‘Just pass a law to save ABS-CBN’

MANILA, Philippines — Retired Supreme Court (SC) senior associate justice Antonio Carpio advised Congress to pass legislation to renew the franchise of broadcast giant ABS-CBN, saying a joint resolution is not a law.

In an interview with “The Chiefs” on Cignal TV’s One News on Wednesday night, Carpio cited the SC’s decision on the salary increase for state nurses that was mandated by law, but which Congress tried to reverse through a joint resolution. The SC ruled in favor of the nurses, pointing out that a joint resolution could not overturn a law.

A joint resolution, he said, merely expresses the sense of Congress. A bill should be filed and enacted into law as prescribed by the Constitution.

In ruling in favor of the petitioners, the Court ruled that Joint Resolution No. 4, being a mere resolution, cannot amend or repeal a prior law such as RA 9173 or the Philippine Nursing Act.

“I was a ponente of that decision that a joint resolution is not a law so I would suggest to Congress to just pass a law. I mean, if the franchise has a term of 2 years or 3 years it’s OK but it has to be a law so that there will be no questions anymore,” Carpio said.

The granting of franchise, he said, should begin with a bill because it notifies the public that it could become a law.

“It (joint resolution) could be challenged because it’s not a franchise embodied in a law. Congress must pass a law to grant a franchise and a joint resolution is not a law,” Carpio said. “I think all they have to do is follow that procedure. It’s not so different but at least it gives notice to the entire country that this bill could become a law.”

As a practice when franchise is being renewed by Congress and it expires while still being deliberated, Carpio said the NTC usually allows the franchise holder to continue operation.

The NTC’s cease and desist order against ABS-CBN forced the network to go off the air last Tuesday.

“While you cannot say that NTC committed grave abuse by issuing that order because NTC followed the Supreme Court decision, you can also cite that in the past NTC has been lenient when it comes to franchises that expire within the term of Congress when they are deliberating on the renewal,” he said.

According to Carpio, ABS-CBN can bring the case to the Supreme Court because of a different situation.

“What should be done is for ABS to bring the case to the Supreme Court and for ABS-CBN to say that OK, you have that rule in Associated Communications if there is no franchise NTC can’t issue a permit but our situation is different. In the case of ABS-CBN, the company applied for renewal that is being deliberated now in Congress.

“And yet about 11,000 people whose jobs are at stake… I’m not saying that the Supreme Court will grant them a TRO (temporary restraining order) but they can argue that way. And maybe they can say that general rule is if you don’t have a franchise you cannot be given a permit but if you have a pending application for renewal and it’s being heard by Congress you should allow Congress to decide until the end of the term of Congress,” Carpio said. “I think that would be an exception to this rule laid down in Associated Communications.”

The decisions of the NTC, Carpio said, are appealable to the Court of Appeals but it can be brought to the SC on transcendental issue because this involves 11,000 jobs and also involves one of the biggest networks in the country.

“This has national significance that I think the Supreme Court should accept this as a case,” Carpio said.

The Kapisanan ng mga Brodkaster ng Pilipinas (KBP) earlier slammed the decision of the NTC to halt broadcast operations of ABS-CBN following the expiration of the network’s franchise.

“The decision is unfair not only to the network and the thousands who depend on the network for their livelihood but, even more important, to the millions of people served by the network through its broadcasting activities,” the national association of broadcasters of the Philippines said in a statement.

Closing down ABS-CBN during the coronavirus disease 2019 (COVID-19) pandemic could not have come at a worse time, KBP said.

CSC hits NTC

A commissioner of the Civil Service Commission (CSC) has expressed dismay over the NTC’s issuance of a cease and desist order against ABS-CBN that shut down the network last Tuesday, urging the NTC to uphold public interest.

In a press statement issued yesterday, CSC commissioner Aileen Lizada said officials of the NTC seemed to have forgotten its sworn duty to act with professionalism and uphold public interest over personal interest as mandated under Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

“I cannot help but be concerned on how the NTC ultimately arrived at its decision to order the suspension of ABS-CBN’s operations, especially at a time when the concerted and unified efforts from both the public and private sectors are most needed to get through this crisis,” Lizada said.

“As public servants, the NTC could have applied justice to the greatest extent possible in coming up with its decision, knowing fully well that it would affect Filipinos who are in daily struggle to get through the present crisis and who they swore to serve in public service,” she added.

In its cease and desist order issued on Tuesday, the NTC said ABS-CBN must stop its television and radio broadcasting operations nationwide due to the absence of a valid congressional franchise as required by law.

The NTC issued the order even if it earlier assured Congress that it would grant a provisional authority to ABS-CBN to continue its operations as the House of Representatives has yet to act on bills pending since 2016, which seek to renew the media giant’s franchise.

Lizada said the NTC’s action to strictly apply legal technicalities was misplaced, especially as it previously allowed at least eight media organizations to continue to operate despite the expiration of their respective franchises until the eventual renewal thereof.

Lizada cited Section 4 (b) of RA 6713 which requires all government officials and employees to perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill and shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.

The NTC’s order against ABS-CBN came two days after Solicitor General Jose Calida warned the commission that it could be held liable of graft if it would allow the network to operate without a valid franchise.

The NTC had earlier maintained that its order was based on the law and not because of any pressure from the Office of the Solicitor General.

Lizada said that while other government agencies are working hard to find ways to cushion the public from the adverse impacts of the coronavirus disease 2019 pandemic, the NTC came with its cease and desist order which endangers the livelihood of more than 11,000 employees of ABS-CBN.

“Thus, I find it disheartening, insensitive and regrettable to see that a decision arrived at by a government agency, which appears to be inconsistent with its previous decisions, would cause unnecessary additional burden to thousands of Filipino workers and their families during this difficult time that we are all in,” Lizada said.

“Let us put to heart that we, as public servants, are also in the service of the Filipino people,” she added.

Senate resolution

Thirteen senators urged the NTC to reconsider its cease and desist order against ABS-CBN and allow the network to continue the operations while Congress hears its franchise renewal.

In Senate resolution no. 395 urged the NTC to reconsider its cease and desist order and allow the continuous operations of the ABS-CBN Corp., its subsidiaries and affiliates ABS CBN Convergence Inc., Sky Cable Corp. and Amcara Broadcasting Network, Inc. pending disposition of its franchise renewal.

The 13 senators who signed the measure were Risa Hontiveros, Juan Miguel Zubiri, Franklin Drilon, Ralph Recto, Sonny Angara, Nancy Binay, Pia Cayetano, Sherwin Gatchalian, Leila de Lima, Lito Lapid, Emmanuel Pacquiao, Francis Pangilinan, and Joel Villanueva.

The resolution noted that another demonstration of NTC’s liberality to issue a provisional authority to allow ABS-CBN to operate was based on its Memorandum Order 03-03-2020 which grants virtual extensions of the validity of the franchises for 60 days after the end of the government-imposed quarantine period brought about by the COVID 19.

Sen. Grace Poe said the closure of ABS-CBN should serve as a wake-up call to Congress to live up to its mandate of granting franchises.

Poe said the network’s shutdown highlights the critical role of Congress in exercising its exclusive powers independently, such as the grant of a legislative franchise.

During the Feb. 24 Senate public services hearing which Poe chaired, NTC Commissioner Gamaliel Cordoba said that they could issue a provisional authority to allow ABS-CBN to remain on air upon the advice of the Department of Justice and on the principle of equity.

“They (NTC) could have reached out to us from the very beginning and said, ‘you know, we’re a little bit unsure about this, so Congress, please better act or these are the remedies’,” she stressed.

House blames NTC, Calida

House leaders blamed the NTC and Calida for the shutdown of ABS-CBN.

Deputy Speakers Johnny Pimentel and Prospero Pichay Jr.; Reps. Mike Defensor, Rufus Rodriguez and Alfredo Garbin Jr. and Minority Leader Benny Abante all denied liability of the House for the closure of the operations of ABS-CBN after the House allegedly sat on franchise renewal bills.

They said Speaker Alan Peter Cayetano or the entire House couldn’t be blamed for actions taken by the NTC and Calida, particularly the issuance of cease and desist order against the network.

“The cease and desist order by NTC was an offshoot of the statement by the Office of the Solicitor General that cases will be filed against them if they issue a provisional authority,” stressed Pimentel.

Pimentel defended Cayetano, who was blamed by colleagues Reps. Lito Atienza and Edcel Lagman for the mess.

Pimentel accused NTC of unfair treatment of ABS-CBN, saying the regulatory body had allowed other entities with expired franchises to continue their operations while lawmakers worked on their franchise renewal.

Rodriguez said the NTC had in fact violated its own memorandum issued last March that granted a 60-day extension to broadcast networks with permits and franchises expiring during the enhanced community quarantine period.

“The NTC violated its own memo when it singled out ABS-CBN by issuing the cease and desist order. It has to recall the said order,” Rodriguez, the committee on constitutional amendments chairman, stressed.

Rodriguez filed last Wednesday a joint congressional resolution seeking to grant a provisional franchise to ABS-CBN until June 2022 and also a new franchise bill for a fresh 25-year franchise for the network instead of extension of the expired franchise.

He said NTC chief Cordoba “double-crossed” the House when he assured lawmakers a provisional franchise would be given to ABS-CBN.

“There will be no more action from the NTC on this after they double crossed us,” Rodriguez told “The Chiefs” over Cignal TV’s One News last Wednesday night.

As part the “solution” to solve the legislative franchise row, the Mindanao congressman offered his proposed House Joint Resolution that would give a “provisional franchise” to the Lopez-owned network that will be valid until June 30, 2022.

And while the two-year franchise is valid, the House committee on legislative franchises headed by Palawan Rep. Franz Alvarez can fully deliberate on the merits through Rodriguez’s House Bill 6694 that will give ABS-CBN another 25-year franchise until 2047.

Defensor, chairman of public accounts committee, believed that the House was a victim of an “ambush” by the NTC, which did not fulfill its commitment to allow the network’s operations after expiration of franchise, after being “pressured” by Calida.

Pichay said NTC violated the constitutional right to due process when it issued the cease and desist order without hearing.

“The NTC should speedily withdraw its order closing down ABS-CBN. It should give Congress ample time to close the clear gaps in the laws governing broadcast entities,” the Surigao del Sur lawmaker argued, adding that the commission’s action may be questioned before the Supreme Court.

AKO Bicol party-list Rep. Garbin said the action of NTC violated due process in the sense that ABS-CBN was not informed of a proceeding to be able to explain why no action should be taken against them.

Manila Rep. Abante said the latest action of NTC in issuing a CDO against ABS-CBN is a slap on the face of Congress and an outright act of defiance.

Deputy Speaker and Pangasinan Rep. Rose Marie Arenas said Congress could best serve the public interest and assert its constitutional prerogative by expediting the deliberations on the renewal of the ABS-CBN franchise.

“It was under these circumstances that both the House and the Senate have relied on the commitment of the NTC that it would not act in the precipitous way that it did,” said Arenas.

She said they were assured that a provisional authority would be issued to ensure the uninterrupted operation of ABS CBN while the renewal of its franchise was still up for deliberation. - Elizabeth Marcelo, Edu Punay, Cecille Suerte Felipe, Eva Visperas