By Mario Casayuran
If it is absolutely necessary to extend the existing franchise of ABS-CBN to give more time to Congress to act on its renewal, such an extension must follow the legislative process for enacting franchise bills as provided in the Constitution, Sen. Christopher “Bong” Go said late Wednesday night.
Go made the remark after a bill was filed in the Senate by Sen. Ramon “Bong” Revilla Jr. that seeks to amend a law to extend the franchise of ABS-CBN network until Dec. 31 this year. The current ABS-CBN franchise ends May 4.
Senator Christopher Lawrence “Bong” Go (MALACAÑANG PHOTO / MANILA BULLETIN)
Revilla’s Senate Bill (SB) No. 1374 seeks to amend Republic Act (RA) No. 7966, the ABS-CBN congressional franchise law.
“Kaya tayo nag-file ng bill (The reason we filed this bill) extending the franchise to the end of the year, to give time for Congress to finish our job na hindi nanganganib ang trabaho ng mahigit sa 11,000 manggagawa (without endangering the jobs of more than 11,000 workers),” Revilla, vice chairman of the Senate public services committee, said.
House of Representatives Speaker Alan Peter S. Cayetano and other House leaders reminded senators that discussing issues related to ABS-CBN networks and franchise without first receiving a House report on the franchise renewal would violate their inter-parliamentary courtesy.
They said this after Sen. Grace Poe, chairperson of the Senate public services committee, conducted a public hearing on the matter.
Joint resolution ‘unnecessary’
Go also said the joint resolution filed by Senate Minority Floor Leader Franklin M. Drilon seeking to extend the legislative franchise of ABS-CBN to December 2022 is “unnecessary” and called on his fellow lawmakers to decide instead whether to approve or deny the renewal of the franchise.
“There are existing laws, there is that franchise which Congress must discuss and decide whether to renew it or not,” he said.
Although not a lawyer, Go explained that a resolution does not have the force and effect of a law.
Consequently, joint resolutions cannot amend an existing law. In the case of Ang Nars Party-list vs. Executive Secretary, the Supreme Court (SC) ruled that an amendment to a law cannot be done through a mere joint resolution.
“Mas priority ko po ngayon na idinig na ang franchise bill. You approve sa Lower House o i-deny. If you approve, padala na ninyo dito sa Senado and we will vote dito,” he said. (It’s more of a priority for me now to hear the franchise bill. You in the Lower House will approve or deny it. If you approve, transmit it to the Senate and we will vote on it here.)
Three points against a resolution
Go stressed three points related to his objection to the proposal extending ABS-CBN’s existing franchise through a resolution.
“First, nobody says that the ABS-CBN will go off the air after the expiration of its franchise. The NTC (National Telecommunications Commission), DOJ (Department of Justice), House of Representatives, and even the Senate President said that a provisional authority to air can be granted while the franchise bill is pending in Congress.
“There is a precedent. There is a basis in case a network will continue operation while the renewal of the franchise is pending. Take the case of the CBCP (Catholic Bishops' Conference of the Philippines)...Their operation was not cut.
“Lastly,” Go said, “the House of Representatives is in the process of hearing the franchise bill at the committee on legislative franchises. The House committee is asking all parties to submit position papers and will review them in preparation for a public hearing.’’
The House of Representatives through the committee on legislative franchises has also sent a letter to the NTC to express their sentiments that a provisional authority be granted to ABS-CBN while the renewal of its franchise is pending in Congress.
‘The soonest possible’
Go reiterated his call to lawmakers to urgently act on the measure and settle the issue regarding ABS-CBN’s franchise.
“As a senator, I want the ABS-CBN issue settled the soonest possible. Delaying it will only allow politics to come in. Either the Lower House will grant or deny the franchise renewal. If it decides to grant it and the bill will be forwarded to the Senate, then I will study and vote according to my conscience and my conscience will always consider the interest of the Filipino people,” Go said.
On Drilon’s two resolutions
Go also said that the joint resolution earlier filed by Drilon appears politicized, if its intent is to extend the franchise to December 2022.
Aside from filing the joint resolution on Feb. 17, Drilon also filed on Feb. 26 a concurrent resolution urging the NTC to grant ABS-CBN a provisional authority to continue its operations after the expiration of its franchise.
“I have no objection this concurrent resolution because members of the Senate have the right to express their sentiments to urge the NTC to grant a provisional authority while the renewal of the franchise of ABS-CBN is pending in congress.
“In fact, the House of Representatives has already written to NTC to grant the ABS-CBN (the provisional authority),” Go said, explaining his stand on the two different resolutions filed by Drilon.
Senator Christopher Lawrence “Bong” Go (MALACAÑANG PHOTO / MANILA BULLETIN)
Revilla’s Senate Bill (SB) No. 1374 seeks to amend Republic Act (RA) No. 7966, the ABS-CBN congressional franchise law.
“Kaya tayo nag-file ng bill (The reason we filed this bill) extending the franchise to the end of the year, to give time for Congress to finish our job na hindi nanganganib ang trabaho ng mahigit sa 11,000 manggagawa (without endangering the jobs of more than 11,000 workers),” Revilla, vice chairman of the Senate public services committee, said.
House of Representatives Speaker Alan Peter S. Cayetano and other House leaders reminded senators that discussing issues related to ABS-CBN networks and franchise without first receiving a House report on the franchise renewal would violate their inter-parliamentary courtesy.
They said this after Sen. Grace Poe, chairperson of the Senate public services committee, conducted a public hearing on the matter.
Joint resolution ‘unnecessary’
Go also said the joint resolution filed by Senate Minority Floor Leader Franklin M. Drilon seeking to extend the legislative franchise of ABS-CBN to December 2022 is “unnecessary” and called on his fellow lawmakers to decide instead whether to approve or deny the renewal of the franchise.
“There are existing laws, there is that franchise which Congress must discuss and decide whether to renew it or not,” he said.
Although not a lawyer, Go explained that a resolution does not have the force and effect of a law.
Consequently, joint resolutions cannot amend an existing law. In the case of Ang Nars Party-list vs. Executive Secretary, the Supreme Court (SC) ruled that an amendment to a law cannot be done through a mere joint resolution.
“Mas priority ko po ngayon na idinig na ang franchise bill. You approve sa Lower House o i-deny. If you approve, padala na ninyo dito sa Senado and we will vote dito,” he said. (It’s more of a priority for me now to hear the franchise bill. You in the Lower House will approve or deny it. If you approve, transmit it to the Senate and we will vote on it here.)
Three points against a resolution
Go stressed three points related to his objection to the proposal extending ABS-CBN’s existing franchise through a resolution.
“First, nobody says that the ABS-CBN will go off the air after the expiration of its franchise. The NTC (National Telecommunications Commission), DOJ (Department of Justice), House of Representatives, and even the Senate President said that a provisional authority to air can be granted while the franchise bill is pending in Congress.
“There is a precedent. There is a basis in case a network will continue operation while the renewal of the franchise is pending. Take the case of the CBCP (Catholic Bishops' Conference of the Philippines)...Their operation was not cut.
“Lastly,” Go said, “the House of Representatives is in the process of hearing the franchise bill at the committee on legislative franchises. The House committee is asking all parties to submit position papers and will review them in preparation for a public hearing.’’
The House of Representatives through the committee on legislative franchises has also sent a letter to the NTC to express their sentiments that a provisional authority be granted to ABS-CBN while the renewal of its franchise is pending in Congress.
‘The soonest possible’
Go reiterated his call to lawmakers to urgently act on the measure and settle the issue regarding ABS-CBN’s franchise.
“As a senator, I want the ABS-CBN issue settled the soonest possible. Delaying it will only allow politics to come in. Either the Lower House will grant or deny the franchise renewal. If it decides to grant it and the bill will be forwarded to the Senate, then I will study and vote according to my conscience and my conscience will always consider the interest of the Filipino people,” Go said.
On Drilon’s two resolutions
Go also said that the joint resolution earlier filed by Drilon appears politicized, if its intent is to extend the franchise to December 2022.
Aside from filing the joint resolution on Feb. 17, Drilon also filed on Feb. 26 a concurrent resolution urging the NTC to grant ABS-CBN a provisional authority to continue its operations after the expiration of its franchise.
“I have no objection this concurrent resolution because members of the Senate have the right to express their sentiments to urge the NTC to grant a provisional authority while the renewal of the franchise of ABS-CBN is pending in congress.
“In fact, the House of Representatives has already written to NTC to grant the ABS-CBN (the provisional authority),” Go said, explaining his stand on the two different resolutions filed by Drilon.