THE grant of a legislative franchise is a “privilege” given at the discretion of the State, and the constitutional right to press freedom “does not apply” in the case of ABS-CBN, the chairman of House Committee on Legislative Franchises asserted on Thursday.
In a statement, Palawan Rep. Franz Alvarez strongly reminded ABS-CBN that this congressional franchise allowing the network to continue its operations beyond March 30, 2020, is “a privilege, and not a right,” under the law, as critics in recent days expressed concern that the shutdown of the Lopez-led media empire represented political vendetta by the Duterte administration.
“Constitutional right to press freedom is a separate concern that does not apply in this case [of ABS-CBN],” he added.
Alvarez insisted—despite President Duterte’s repeated remarks about his determination to shutter the network and his advice to the Lopezes to “just sell” it—that there is no attempt to muzzle or control the media, “so do not try to make this a press freedom issue when it is not.”
ABS-CBN’s franchise to operate is set to expire on March 30, 2020. Under Republic Act 3846, radio and television broadcast stations are required to seek a franchise from Congress before being allowed to operate.
Alvarez noted that the
Supreme Court in the case of Radio Communications Philippines Inc. v. National
Telecommunications Commission had stated that the grant of a franchise is
“merely a privilege emanating from the sovereign power of the state and owing
its existence to a grant, is subject to regulation by the state itself by
virtue of its police power through its administrative
agencies.”
Nonetheless Alvarez vowed that his panel will thoroughly study and hear all sides regarding ABS-CBN’s application for its franchise renewal.
“This is why we have to hear all sides, and find out if ABS-CBN violated the provisions of its franchise.”
According to Alvarez, the House of Representatives has assured ABS-CBN that it would be fair and objective in reviewing its application for the renewal of its franchise.
“The advice of [House] Speaker Alan [Peter Cayetano] to us was to make sure that we would be always fair and impartial in reviewing the application of ABS-CBN, or the application of any other public utility, for that matter. At the same time, it is Congress’s duty to accept complaints and hear issues brought up in any case or objections,”Alvarez said.
“Does the President and many others who have made statements against ABS-CBN’s election coverage and election ad placement system, have a legitimate grievance against ABS-CBN? Did ABS-CBN violate the provisions of its franchise? Can ABS-CBN credibly defend its privilege of being granted a renewal of its franchise? These are just some of the questions that our committee will seek to answer when we conduct hearings on the matter once Congress resumes session three weeks from now,” Alvarez said.
For his part, Albay Rep. Edcel Lagman said he would file a resolution on January 6, urging the Committee on Legislative Franchises to report out without further delay for plenary action a consolidation of nine pending bills proposing the renewal of the media giant’s franchise.
“The freedom of the press is enshrined in the Bill of Rights and franchises as private bills exclusively emanate from the House of Representatives,” he said.