People's initiative open for ABS CBN -- Drilon
Senate Minority Leader Franklin Drilon agreed on Monday that a people's initiative could help revive the operations of broadcast network ABS-CBN.
(Senate of the Philippines / FILE PHOTO / MANILA BULLETIN)
"The People’s Initiative is an available remedy," Drilon, a former Senate president and Justice secretary, said in a text message.
Calls for a people's initiative to grant ABS-CBN a franchise mounted after the House of Representative's legislative franchises committee denied on Friday the media giant's bid for a fresh, 25-year congressional license.
Contrary to statements from the Palace, Drilon said the Constitution and existing laws do not prohibit the people from enacting a franchise law.
"The Constitution...does not make any distinction on the kind of law that can be enacted directly by the people through a people’s initiative. Where the law does not distinguish, we should not distinguish," Drilon noted.
Still, he said Malacañang can raise the matter to the Supreme Court (SC) to delay the people’s initiative.
Senate President Vicente Sotto III, however, also doubted the move.
"I doubt if it's possible. A private bill is mandated by the Constitution to be exclusively under the House of Representatives...The proponents should first check on the Consti," the incumbent Senate chief said in a separate message.
Another "doubtful" issue, he added, is whether or not the Commission on Elections (Comelec) would have funds to hold the voting for such a move.
Despite his doubts, Sotto maintained that he will support the planned people's initiative. "If it's possible, I'll sign," he later said.
Drilon, meanwhile, acknowledged that the House or Representatives can no longer proceed with the plenary debates on ABS-CBN's franchise since the committee, in the words of congressmen, has essentially "killed" the network's application.
"There is a Rule in the House that bills that are not favorably endorsed by a standing committee cannot be debated and acted upon by the plenary. The Franchise Committee Report which disapproved the franchise application of ABS-CBN cannot, under this Rule, be referred to the entire House in a plenary session for approval or disapproval," he said.
"Under the Rules of the House, the majority in the Franchise Committee decides for the entire House," he added.
Article 6, Section 32 of the Constitution, the Congress shall "provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof."
Proposed laws initiated by the people would need at least 10 percent of voters and at least three percent of voters in every legislative district.
On Sunday, Presidential Spokesperson Harry Roque said that it will leave to the SC the questions on whether or not ABS-CBN could be granted a franchise thru a people's initiative, noting that the Constitution, as well as the Republic Act No. 7925, clearly stated that franchises should come from Congress.
Lawyer's groups that have initiated and agreed to the move, on the other hand, argued that the Republic Act No. 6735, or the "Initiative and Referendum Act of 1989 allows the people to initiate legislation that Congress will refuse to pass.
A Social Weather Stations survey this month found that 75 percent of Filipinos believed that Congress should renew ABS-CBN's franchise.