THE Department of Justice (DOJ) is set to issue on Wednesday a guidance to the National Telecommunications Commission (NTC) in lieu of a legal opinion on the issue of whether the television giant can still operate pending action by Congress on the franchise renewal bills.
“We will reply to the NTC
tomorrow but will issue guidance instead of a formal legal opinion,”
Justice Secretary Menardo Guevarra
said.
The NTC earlier wrote the DOJ seeking a legal opinion on whether media giant ABS-CBN should be allowed to continue with its operation even after its franchise expires on May 4.
Guevarra also admitted that the Justice department is aware of the 1994 memorandum of understanding between the NTC, Kapisanan ng mga Brodkaster ng Pilipinas (KBP) and the House of Representatives which allows broadcast companies to operate for up to four years pending application or renewal of franchise.
“It depends on the House of Representatives if that memorandum of understanding would still be considered sufficient. But in my opinion it may have to be refreshed or replaced by a formal resolution of the house,” Guevarra pointed out.
‘No franchise, stop ops’
Meanwhile, former Chief Justice Reynato Puno pointed out that the Supreme Court had earlier issued a ruling which held that a congressional franchise is necessary for broadcasting companies to continue to operate.
“We were unanimous in holding that there is need for a franchise before the NTC can grant a provisional permit. Without a franchise, the television station concerned has to cease operations,” Puno said in an interview over CNN Philippines.
Puno was referring to the Court’s ruling in 2003 in the case of Associated Communications & Wireless Services v. NTC.
Puno noted that Section 16 of RA 7925 or the Public Telecommunications Policy Act of the Philippines states that “no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.”
The former chief justice added, “They cannot operate because of that decision and by the laws we have, particularly RA 7925.’”
Puno stressed that the NTC also does not have the power to grant a temporary license “without the franchise given by Congress.”
“This is also in RA 7925 which defines the powers of the NTC,” he explained.
The former chief magistrate’s position contradicts the position of Justice Secretary Menardo Guevarra, who said at Monday’s Senate inquiry into ABS-CBN’s franchise issues that the company should still be allowed to operate considering that some companies were allowed to continue their operation with expired licenses.
But, Puno said, this was a practice that has been tolerated but has no basis in law. “That is by mere tolerance, by mere practice, that practice cannot be sustained if you have a decision by SC, and you have a law saying you need a franchise,” he pointed out.
Aside from waiting for Congress to act on the renewal of its franchise, the network is also facing a legal battle at the SC after Solicitor General Jose Calida filed a quo warranto petition, asking the SC to cancel the franchises of ABS-CBN and its subsidiary ABS-CBN Convergence, saying the network committed “highly abusive practices” in violation of terms set by Congress when it approved the companies’ franchises in 1995.
Senators move
Senate President Vicente Sotto III earlier allayed concerns that beleaguered ABS-CBN may be compelled to shut down pending renewal of its expiring franchise.
“It can continue to operate,” Sotto told BusinessMirror Sunday, clarifying that a franchise is “deemed extended if a bill renewing it has been filed.”
On Wednesday, Senate Minority Leader Franklin Drilon is expected to file a Concurrent Resolution to allow ABS-CBN to continue to operate when its franchise expires on May 4.
And, while the House of Representatives is still weighing the merits of renewing ABS-CBN’s franchise, a lawmaker has filed a bill extending the existing franchise until the end of the Duterte administration on June 30, 2022.
In House Resolution 28, Cebu Rep. Raul del Mar said that since only a few session days are left before Congress adjourns on March 14, 2020, both the House of Representatives and the Senate need additional time to review, assess and determine whether or not ABS-CBN Broadcasting Corp. shall be granted the renewal of its franchise.
“This will enable Congress to discharge its constitutional duty of protecting public interest in the grant and repeal of franchises, without trampling on rights to due process and infringing on free press and free speech: Now, therefore, be it resolved by the House and the Senate to extend the franchise of ABS-CBN until the end of this 18th Congress on June 30, 2022,” he added.
Joel R. San Juan, Jovee Marie N. Dela Cruz and Butch Fernandez