Constitutional or not? House resumes discussion on alleged issues vs ABS-CBN

MANILA, Philippines — The House of Representatives resumed Monday its deliberations on granting media giant ABS-CBN a 25-year franchise by beginning its discussion on more constitutional issues lodged against the network.

According to the agenda of the hearing sent to the media, the hearing seeks to focus on whether or not the acquisition of ABS-CBN by the Lopez family after the EDSA Revolution was pursuant to the Constitution as well as whether or not the network’s application violates the 50-year constitutional limitation for a franchise.

In a House hearing conducted on June 1, ABS-CBN president and chief executive officer Carlo Katigbak said that the reclamation of the network in 1986 was in accordance with the law.

He argued that the Lopez family never sold the network in the first place.

“Unang-una, ang PCGG (Presidential Commission on Good Government) mismo ang umaksyon na ibalik sa mga may-ari ang Channel 2 noong June 1986. Sa January 1987, nagkaroon ng agreement ang gobyerno at ABS-CBN na isaayos ang pagbalik ng iba pang facilities ng ABS-CBN na patuloy pang ginagamit ng gobyerno,” Katigbak said.

(The PCGG itself acted on returning Channel 2 to its owners in June 1986. In January 1987, there was an agreement between the government and ABS-CBN to return the facilities of ABS-CBN that is still being used by the government.)

“Itong agreement ay may basbas ng Korte Suprema noong 1989.   Base sa agreement na iyon, ibinalik ng PTV 4 ang iba pang facilities ng ABS-CBN sa 1992,” he added.

(This agreement had the blessing of the Supreme Court in 1989. Based on this agreement, PTV 4 returned the facilities of ABS-CBN in 1992.)

ABS-CBN was shut down in 1972 with the declaration of martial law by former President Ferdinand Marcos. The network only resumed operations in 1986, several months after the EDSA Revolution.

“Hindi po binenta ng Lopez family ang ABS-CBN. Basta ginamit nalang ng iba ang mga facilities ng ABS-CBN na walang binayaran,” Katigbak said.

(The Lopez family did not sell ABS-CBN. They just used the facilities of ABS-CBN without any payment.)

“Kaya hindi po totoo ang paratang na bigla nalang napasakamay muli sa mga Lopez ang ABS-CBN dahil sila naman ang tunay na may-ari nito,” he added.

(It is not true that ABS-CBN was just owned by the Lopez because they are the owners in the first place.)

50-year cap on franchises

Meanwhile, in arguing against the grant of a new franchise to ABS-CBN, House Deputy Speaker Rodante Marcoleta earlier said that ABS-CBN’s should not be granted a new franchise since the network has been “using the airwaves for more than 50 years.”

Marcoleta was referring to Section 11 of Article XII of the 1987 Constitution, which states that: “No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted… for a longer period than fifty years.”

But Cagayan de Oro City 2nd District Rep. Rufus Rodriguez earlier explained to INQUIRER.net that the 50-year cap on franchises granted by Congress applies to every franchise granted and broadcast networks are allowed to apply for renewal afterward.

“The Constitution is very clear. The Constitution says that every franchise that will be issued shall not be more than 50 years. Every, every instance, every franchise ‘yan (that’s for every franchise)—it’s not cumulative,” Rodriguez said in a phone interview.

“It is really every time you give a franchise, you cannot do more than 50 years. Our practice is only 25 years. You can give 50 years, 40 years, 25 years, one year… You can again issue another one basta (as long as) every time you issue [a franchise], there’s a maximum of 50 years,” he added.

ABS-CBN was shut down last May 5 after its franchise expired on May 4.

/MUF