Calida told to let Congress handle ABS-CBN issue
Published Jan 17, 2020 12:00 am
By Ellson Quismorio
Let Congress do its job regarding the ABS-CBN franchise issue.
This, in a nutshell, was Cagayan de Oro City 2nd district Rep. Rufus Rodriguez's message to Solicitor General Jose Calida amid reports that the latter was planning to file cases against the TV network giant before the Supreme Court (SC).
Solicitor Genral Jose C. Calida (MANILA BULLETIN FILE PHOTO)
In particular, Calida reportedly intends to charge ABS-CBN for alleged violations of its broadcasting franchise, which expires in about two months, or on March 30, 2020.
Rodriguez said that if Calida pushes through with his plan, he would be “disrespecting and denying due courtesy to Congress.”
He said that under the Constitution, the grant of franchises to broadcasting entities is lodged exclusively in Congress, referring to both the House of Representatives and the Senate.
"The solicitor general cannot frustrate and remove such power by filing a quo warranto case. Furthermore, bills, including Bill 5705, have been filed in the House extending the ABS-CBN franchise. Let congress do its job by hearings these bills,” stressed Rodriguez, author of the HB 5705.
The measure is one of around half a dozen filed bills calling for the 25-year extension of the company's franchise. They are pending before the House Committee on Legislative Franchises, chaired by Palawan first district Rep. Franz Alvarez.
If Calida files a quo warranto case against the network with the SC, it would “be seen as the government’s harassment of ABS-CBN and certainly a clear assault on press freedom as enshrined in our Constitution," Rodriguez said.
"This will likewise encroach on the powers of the legislative branch and will violate the constitutional doctrine of the separation of powers among the legislative, executive and judicial branches of government,” added the chairman of the Committee on Constitutional Amendments.
Moreover, Rodriguez said under Section 9, Rule 66 of the Rules of Court, a respondent in quo warranto proceedings “will be ousted and/or excluded from holding or exercising a franchise if he is usurping, intruding into or unlawfully holding/exercising a francise.”
"ABS-CBN is a holder of a valid franchise,” the lawyer-congressman pointed out.
Rodriguez further advised Calida to "file any complaint he has against broadcasting giant ABS-CBN with the House of Representatives."
The belief is that the Legislative Franchise panel doesn't want to act on the pending bills regarding the Lopez-owned company because President Rodrigo Duterte has been very public about his disdain for the network.
This stemmed from ABS-CBN's alleged refusal to run his political advertisements during the 2016 presidential election campaign. Then-Davao City mayor Duterte still won the presidential race in landslide fashion.
The 300-strong House is teeming with Duterte's allies, and, based on the numbers game, any measure that doesn't have the Palace's blessing has zero chance of prospering.
Solicitor Genral Jose C. Calida (MANILA BULLETIN FILE PHOTO)
In particular, Calida reportedly intends to charge ABS-CBN for alleged violations of its broadcasting franchise, which expires in about two months, or on March 30, 2020.
Rodriguez said that if Calida pushes through with his plan, he would be “disrespecting and denying due courtesy to Congress.”
He said that under the Constitution, the grant of franchises to broadcasting entities is lodged exclusively in Congress, referring to both the House of Representatives and the Senate.
"The solicitor general cannot frustrate and remove such power by filing a quo warranto case. Furthermore, bills, including Bill 5705, have been filed in the House extending the ABS-CBN franchise. Let congress do its job by hearings these bills,” stressed Rodriguez, author of the HB 5705.
The measure is one of around half a dozen filed bills calling for the 25-year extension of the company's franchise. They are pending before the House Committee on Legislative Franchises, chaired by Palawan first district Rep. Franz Alvarez.
If Calida files a quo warranto case against the network with the SC, it would “be seen as the government’s harassment of ABS-CBN and certainly a clear assault on press freedom as enshrined in our Constitution," Rodriguez said.
"This will likewise encroach on the powers of the legislative branch and will violate the constitutional doctrine of the separation of powers among the legislative, executive and judicial branches of government,” added the chairman of the Committee on Constitutional Amendments.
Moreover, Rodriguez said under Section 9, Rule 66 of the Rules of Court, a respondent in quo warranto proceedings “will be ousted and/or excluded from holding or exercising a franchise if he is usurping, intruding into or unlawfully holding/exercising a francise.”
"ABS-CBN is a holder of a valid franchise,” the lawyer-congressman pointed out.
Rodriguez further advised Calida to "file any complaint he has against broadcasting giant ABS-CBN with the House of Representatives."
The belief is that the Legislative Franchise panel doesn't want to act on the pending bills regarding the Lopez-owned company because President Rodrigo Duterte has been very public about his disdain for the network.
This stemmed from ABS-CBN's alleged refusal to run his political advertisements during the 2016 presidential election campaign. Then-Davao City mayor Duterte still won the presidential race in landslide fashion.
The 300-strong House is teeming with Duterte's allies, and, based on the numbers game, any measure that doesn't have the Palace's blessing has zero chance of prospering.