have to conduct the session online again,” Cayetano said earlier.

But Lagman said online sessions were not covered by the current rules of the House and the chamber might have to approve changes to the rules when it reconvenes.

Since the declaration of the enhanced community quarantine due to COVID-19, Congress has held a special session and several committee meetings through video conferencing, which, according to Lagman, may be questioned in court.

But the new rules may be made retroactive, Lagman said, to cover the virtual House special session on March 24.

—WITH A REPORT FROM MELVIN GASCON

https://newsinfo.inquirer.net/1268652/congress-gears-for-online-session-anew

Saturday, May 2, 2020

Sotto says to go to Senate to preside session Monday with or without ‘physical quorum’

Senate President Vicente Sotto III said Saturday he would go to the Senate on Monday to preside the session as Congress resumes, even while a quorum may not be reached as some senators were concerned of quarantine protocols as the enhanced community quarantine remains in effect in Metro Manila.

In a statement, Sotto said he would "physically" preside over all session days until Congress adjourns on June 6, saying some procedures in sessions may not be permitted through teleconferencing.

"...[B]eing the Senate President, I have the responsibility to ensure that all sessions are conducted as mandated by the Rules of the Senate and by the Constitution," Sotto said.

Congress resumes session on May 4, but some lawmakers have called for alternative ways for them to meet, including online meetings.

It would be the first time for the Senate to hold session since the outbreak, which also coincided with the start of its break.

Three senators- Senate Majority Leader Juan Miguel Zubiri and Senators Sonny Angara and Aquilino Pimentel III- earlier contracted the disease. The Senate's offices in Pasay City had to be closed after a carrier was confirmed to have appeared in a committee hearing, forcing lawmakers and their staff to go on quarantine.

Sotto, in calling for physical attendance of his colleagues, cited Senate rules requiring the presence of at least 12 senators before a quorum could be declared. The legislative body can only hold virtual meetings after this rule is amended, Sotto said.

Monday's session seeks to discuss such amendment.

"Once the resolution is approved, senators can attend sessions and hold hearings or meetings even without being physically present at the session hall, for the sessions, or the committee rooms for the hearings and meetings," the statement said.

Should senators choose to work from home, Sotto advised them to inform the Senate secretary or any member of the Secretariat "so their presence can be recorded for quorum purposes."

Members of the Senate Secretariat "who have primary functions during sessions," employees who will "play essential roles" during sessions such as people in public information and technical bureaus are required to be present once session starts, the statement said. They will also undergo health protocols to help contain the spread of the coronavirus disease 2019 (COVID-19).

Office staff not required to be physically present may continue telecommuting.

"I am fully aware of the concerns of Senate employees about going to work amid the COVID-19 pandemic. I would like to assure everyone that necessary health safeguards will be enforced and social distancing and hygiene protocols will be strictly followed during the sessions," Sotto said.

Senate Minority Leader Franklin Drilon earlier raised the possibility of “breaching quarantine protocols” should the Senate start convening physically.

The country’s health department earlier advised public and private establishments to mount work-from-home arrangements for employees as the highly-contagious virus can easily spread in crowded areas through the transmission of droplets from COVID-19 carriers.

https://news.abs-cbn.com/news/05/02/20/sotto-says-to-go-to-senate-to-preside-session-monday-with-or-without-quorum

Friday, May 1, 2020

BARMM seeks meeting with Cotabato City officials

By Ali Macabalang

COTABATO CITY – The Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) has asked for a meeting with the leadership of this city to iron out kinks in operational coordination, and ensure smooth implementation of measures against a common enemy – coronavirus disease 2019 (COVID-19).

“It has to be said that even last month, we have already sent a letter to the local government unit concerned to have a meeting (with us) para magkaroon ng discussion and resolution on some issues affecting our operations regarding community quarantine,” Mohammad Asnin Pendatun, spokesman of the Bangsamoro Inter-Agency Task Force, said in his latest virtual presser Tuesday.

Pendatun, who is also the BARMM cabinet minister, said he has followed up the request with another letter “inviting them (city government officials) to sit down (with us) and discuss things.”

City hall is supposed to be under the supervision authority of the regional government after the electorate voted for inclusion in the territory of BARMM in the plebiscite held in January 2019.

But the city leadership, led by Mayor Cynthia Guiani-Sayadi, refused to submit to regional supervision, citing a petition she had earlier filed to question some issues surrounding the plebiscite, and the lack of a local government code that BARMM is mandated to pass.

The stalemate on the city government-BARMM leadership relationship had caught the attention of Malacañang, even as President Duterte reportedly presided over two meetings with Mayor Sayadi and Chief Minister Ahod “Hadji Murad” Ebrahim on last February.

Reportedly on the recommendation of Interior and Local Government Secretary Eduardo Año, the President proposed a temporary arrangement that would allow city hall and the regional government to maintain status quo until December 2020.

CCTV's Oriental Horizon - Opening for Saturday, May 1, 1993

觀眾朋友(兩次),你們好!親愛的觀眾朋友,今天是五一國際勞動節,我們衷心地祝願大家節日快樂!今天對於我們這群人來說,是一個值得慶祝的日子。因為從今天開始啊,以後每天早上七點鐘,伴隨着冉冉升起的太陽,一個嶄新的電視節目將走進你我的生活當中,那就是中央電視台最新奉獻的早間節目《東方時空》。

Mandarin:
Guānzhòng péngyǒu (liǎng cì), nǐmen hǎo! Qīn'ài de guānzhòng péngyǒu, jīntiān shì wǔyī guójì láodòng jié, wǒmen zhōngxīn dì zhùyuàn dàjiā jiérì kuàilè! Jīntiān duìyú wǒmen zhè qún rén lái shuō, shì yīgè zhídé qìngzhù de rìzi. Yīnwèi cóng jīntiān kāishǐ a, yǐhòu měitiān zǎoshang qī diǎn zhōng, bànsuízhe rǎnrǎn shēng qǐ de tàiyáng, yīgè zhǎnxīn de diànshì jiémù jiāng zǒu jìn nǐ wǒ de shēnghuó dāngzhōng, nà jiùshì zhōngyāng diànshìtái zuìxīn fèngxiàn de zǎo jiān jiémù “dōngfāng shíkōng”.

Cantonese:
"gun1 zung3 pang4 jau5 loeng5 ci3 , nei5 mun4 hou2 can1 ngoi3 di1 gun1 zung3 pang4 jau5 , gam1 tin1 si6 ng5 jat1 gwok3 zai3 lou4 dung6 zit3 , ngo5 mun4 cung1 sam1 dei6 zuk1 jyun6 daai6 gaa1 zit3 jat6 faai3 lok6 gam1 tin1 deoi3 jyu1 ngo5 mun4 ze2 kwan4 jan4 lai4 jyut6 , si6 jat1 go3 zik6 dak1 hing3 zuk1 di1 jat6 zi2 jan1 wai4 cung4 gam1 tin1 hoi1 ci2 aa1 , ji5 hau6 mui5 tin1 zou2 soeng5 cat1 dim2 zung1 , bun6 ceoi4 zau1 jim5 jim5 sing1 hei2 di1 taai3 joeng4 , jat1 go3 zaam2 san1 di1 din6 si6 zit3 muk6 zoeng1 zau2 zeon3 nei5 ngo5 di1 saang1 wut6 dong1 zung1 , na6 zau6 si6 zungjoeng dinsitoi zeoisanfunghindizougaanzitmuk “dungfongsihung”

English:
"Viewers (twice), Hello! Dear viewers, today is Labor Day, we sincerely wish everyone a happy holiday! Today for our group of people, is a day of celebration. Because starting today, ah, after seven o'clock every morning, along with the rising sun, a new television program you will walk into my life, and that is the dedication of the latest CCTV morning show "Oriental Horizon."

Malay:
"Penonton (dua kali), Hello! Penonton yang dihormati, hari ini adalah Hari Buruh, kami dengan tulus mengucapkan selamat datang kepada semua orang! Hari ini untuk kumpulan kami, adalah hari perayaan .. Kerana bermula hari ini, ah, selepas pukul tujuh setiap pagi , bersama-sama dengan matahari yang semakin meningkat, program televisyen baru yang anda akan masuk ke dalam hidup saya, dan itu adalah dedikasi pertunjukan pagi CCTV terkini "Oriental Horizon."

Tamil:
"பார்வையாளர்கள் (இருமுறை), வணக்கம்! அன்புள்ள பார்வையாளர்கள், இன்று தொழிற்கட்சி தினம், எல்லோருக்கும் மகிழ்ச்சியளிக்கும் விடுமுறை தினத்தை நாம் விரும்புகிறோம்! இன்று நம் மக்கள் குழுவினர் கொண்டாடப்படுகிற ஒரு நாள், இன்று அதிகாலை ஏழு மணிக்கு பிறகு , உயரும் சூரியன், ஒரு புதிய தொலைக்காட்சி திட்டம் என் வாழ்வில் நடக்கும், இது சமீபத்திய சீன மத்திய தொலைக்காட்சி காலை நிகழ்ச்சி "ஓரியண்டல் ஹாரிசன்" நிகழ்ச்சியின் அர்ப்பணிப்பு ஆகும்.

"Pārvaiyāḷarkaḷ (irumuṟai), vaṇakkam! Aṉpuḷḷa pārvaiyāḷarkaḷ, iṉṟu toḻiṟkaṭci tiṉam, ellōrukkum makiḻcciyaḷikkum viṭumuṟai tiṉattai nām virumpukiṟōm! Iṉṟu nam makkaḷ kuḻuviṉar koṇṭāṭappaṭukiṟa oru nāḷ, iṉṟu atikālai ēḻu maṇikku piṟaku, uyarum cūriyaṉ, oru putiya tolaikkāṭci tiṭṭam eṉ vāḻvil naṭakkum, itu camīpattiya cīṉa mattiya tolaikkāṭci kālai nikaḻcci"ōriyaṇṭal hāricaṉ" nikaḻcciyiṉ arppaṇippu ākum.

Thursday, April 30, 2020

Duque nagbabala laban sa posibilidad ng COVID-19 crisis gaya ng sa India

Nagbabala si Health Secretary Francisco Duque III na hindi malayong sapitin ng Pilipinas ang kalunos-lunos na krisis na kinahaharap ng India dahil sa COVID-19, kung saan di bumababa sa 300,000 ang nagpopositibo kada araw.


Ani Duque, posible ito kung magpapatuloy ang aniya'y pagiging pasaway ng mga Pilipino sa mga ipinatutupad na minimum health standards.


"Pagka hindi tayo sumunod doon sa ating minimum health standards [and] if we do not intensify our COVID pandemic response like what has happened in India and also in some other countries where the second or third waves are being experienced, that is a big possibility," ani Duque.


Dagdag pa ng kalihim, dapat magsilbing leksyon sa Pilipinas ang dinadanas ng India. 


"What are the best practices, what are the practices that are really worth avoiding…at the end of the day we just have to work together," aniya.


Sabi pa ni Duque, may magagawa ang mga Pinoy para agapan na hindi makaranas ng parehong krisis. 


"We are not helpless. We are not without the power to fight this. Simple interventions, face mask, face shields, physical distancing, proper ventilation, avoidance of people in superspreader events, 'yung mga mass gathering lahat naman ito nandiyan na," saad niya.


Kasalukuyang hindi papayagang pumasok sa Pilipinas ang mga biyaherong galing o may travel history sa India sa nakalipas na 14 araw. Tatagal ang travel ban hanggang Mayo 14.


https://news.abs-cbn.com/news/04/30/21/duque-nagbabala-posibilidad-covid-19-crisis-india

Wednesday, April 29, 2020

Cayetano says to discuss ABS-CBN franchise with senators as coronavirus crisis persists

Lawmakers will discuss the ABS-CBN franchise as the coronavirus crisis upends legislative work, House Speaker Alan Peter Cayetano said Wednesday.

Cayetano said he is set to meet with some senators on Thursday to discuss how to go about the broadcast company's franchise without compromising the lawmakers' plan for an inquiry.

"I'm going to talk to some senators led by Sen. Bong Go din tomorrow kung anong magandang gawin (on what's best to do)," he said in an interview on radio DZMM.

"Kung whether its a joint resolution or ano man na hindi ma-compromise yung hearing pero may seguridad," he added.

(If we should pass a joint resolution or whatever that won't compromise the hearing but would provide security.)

The current franchise of ABS-CBN Corp, the country's largest media and entertainment company that operates free TV Channel 2 and radio DZMM, expires on May 4.

But in a March 16 memo, the National Telecommunications Commission said all live permits to operate and maintain broadcast and pay TV facilities that will expire during the enhanced community quarantine period will be automatically renewed.

The licenses will be valid for 60 days from the end of the quarantine period after which, the stations will be given 2 months to file for renewal of their permit or license without penalties or surcharges, the NTC said.

The NTC had earlier committed to allow ABS-CBN Corp. to operate after its franchise expires on May 4, as requested by lawmakers, who have yet to tackle several bills seeking for a fresh 25-year-franchise for the company.

If not for the pandemic, Cayetano said the franchise of the Lopez-led network was scheduled to be tackled on May 4 or 5.

Cayetano reiterated that lawmakers have asked the NTC to give ABS-CBN and its affiliate companies a provisional authority to operate.

"We don't want to close down ABS-CBN whether it's because of the franchise or it's because of business," the House Speaker said.

Cayetano also assured the public that there is "no move" to close down the broadcast giant.

"Gusto namin ipaabot sa lahat ng viewers ng ABS-CBN, DZMM, sa lahat po ng mga empleyado, sa mga stars, directors, wala pong move na isara ang ABS-CBN," he said.

(I want all the viewers of ABS-CBN, DZMM, its employees, stars, and directors to know that there is no move to close down ABS-CBN.)

The government placed Metro Manila on enhanced community quarantine beginning March 15 due to the COVID-19 outbreak. The coverage was expanded two days later to include the rest of Luzon, while other areas in the Visayas and Mindanao also imposed similar measures.

The ECQ for some areas, including Metro Manila, was recently extended through May 15.

https://news.abs-cbn.com/news/04/29/20/cayetano-says-to-discuss-abs-cbn-franchise-with-senators-as-coronavirus-crisis-persists