Metro Manila (CNN Philippines, February 27) — House Speaker Alan Peter Cayetano on Thursday stood by his move seeking the issuance of a provisional permit for ABS-CBN to continue operating pending the renewal of its franchise.
Cayetano said asking the National Telecommunications Commission to grant ABS-CBN provisional authority to operate while Conrgess has yet to decide on its franchise renewal bid is the “most unquestionable” step to take. Those who disagree could take the case to the Supreme Court, Cayetano said, adding that he is ready to face the consequences.
“Kung may makukulong sa ABS-CBN dahil nagbobroadcast sila habang naghihearing kami, sasamahan ko sila sa kulungan. Ikulong niyo na rin ako dahil ako nakapirma sa sulat e,” Cayetano said in a chance interview with reporters.
[Translation: If someone from ABS-CBN will be imprisoned for broadcasting while we are conducting a hearing, I will join them in jail. Put me in prison as well because I signed the letter.]
Cayetano concurred with the letter sent by House Committee on Legislative Franchises chair Franz Alvarez to the NTC on Wednesday. They enjoined the regulator to allow ABS-CBN to stay on air even after its franchise expires on May 4 until such time that the Congress decides on its application for another 25-year franchise. NTC Deputy Commissioner Edgardo Cabarios said they are now studying their response.
Illegal move?
In a separate media briefing on Thursday, Senator Panfilo “Ping” Lacson said the only way for ABS-CBN to keep its operations is to secure a congressional franchise, and anything other than that would violate the law.
Lacson said a case can be filed against NTC for usupration or unlawful use of authority if it allows ABS-CBN to operate beyond the expiration of its franchise.
“Wala akong nakikitang remedyo kapag walang (I do not see any other remedy without a) legislative franchise,” Lacson stressed. He agrees with former Chief Justice Renato Puno who believes a television station needs an exisiting license to operate – based on a 2003 Supreme Court decision.
Senate Minority Leader Franklin Drilon, however, told CNN Philippines that the ruling penned by Puno does not apply to ABS-CBN’s situation since the petitioner in the previous case, unlike the media giant, did not have an existing franchise or pending franchise application before Congress.
Justice Secretary Menardo Guevarra, in an opinion to the NTC said broadcast entities previously granted franchises are considered “qualified applicants” and can therefore be given provisional authority to operate while the bills for the renewal of their franchises remain pending with Congress.
There are 12 House bills seeking to renew ABS-CBN’s franchise, but all remain pending before the Committee on Legislative Franchises. Joint resolutions seeking to extend the Lopez-owned network’s existing franchise until 2022 have also been filed in the House, but Cayetano said he wants to prioritize other bills.
