MANILA, Philippines — Two House panels continued Wednesday its deliberations on media giant ABS-CBN’s bid for a 25-year franchise—this time, to discuss whether or not the network’s application violates the 50-year constitutional limitation for franchises issued by Congress.
The House committee on legislative franchises and the committee on good government and public accountability convened, under a hybrid set up, with some of its members as well as resource speakers physically present in the plenary while the others are present through videoconferencing.
On June 1, House Deputy Speaker Rodante Marcoleta claimed that ABS-CBN 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.
ABS-CBN president and chief executive officer Carlo Katigbak likewise raised the same argument.
“Ang sinasabi sa Saligang Batas ay ang isang prangkisa ay hindi maaring tumagal ng lampas 50 years. Pero hindi po nito sinasabi na pag-abot mo ng fifty years ng serbisyo, hindi ka na pwedeng magpatuloy ng serbisyo,” Katigbak said.
(According to the Constitution, a franchise cannot last for more than 50 years. But that does not mean that once you reach 50 years in service, you can no longer continue.)
“Ang sinasabi lang po ay kapag nag-expire ang iyong prangkisa, kailangan kumuha ulit ng panibagong prangkisa. At ang ibibigay na bagong prangkisa ay hindi pwedeng lumampas ng fifty years,” he added.
(What it says is that if your franchise expires, you can apply for a new franchise and that the new franchise cannot exceed fifty years.)
The 50-year cap on franchises is only one of a number of issues lodged against ABS-CBN amid its bid for a new franchise.
So far, the committees have tackled the citizenship of ABS-CBN Chairman Emeritus Eugenio “Gabby” Lopez III, the network’s issuance of Philippine Depositary Receipts (PDRs), and the re-acquisition of the Lopez family of the network after the 1986 EDSA Revolution.