Lawmakers are expected to vote on the application of ABS-CBN Corp. for a franchise extension as they wrap up the scrutiny of the Lopez-led media network that had been ordered shut since early May.
Franz E. Alvarez, chairman of the House legislative franchises committee, said a technical working group would be formed to study and draft recommendations on ABS-CBN’s application to be presented to lawmakers on Friday afternoon.
During Thursday’s joint hearing of the House committees on legislative franchises, and good government and public accountability, a summary of points from the past 12 hearings was presented.
Deputy Minority Leader and Bayan Muna Rep. Carlos Isagani T. Zarate urged the members of the joint committees to grant ABS-CBN’s franchise application.
“Bigyan po natin ng isa pang pagkakataon na makapaglingkod ang ABS[-CBN] sa ating mamamayan at sa ating bayan. I-renew po natin ang kanilang prangkisa,” he said during the joint meeting.
(Let’s give ABS-CBN another chance to serve our people and our country. Let’s renew their franchise.)
He also pointed out various government agencies that cleared ABS-CBN of alleged violations in the past hearings.
On the issue of the citizenship of ABS-CBN Chairman Emeritus Eugenio “Gabby”L. Lopez III, Mr. Zarate quoted Department of Justice (DoJ) Assistant Secretary Nicholas Felix L. Ty who said: “From a legal perspective, it appears that there’s no distinction made between pure Filipino and dual citizens when it comes to participation on these activities.”
Mr. Zarate also cited Ephyro Luis B. Amatong, commissioner at the Securities and Exchange Commission (SEC), who said: “Our interpretation of the dual citizenship law has been similar to that of the Department of Justice, a dual citizen is 100% Filipino.”
On the issue of ABS-CBN’s alleged tax evasion, Mr. Zarate quoted Manuel V. Mapoy, Bureau of Internal Revenue commissioner for large taxpayers service, who said that ABS-CBN regularly paid taxes for the past years.
“Ang total payment po ng ABS-CBN from 2016 to 2019 ay inabot ng P15,382,423,364.16 (ABS-CBN’s total payment from 2016 to 2019 reached P15,382,423,364.16).”
Mr. Zarate also mentioned that the Department of Labor and Employment had affirmed that ABS-CBN cooperates in the process of clearing labor cases and that it abides by the law.
He said the Presidential Commission on Good Government, the Regional Trial Court and the Supreme Court had said that ABS-CBN should rightfully be given back to the Lopez family after Martial Law.
Moreover, Mr. Zarate said the Commission on Elections cleared ABS-CBN of any violation of election laws.
On the other hand, Sagip Rep. Rodante D. Marcoleta presented arguments opposing the grant of ABS-CBN’s franchise application.
“It must be emphasized that contrary to ABS-CBN’s submission, it is not the view of the SEC that matters here. It is not the opinion of the DoJ that will prevail, not even the BI (Bureau of Immigration) or other agencies. It is the will of Congress that should be accorded due respect.” he said.
On the issue of Mr. Lopez’s citizenship, the deputy speaker showed an immigration bureau notation that stated: “There is no proof of Filipino citizenship of his mother at the time of his (applicant’s) birth on 13 Aug. 1952. Allegedly his mother is also deceased.”
Mr. Marcoleta reiterated Section 11, Article 16 of the 1987 Constitution, which provides that: “The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.”
He insisted that the sale of Philippine Depository Receipts (PDRs) opened foreign ownership to the network.
Mr. Marcoleta also said that the National Telecommunications Commission (NTC) had confirmed that “ABS-CBN had no authority to encrypt or lock from the non-paying public its TV Plus Box channels, which are clearly only ‘free-to-air’ under its legislative franchise.”
He also raised ABS-CBN’s arrangement with Amcara Broadcasting Network. “Amcara has no shows of its own. It has no other client except ABS-CBN. This is usufruct, not block-timing,” he said.
He claimed that the network had doubtful title to its properties and reiterated the network’s supposed tax avoidance schemes through Big Dipper Digital Content and Design, Inc.
Mr. Marcoleta brought up the labor cases filed against ABS-CBN, and its alleged biased reporting. “It has been established and has become public knowledge that ABS-CBN aired the anti-Duterte ad paid for by ex-senator Antonio Trillianes IV,” he said.
Meanwhile, House Speaker Alan Peter S. Cayetano said the company’s franchise issue comes with a bigger picture beyond merely giving a franchise to a private company.
“Whatever the outcome of these hearings, I am satisfied [that] what we have heard can be the basis of a legal and morally sound decision.” — Patricia S. Gajitos
