Metro Manila (CNN Philippines, May 19) — Instead of deliberating on a provisional permit for ABS-CBN, Congress should work on giving the embattled media giant a fresh 25-year franchise, former Senate President Juan Ponce Enrile said.
Enrile was among the resource persons at the Senate Committee on Public Services hearing on the pending bills granting a provisional franchise to the media giant, which has been off the air since May 5.
“There has to be a certain degree of permanence of any legislative actions. If Congress can grant a temporary franchise, what is the compelling reason for Congress not to grant a permanent franchise with a reasonable period for 25 years?” he said in the hearing.
The House of Representatives is now pushing for the passage of ABS-CBN’s provisional franchise valid until October 31, after receiving flak for sitting on bills giving the media company a new franchise to continue its broadcast operations.
House leaders have said they needed more time to deliberate on the granting of another 25-year franchise. Once the measure is passed on second and third readings, the House-approved bill would be sent to the Senate for its consideration.
But Enrile said lawmakers should focus their energy on passing a legislative franchise, instead of a provisional one. He questioned the constitutionality of giving a temporary authority for ABS-CBN to continue its radio and television operations despite the expiration of its franchise on May 4.
Lawmakers have repeatedly said they are working to fasttrack the approval of the bill granting a temporary franchise to ABS-CBN as one of the Philippines’ biggest broadcast networks is crucial in news reporting, especially during the COVID-19 crisis. But Enrile said there is no need to rush as there are radio stations that can deliver the news to far-flung areas.
“My god, the nooks and corners of this republic is reached, not by television, but by radio… The question of communication and information is not the issue. The issue here is we must comply with the Constitution, we must comply with the laws. Huwag naman parang linalaro ang Saligang Batas natin,” he added.
Despite Enrile’s “doubts” on the constitutionality of granting a provisional franchise, both former Supreme Court Chief Justice Reynato Puno and San Beda University Graduate School of Law Dean Father Ranhilio Aquino agree that it is within the jurisdiction of Congress.
“The length of the provisional franchise is left to the discretion of the Congress. That is perfectly allowed by the Constitution. The exercise of that power is on the wisdom of the Congress,” Puno said.
Aquino added Congress may grant a provisional franchise that can last for days or weeks, as long as it does not exceed the constitutional limit of 50 years.
The House of Representatives on Monday recalled the approval on second reading of a bill granting ABS-CBN a provisional franchise until October this year as some members said it was unconstitutional.
The lower house convened as a Committee of the Whole and the plenary passed the measure on second reading on May 13. Some lawmakers, however, noted that this could be unconstitutional as the charter requires that bills be passed after three readings on separate days.
Senators said it will wait for House to transmit the final approved bill from the lower House before they formally deliberate on the issue.
ABS-CBN is banking on the grant of a provisional franchise to resume airing on free TV and radio stations. It was forced to shut down on May 5 to comply with a cease and desist order from the NTC as its franchise expired.
The media giant has since appealed to the Supreme Court to temporarily stop the implementation of the NTC order, citing income losses ranging from ₱30 million to ₱35 million every day that it is off the air, as well as possible job losses for its 11,000 workers.
ABS-CBN Corporation’s shares slid 7.2 percent after it resumed trading almost two weeks after the shutdown.
