Lagman: Reconsider approval of ABS-CBN interim franchise to cure ‘constitutional infirmity’

MANILA, Philippines — A lawmaker is calling on the House of Representatives to reconsider the second reading approval of the bill granting ABS-CBN a provisional franchise until October 31, 2020, to cure the measure of any “constitutional infirmity” and to extend its effectivity.

Albay 1st District Rep. Edcel Lagman on Friday said that a motion has been filed on Monday, May 18, to reconsider the approval of House Bill No. 6732 as it “raised a serious constitutional challenge” for violating a provision in the Constitution.

Lagman cited Section 26 (2) of Article VI of the Constitution which states that “(n)o bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.”

To recall, during House’s session on May 13, the lower chamber convened into a Committee of the Whole to tackle House Bill No. 6732.

After approval by the Committee of the Whole, the bill was immediately deliberated on and eventually approved on second reading on the same day.

However, Lagman said  House Bill No. 6732 was not certified as urgent by President Rodrigo Duterte and as such, the “three readings on separate days” rule was not followed.

“The express process held for the passage of the ‘Bayanihan Act’ or R.A. 11469 where the first, second, and third readings were conducted in one special session day cannot be invoked as a precedent because in that case there was a presidential certification of urgency,” Lagman said in a statement.

Another ground for the reconsideration of the approval of the bill, Lagman said, is to enable the plenary to reopen the period of amendments to accommodate a longer effectivity of the provisional franchise for at least one year or sometime up to July 2021, as suggested by some senators.

“This compromise will preclude a lengthy and contentious bicameral conference which may derail the enactment of the provisional franchise and prolong the closure of ABS-CBN,” Lagman said.

Now, when shall the motion reconsider the approval of the bill be made?

Lagman cited Sec. 103 of Rule XIII of the House Rules which states that a motion for reconsideration of action on a measure may be filed “on the same or succeeding session day” following the approval of such measure.

“Thus, the filing of such motion falls at the latest on Monday, May 18, 2020, since there were no sessions from May 14, 2020, to May 17, 2020,” Lagman said.

“After the timely reconsideration, and with the possible introduction of amendments to House Bill No. 6732, the bill can be approved on second reading on May 18, 2020, which is a separate session day,” the lawmaker added.

Cagayan de Oro 2nd District Rep. Rufus Rodriguez earlier told INQUIRER.net that he would file a motion to recall the approval of the bill on Monday, May 18.

“May (We have) pro and [opposition] so if we pass this kind of law that may be in violation of the Constitution, sayang (it would be unfortunate),” Rodriguez said.

However, Deputy Speaker Neptali Gonzales has insisted that the lower chamber did not commit any violations in the approval of the bill.

“I submit that the first and second Reading may be done on separate days or on the same day, depending on the decision of the Plenary, without violating the Constitution for as long as the third reading will be three days after distribution of printed copies,” Gonzales said.

“In other words, there is nothing wrong for the House to lump together on the same day the first and second reading of a bill and conduct the third reading on a separate day because of the three-day rule, unless certified by the President,” he added.

/MUF