DOJ : Congress may allow NTC to give ABS-CBN provisional authority to operate beyond franchise lapse
MANILA - ABS-CBN Corp may continue operations pending renewal of its franchise as Congress may allow the National Telecommunications Commission to issue broadcast companies provisional authority, the Department of Justice has said. Issuing guidance to the NTC amid issues surrounding the media giant's franchise, Justice Secretary Menardo Guevarra cited how Congress has previously allowed broadcast companies to continue operations pending franchise renewal as an "equitable practice. "...[T]here is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their respective franchise remain pending with Congress," read the 6-page Department of Justice letter addressed to NTC Commissioner Gamaliel Cordoba dated Feb. 26. "However, a more stable legal environment could be created if Congress, by a concurrent resolution, would authorize the NTC to issue a provisional authority to these broadcasting companies under such terms and conditions as it may deem necessary, until Congress' final disposition of the franchise renewal bills," it said. Cordoba had requested DOJ's legal opinion on Feb. 12. In his response, Guevarra said the department was constrained from issuing a formal legal opinion as the matter involves "substantial rights" of a private entity. He added that the question of whether or not ABS-CBN may continue operations beyond the lapse of its franchise on May 4, 2020 would be better deliberated in Congress, noting that the license has yet to lapse. Several bills remain pending at the House of Representatives for ABS-CBN's franchise renewal, with House Speaker Alan Peter Cayetano saying the matter was "not that urgent" and that he was eyeing May to begin proceedings on the proposals. On Wednesday, following repeated vows to oppose the network's broadcast license renewal, President Rodrigo Duterte said he was accepting the apology the network issued at a Senate hearing on Monday for 2016 political ads that had offended him. Still, he left the decision up to Congress, where a majority are his allies. "Congress may still be able to timely act on the renewal of the franchise, thus making our opinion unnecessary," Guevarra said in his letter. Instead issuing a guidance, the DOJ echoed the opinion of several lawmakers that there are ways for ABS-CBN to be allowed to continue operations. "This appears to be an equitable practice that has been previously adopted by Congress in favor of broadcast companies whose bills for renewal of franchise have already been filed, but have not yet been enacted into law by Congress," Guevarra said. "The practice has benefited several companies which were similarly situated," he said, citing the Philippine Telegraph and Telephone Corp., Smart Communications and the Catholic Bishops Conference of the Philippines for the operations of its broadcast arm. Guevarra noted that "the same treatment be extended to all entities seeking the renewal of their franchises with are about to expire." "Otherwise, it runs afoul of the basic principles of fairness and justice," the letter read. "It likewise undermines the trust and the reasonable expectation of the citizens that the state shall govern impartially and will not draw distinctions that are irrelevant to a legitimate objective." Guevarra also noted a gap in existing laws on franchises, saying they "do not provide for the status of the operations of a radio and/or television franchise" pending measures for their license renewal. "There is nothing in our existing laws that declares that the franchisee can continue to operate pending the renewal of its franchise; neither is there anything in these laws which prohibits the franchisee from operating until Congress acts on the bill for the renewal of the franchise," it said. In this case, "equity comes in to fill the gap," Guevarra said. "It is our hope that Congress will apply principles of equity in dealing with a situation where no fault or negligence may be attributed to entities seeking the renewal of their respective franchise," he said. CONGRESS, NTC POWERS In his guidance, Guevarra also noted that Congress has the power to "define and preserve the rights of the franchise applicant pending final determination" of the fate of a firm's franchise renewal. He said Congress "has the implied power to authorize ABS-CBN to continue its operations pending final action on the renewal of the franchise" as it has done for other companies. The DOJ also affirmed the NTC's power to issue provisional authority for a broadcast company to continue operations pending its franchise renewal. "An applicant who has been previously granted a franchise by Congress could be considered a qualified applicant...and could, accordingly, be issued a provisional authority to operate, subject to Congress' eventual disposition of the franchise renewal bill," the letter said. Senate Minority Leader Franklin Drilon earlier filed a joint resolution that seeks to extend ABS-CBN's current franchise until December 31, 2022, and a separate concurrent resolution expressing the chamber's sentiment urging the NTC to allow the network to operate beyond May 4. As ABS-CBN's franchise renewal bills remain pending in Congress, it is also facing a quo warranto petition before the Supreme Court, filed by Solicitor General Jose Calida over alleged violations of its franchise provisions. The network has asserted in did not violate the law. Facing a Senate hearing on Monday, ABS-CBN executives also said it was compliant with business ownership rules, contrary to allegations, and asserted that the network has no political agenda. The tax bureau has also said the network has been paying taxes promptly, also contrary to allegations. - with a report from Mike Navallo, ABS-CBN News Read more: ABS-CBN News
Good next time be fair naman. . . I love ABS CBN when DOJ 'suggest' provisional license while its still pending in congress meaning the QUO WARRANTO will be trash soo 'may' Allow. If not. Checkmate! All these moves will be naught if the President vetoes the extension or renewal of the franchise, and the supreme court favoring the quo warranto
Ex-SC justice refutes DOJ: ABS-CBN needs franchise, not permit, after May 4The network's franchise woes show an apparent clash between legal jurisprudence and executive command. ABSCBNFranchise That is what makes law practice exciting (& also frustrating to parties concerned), almost all laws can be interpreted whichever which way depending on the current lebenswelt. Evidence isn't always fair and just nor is it THE TRUTH! Then shall the Lower House certifies this as urgent matter? Ang mangyayari lang naman sa nilulutong hearing sa House ay palabasing masama at bias ang network citing the 2016 election which is not a requisite or requirement in granting a franchise. Tama ba? ABSCBNFranchise i tend to agree. What’s holding congress anyway? Bakit provisional permit pa kase? A product of their negligence and laziness?
Lacson: ABS-CBN needs new franchise from Congress, not NTC authorityA provisional authority by the National Telecommunications Commission allowing ABS-CBN to operate past its franchise expiration may face legal questions, Senator Panfilo Lacson warned on Thursday. | MAgerINQ MAgerINQ True! Kaso nga lang masyadong incompetent yung tangenang boy kaldero kaya wala pa din aksyon. ABSCBNFranchise MAgerINQ Hindi naman pinipilit si Cayetano na simulang dinggin ang renewal ng prangkisa ng ABSCBN. PERO PWERSAHIN NA SANA SI CAYETANO NA TANGGALIN SA PAGIGING SPEAKER OF THE HOUSE.🤡 YesToOUSTCayetano YesToReplaceCayetano MAgerINQ Ang daking opinyon, anu ba talaga ang daming batas sa pilipinas maraming paliwanag. Kaya ang hirap ding sundin😣 onlyn in the philippines.
Zarate insists: NTC can give ABS-CBN interim license to persist operationsMANILA, Philippines — The National Telecommunications Commission ( NTC ) can grant broadcast giant ABS-CBN provisional authority to operate while its main franchise is yet to lapse, House Deputy NAMercadoINQ Star craft cheat : SHOW ME THE MONEY Bayad Mun : SHOW ME THE MONEY NAMercadoINQ WRONG!!!! Jurisprudence says NO. NAMercadoINQ YODA: Oh! Bend the law you will?
Joint reso will 'compel' NTC to give ABS-CBN provisional permit to operate: solon
Cayetano willing to be jailed for ABS-CBN's provisional permitSenator Ping Lacson says the National Telecommunications Commission could be charged with usurpation or unlawful use of authority if it grants ABS-CBN provisional authority to operate without a franchise. So now magiging hero pa ng ABS-CBN si Cayetano? Edi wow! Hahaha. Mas okay sa amin kung gawin niya mabuti trabaho niya sa kongreso kaso tamad eh lol kobe pa more! Pakulong ka nalang, puro ka lang naman pa bida🤣 kung tinatalakay nyo na kasi issue, gago ka kasi ABSCBNFranchise Sira na tuktok nitong si Cayetano... Ang linaw linaw ng batas eh... Walang prangkisa walang operation... Expired na prangkisa bawal mag operate.... Yung jeep, uv express etc... nga pag wala ng prangkisa bawal na bumiyahe.
Ex-SC justice refutes DOJ: ABS-CBN needs franchise, not permit, after May 4The network's franchise woes show an apparent clash between legal jurisprudence and executive command. ABSCBNFranchise That is what makes law practice exciting (& also frustrating to parties concerned), almost all laws can be interpreted whichever which way depending on the current lebenswelt. Evidence isn't always fair and just nor is it THE TRUTH! Then shall the Lower House certifies this as urgent matter? Ang mangyayari lang naman sa nilulutong hearing sa House ay palabasing masama at bias ang network citing the 2016 election which is not a requisite or requirement in granting a franchise. Tama ba? ABSCBNFranchise i tend to agree. What’s holding congress anyway? Bakit provisional permit pa kase? A product of their negligence and laziness? FAST FACTS: SEA Games 2019 venues convert into quarantine centers LOOK: Meet Dahlia Amélie, Anne Curtis and Erwan Heussaff's baby girl LIVE UPDATES: COVID-19 pandemic [OPINION] Duterte’s callous disregard for health workers’ lives Mayor Donya Tesoro, nirereto ng netizens kay Vico Sotto Scientist backs lockdown extension, says PH needs 2-3 months to 'flatten the curve' Manila passes ‘Anti COVID-19 Discrimination’ ordinance