- ABS-CBN’s franchise will expire on May 4.
- House of Representatives and Senat are ready to pass resolutions asking NTC to issue a provisional permit to ABS-CBN.
Top legal luminaries of the country have joined the increasing voices on the ABS-CBN franchise issue.
Two former Supreme Court Chief Justices Artemio Panganiban and Reynato Puno said ABS-CBN can continue to operate even if its franchise lapsed on May 4.
In a separate interview, the two former CJs opined that a provisional permit from the National Telecommunications Commission (NTC) will be sufficient for the Kapamilya network not to cease its operations.
In an interview with Karen Davila on ANC, Panganiban said it’s not ABS-CBN’s fault if their franchise renewal application is stuck in congress.
“Hindi naman kasalanan ng ABS-[CBN]. Nagawa na ang lahat ng dapat gawin, lahat ng requirements nandiyan na. Hindi kasalanan ng ABS-CBN na wala pa silang franchise,” said Panganiban.
Panganiban refuted earlier opinions of two former justices who said ABS-CBN won’t be able to continue operations based on the 2003 supreme court decision on the case of Associated Communications and Wireless Services versus NTC.
Panganiban said ACWS was different from ABS-CBN because the former has no existing franchise at that time.
“Every decision is good only in accordance with its factual background. Kung hindi po pareho ang factual background, hindi po pareho ang desisyon,” Panganiban explained.
Ex-CJ Puno, on the other hand, has changed his stand saying ABS-CBN can now continue operating with the use of a provisional permit.
https://www.youtube.com/watch?v=v8wXYIeSbSI
In his latest interview with DZMM’s Anthony Taberna, the former chief magistrate said while the franchise bills are being heard in congress, the media giant can continue its operation using the power of the provisional permit granted by congress to NTC.
“In between na pinag-uusapan ng Kongreso kung iga-grant o ide-deny ‘yong franchise ay puwede namang mag-operate ‘yong company kung bibigyan ng Kongreso ng provisional permit,” Puno said.
“‘Yong question ng provisional authority, hindi napakahirap ‘yon eh. Hindi naman kailangan mag-conduct ng maraming public hearing. Public hearing do’n sa main question whether Congress would grant or deny the franchise,” Puno added.
Puno in his earlier statement said ABS-CBN cannot continue operating if they cannot secure the renewal of their franchise. His earlier statement was concurred by former Supreme Court Associate Justice Angelina Sandoval-Guttierez.
“We were unanimous in holding that there is [a] need for a franchise before the NTC can grant a provisional permit. Without a franchise, the television station concerned has to cease operations,” said Puno based on the 2003 decision which he personally penned.
“They (ABS-CBN) cannot (operate) because of that decision by the Supreme Court and the laws we have, particularly R.A. 7925,” he added.
“An expired franchise can’t be extended by a mere Joint Resolution by both houses. There should be a law granting a new franchise,” said retired justice Sandoval-Gutierrez in a message to Rappler.
Sandoval-Guttierez also referred to the 2003 case of ACWS.
ABS-CBN’s franchise is due to expire on May 4, 2020. Currently, there are 11 bills pending at the Committee on Legislative Franchises in House of Representatives.
Both houses of congress are currently mulling on passing a joint resolution asking NTC to grant ABS-CBN a provisional permit to operate.
