‘Is it fair?’: IBP urges gov’t to fast track ABS-CBN franchise renewal

MANILA, Philippines — A day after the National Telecommunications Commission (NTC) ordered the shut down of ABS-CBN’s operations, the Integrated Bar of the Philippines (IBP) asks the government: “Is it fair? Is it for the greater good?”

“The interrelated actions and pronouncements of government officials and offices, the latest of which is the order of the [NTC] for ABS-CBN Broadcasting Corporation (ABS-CBN) to stop airing its radio and television programs upon the expiration of its franchise on May 4, 2020 raise a number of constitutional and legal issues which should be resolved PROMPTLY in the proper forum. DELAY is not good governance,” IBP said Wednesday in a statement.

IBP explained that despite it championing the rules of law, such as “no one is above the law” and other legal maxims, the lawyers’ organization is questioning the government’s handling of the ABS-CBN franchise issue.

IBP also posed four questions directed to NTC, lawmakers and the national government:

1) Is it fair for Congress to keep the numerous bills for the renewal of the franchise of the first radio-television company in Southeast Asia (1953) and the biggest in the Philippines, pending for more than three years, and let the franchise expire?

2) Is it fair for the NTC to commit that a provisional authority to operate would be in order while the franchise bill is being deliberated upon by Congress but at the last minute order the company to stop airing its programs?

3) Is it fair for the government to allow other media companies to continue operating even after the expiration of their franchises but firmly close down a company that is publicly identified and singled out to be more vocal and critical?

4) Is it fair for different agencies and branches of government to issue contradictory opinions and directives upon which the tens of thousands of stockholders, employees, and related businesses, and millions of viewers and listeners of the media company have to rely?

Rule of law

IBP also stressed that the rule of law is not a “technical tool that people in power wield at their power and discretion.”

“Rule of law is fundamental fairness that binds a nation and country together for the greater common good. Rule of law unites not spites, it fosters cooperation not division, it heals not kills,” IBP stressed.

“The judicious application of the real essence of the rule of law is imperative considering the impact of the ABS-CBN controversy to our cherished freedoms of expression and of the press and to our treasured rights to information, due process, accountability of public officials, and a transparent, empowering government,” it added.

IBP then urged government officials and offices “as public servants and trustees to do their sworn duty well and without delay or discrimination.”

The lawyers’ organization pointed out that NTC may give ABS-CBN a provisional permit to operate, a decision House Speaker Alan Peter Cayetano previously assured to the public as a move that will allow ABS-CBN to continue operations beyond the expiration of its legislative franchise on May 4.

IBP also noted that Congress may quickly deliberate and independently vote on the pending ABS-CBN franchise bills if it really wants to, reasoning that it is possible as the Bayanihan Law and others were passed within days.

“The courts may forthrightly resolve the related cases pending before them and those that may be brought to them. Politicians and government officials may coordinate better to pursue and inspire real reconciliation as well as principled progress and genuine peace in our land which we sorely need in these challenging times,” IBP said.

“The Filipino lawyers stand with our countrymen in vigilance and hope for basic fairness and the greater common good,” it added.

IBP board chair and lawyer Domingo Cayosa suggested in February that it is better for the Senate and the House of Representatives to renew ABS-CBN’s franchise rather than issuing a provisional permit to operate.

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