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I have heard -- disappointingly -- some people saying that ABS-CBN deserved to lose its franchise because of its violations.
Let's go through the arguments (which are also in the Congressional Technical Working Group [TWG] paper, which I read in whole): [a thread]
Let's go through the arguments (which are also in the Congressional Technical Working Group [TWG] paper, which I read in whole): [a thread]
1) Nationality of Gabby Lopez -- the DOJ ( https://newsinfo.inquirer.net/1290020/pdr-holders-do-not-have-rights-of-ownership-in-abs-cbn-broadcasting-legal-counsel-explains) admitted that he is Filipino.
Unless Congress magically amended the dual citizenship law, there is no prohibition against dual citizens exercising rights of natural born citizens, as to franchises. (See, Sec. 5 of R.A. 9225 https://lawphil.net/statutes/repacts/ra2003/ra_9225_2003.html)
2) Philippine Depositary Receipts -- SEC approved the structure where PDR holders also have no voting and ownership rights, so there’s no violation of the Constitution limitation. (see: explanation of Dean Cynthia del Castillo -- http://newsinfo.inquirer.net/1290020/pdr-holders-do-not-have-rights-of-ownership-in-abs-cbn-broadcasting-legal-counsel-explains)
3) Black box service -- NTC itself said there's no violation here. “The NTC explained that in digital television, broadcasting companies are entitled to a frequency of 6 megahertz, allowing them to broadcast up to six programs in one frequency.” (source: https://www.cnnphilippines.com/news/2020/6/29/NTC-no-violation-ABS-CBN-TV-Plus-.html)
4) Taxes -- BIR said ABS-CBN has no tax liabilities. (“BIR Deputy Commissioner Arnel Guballa told reporters on Tuesday that ABS-CBN has no pending tax issue with the agency.” Source: https://www.msn.com/en-ph/money/topstories/bir-abs-cbn-has-no-tax-liabilities/ar-BB106M7G)
The TWG just stated that the government was not able to collect as much taxes as it could have from ABS-CBN because of legal loopholes (“Avoiding tax and bending the rules of the tax system is not illegal unlike tax evasion”). Note, the TWG paper admitted that these are legal.
5) Labor -- This seems to be an admitted weakness in ABS-CBN's case. But this is discussed further below.
Now to put these into perspective --
Now to put these into perspective --
First: clearly, the Congress deems itself more capable than ALL the specialized government agencies tasked to handle these specific concerns, which have cleared ABS-CBN of its supposed violations. This is a problem.
Obviously, Congressional inquiries do not afford the same rights and rigor as quasi-judicial proceedings or technical/administrative hearings. Plus concerns on the separation of powers.
Second: assuming (without conceding) there are violations, is non-renewal the remedy? For labor violations, pwede naman to file a complaint in the DOLE (the TWG paper cites 60-something cases). If so, then hold ABS-CBN liable. Same with the other supposed violations.
There are other forms of redress apart from the "death sentence" of killing a franchise. Why go to the extreme?
There’s something sinister about deeming the best solution to ABS-CBN’s contractualization practices as having 11,000 people lose their livelihood and then to tell them to look for jobs in the middle of a pandemic. ( https://www.rappler.com/nation/266143-dela-rosa-advice-abs-cbn-workers-july-2020)
So it boils down to Congress having the ultimate prerogative to decide whether to grant a franchise. We must trust our representatives to make the proper decision. But Malacanang has -- since 2017 -- made transparent threats against its perceived "enemy." (So vote wisely.)
Last: the TWG paper, defensively, states that "[by] no means can this franchise application be related to press freedom."
But it contradicts itself in its last point, which has the following headers:
a) "biased reporting"
b) "inappropriate program content" (“ABS-CBN’s attention was called to TV shows that do not preserve Filipino cultural values and morality.” Gross.)
c) "meddling in politics"
a) "biased reporting"
b) "inappropriate program content" (“ABS-CBN’s attention was called to TV shows that do not preserve Filipino cultural values and morality.” Gross.)
c) "meddling in politics"
...all of which discuss the content of ABS-CBN's news and entertainment programs. "No way related to press freedom" ba talaga? /end
