It’s hard to accept that the members of the House of Representatives’ Committee on Legislative Franchises and its Technical Working Group have voted according to their conscience after serious and objective consideration of the testimonies and evidence adduced at the hearing of the ABS-CBN’s franchise renewal application.
Instead of a conscience vote, what took place apparently was a command vote based on the lopsided results and the party affiliations of those who voted against the renewal of the franchise. It was a wishful thinking for the naive supporters of the network to hope that ABS-CBN would be given an impartial hearing and fair judgment in Congress. It is no secret that the network had earned the ire of President Duterte when ABS-CBN did not air President Duterte’s political advertisements and instead featured anti-Duterte ads during the closing period of the last presidential campaign. Furthermore, the President on a number of occasions had denounced ABS-CBN for its political bias and publicly declared that it would be a better option for the network to just sell the network since it would never get its franchise renewal. During the exhaustive hearing of the ABS- CBN application, Speaker Alan Peter Cayetano spoke before the crucial voting and pontificated: “As the committee hearing the franchise of ABS-CBN approaches the day where its members have to decide on the fate of the network, the House leadership would like to reiterate that each vote must and will be based on the appreciation of the facts as they have been presented by both sides during these exhaustive proceedings, as well as the application of the relevant laws and public policy.” He said earlier that “from the start, we’ve been urging a conscience vote. That’s why we made the hearings public, so that the people can decide for themselves. So, this is one of the rare cases where representatives will decide for the people.” Elegant words spoken by a bible-quoting leader of the House ostensibly from a high moral ground which sounded music to the ears of wishful-thinking Filipinos. Yet, despite the findings and declarations of most, if not all, regulators and government agencies who were invited at the hearing that the network had not committed violations, the voting members disregarded such fact and overwhelmingly rejected ABS-CBN’s bid for a new franchise. Can we then state matter-of-factly that the House panel had voted based on the facts, the pertinent laws and policy and, most of all, according to their conscience and honest conviction per assurance by the Speaker. Did the Committee members have sufficient opportunity to review the recommendations of the TWG before voting was called? Based on the people’s reaction, it would seem that the answer is a resounding “No.” How can the pawns disobey the wishes of their king? If the adverse decision was decided “for the people,” had the panel members consulted with their constituents before casting their votes? The collective wisdom of their constituents should have been a more reliable guide in arriving at a just and fair decision. The elected representatives should not completely arrogate upon themselves the decision-making particularly on matters involving significant public interest.
Another disappointing act during the hearing which Congressman Edsel Lagman called a “charade” was the complete somersault by the NTC after it committed to Congress that it would issue a provisional authority for the network to operate after it was agreed that the Senate and the HoR would issue resolutions authorizing the NTC to grant the network a provisional authority to air its programs. The Solicitor General filed a quo warranto petition with the SC charging ABS-CBN of violating its franchise on several counts. The SolGen also warned that it shall take legal action against the NTC if it proceeds to issue a temporary authority since the power to issue a franchise is an exclusive power of Congress. Without advising both the HoR and the Senate, NTC issued a cease-and-desist order mandating ABS to stop broadcasting until Congress has renewed its franchise. NTC had completely ignored due process by not giving the network a show-cause order why its operation should not be shut down before issuing the CDO. Later, when ABS-CBN aired its show on cable and satellite TV channels, which the network claimed were not covered by the 25-year franchise, NTC sought SolGen’s opinion whether its earlier CDO already covered the TV Plus set-top boxes. Meanwhile, Congress strongly warned that a graft case against the NTC was in order for allowing ABS-CBN to operate with an expired franchise. An alias CDO was issued by the NTC banning the network from showing its program through its digital channels. NTC’s flip-flopping actions only showed that it has “the moral backbone of a chocolate éclair,” to borrow a quote from former US President Teddy Roosevelt. It gives us a feeling of insecurity when a government official is not firm on his resolve and decides and acts out of fear of losing his position.
But the greatest tragedy is when Filipinos no longer give a damn on what our congressmen do or say. Do we still care when we see our so-called honorable legislators behave deplorably or depravedly? Are we concerned if the quality of our political institutions like Congress has declined? Where are the leaders who can defy their party to serve the national interest? Show us the lawmakers made of sterner stuff; men of courage and conviction who will not subordinate the people’s will in exchange for political pelp, prestige and power. We need elective officials with political courage and integrity who are not afraid to lose their seat on a matter of principle. An ideal politician is one who thinks of the next generation and not of the next election. He should be above any political party and selfish partisan interest.