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Opinion

The arguments for and against ABS-CBN

WHAT MATTERS MOST - Atty. Josephus B. Jimenez - The Freeman

The issues are joined. The arguments have been put forward. The lines have been drawn. People who are interested to know whether or not ABS-CBN should be granted a new franchise should have the fundamental knowledge of the issues involved. They shouldn’t open their mouths or post irresponsible comments on social media, when they don’t really know the real score.

ABS-CBN submits that it has the right to get a new franchise because it’s performing a public service for no less than 70 million Filipinos worldwide, and it has no less than 11,000 employees. It asserts that in times of disasters and calamities, like the pandemic, it is helping millions of people in distress. Its president avers that ABS-CBN hasn’t violated any law, and that it is presumed innocent until proven guilty. It also promised that, even when a new franchise is issued to the network, it is willing to listen to criticism and suggestions. It admitted that it isn’t a perfect organization, having its own failures and shortcomings. It isn’t begging for mercy, it’s only making an appeal because freedom and democracy are at stake.

On the other hand, those who oppose the granting of franchise, led by Deputy Speaker Marcoleta, firmly declared that a franchise isn’t a matter of right but a mere privilege. ABS-CBN should prove that it’s worthy to be granted that privilege despite all the issues and charges against it. First, it has already used the franchise for 63 years since 1957, thus exceeding 13 years of the maximum time allowed by the Constitution. Marcoleta said the Lopezes should explain how they acquired the network back from the Cory government, without public bidding or evidence of just compensation. The people serve to know and we cannot make conclusions without evidence.

Marcoleta also mentioned that ABS-CBN allegedly violated the Constitution when a large chunk of its shares of stocks are controlled by Gabby Lopez, supposedly a US citizen. Media networks should be owned by Filipinos 100%. One serious allegation is that the so-called 11,000 employees of the network are not actually regular, but more than 8,000 of them are contractuals or deemed independent contractors, when they perform regular functions that are usually necessary and desirable to the main business of ABS-CBN. He declared that the network is practicing “endo”. More than 100 workers filed cases before the NLRC and they won, as well as in the Court of Appeals. If ABS-CBN loves their people, why did it elevate the case to the Supreme Court?

The congressman also accused the ABS-CBN of political bias. In 2010, it was pro-Noynoy. In 2016, it was pro-Grace Poe and Leni Robredo. It was allegedly only a TRO that stopped the network from airing a very damaging anti-Duterte exposé by a former senator. It was then Senator Alan Peter who got the TRO and that stopped the so-called black propaganda a day before the elections. Marcoleta's very serious accusations started with a video showing Kim Chiu's now famous law of the classroom. He then said that ABS has violated the law, thus it cannot go out of the classroom. It ended with Vice Ganda's “Showtime” taunting Pastor Quiboloy, and challenging him to stop Ricardo Dalisay. Quiboloy answered: I can stop not just Dalisay but the entire network. The challenge came from ABS-CBN. And the challenge has been accepted.

That is why a long and protracted hearing and series of sessions are needed to hear both sides on these issues. We need to know the truth, because only the truth can set us free from our biases. Not Vice Ganda, not Ricardo Dalisay, not even Noli de Castro or Ted Failon.

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