Malacañang acknowledged on Tuesday the services of broadcast giant ABS-CBN to the Philippines as the National Telecommunications Commission (NTC) ordered the company to stop its broadcast operations for lack of a valid franchise.
READ: Statement on the Cease and Desist order issued by the NTC to ABS-CBN
The NTC on Tuesday ordered the media giant to “cease and desist” from broadcasting on television and radio, a day after the company’s 25-year operating franchise expired. NTC said the order is immediately executory.
"We thank the network for its services to the Filipino nation and people especially in this time of COVID-19," Presidential Spokesman Harry Roque said in a statement.
"But in the absence of a legislative franchise, as we have earlier said, ABS-CBN’s continued operation is entirely with the NTC’s decision," he said.
The Palace also said the media giant is free to exhaust all legal remedies available to it.
Roque said President Rodrigo Duterte has already accepted the network’s apology so he was leaving the matter to Congress.
The NTC is tasked with regulating and supervising radio and television broadcast stations.
The "cease and desist" order comes even as Congress leaders favor the continuing operation of ABS-CBN, as lawmakers maintained they have the sole power to act on broadcast franchises.
Senators condemned the NTC order for ABS-CBN to stop its radio and TV broadcast operations. Senate Minority Leader Franklin Drilon said the Supreme Court had said a provisional authority can be issued where an application for renewal of is pending.
READ: NTC orders ABS-CBN to stop operations
He also said the Secretary of Justice himself said that with the concurrence of the two chambers of Congress, and with the matter pending, the NTC can issue a provisional authority.
“The Court never barred the NTC from issuing temporary permits to operate. It merely said that the broadcaster cannot completely do away with the requirement to apply for a franchise, as provided under the law,” Drilon said.
Meanwhile, NTC officials will be summoned to the House of Representatives as it "negated" the constitutional power of Congress in ordering ABS-CBN to stop its broadcast operations, a lawmaker said Tuesday.
The House Committee on Legislative Franchises will issue a "show-cause order" to the NTC to explain the order, Isabela 1st District Rep. Antonio Albano, vice-chair of the committee, told radio DZMM.
Earlier, Justice Secretary Menardo Guevarra said there is enough basis to allow ABS-CBN to continue operating while waiting for the renewal of its franchise.
Senator Francis Pangilinan echoed Drilon’s assertion about grave abuse of discretion. He also cited Guevarra’s pronouncement that the NTC could have issued a provisional authority. Macon Ramos-Araneta and Maricel V. Cruz
“The NTC action is highly irregular as it has issued hundreds of provisional authorities to other broadcasting companies pending the approval by Congress of their franchise. Singling out ABS-CBN is grave abuse of discretion,” said Pangilinan. “We condemn this arbitrary exercise of governmental power.”
“This is stupidity. In the middle of a pandemic, would this be the focus of our government? 2.2 million Filipinos lost their jobs due tot COVID-19 pandemic and quarantine,” he said.
H also noted that stopping ABS-CBN’s operation would cut the income of another 11,000 employees. He said ABS-CBN should bring the matter before the Supreme Court.
READ: Palace: ABS-CBN franchise up to NTC
Senator Juan Edgardo Angara added: “This is a time when we need reliable information and we decide to shutdown one of the sources of information.”
Senator Risa Hontiveros said the NTC move was ill-timed and insensitive to the needs of the public.
“The delivery of timely and correct information is essential to our COVID-19 response. This shutdown order goes against public welfare,” she said.
“Both we in the Senate and our counterparts in the House expressed our view that nothing should prevent the NTC from issuing a provisional authority to ABS-CBN until the issue of renewal or nonrenewal is settled by Congress. Even the Justice secretary in a hearing proposed and confirmed a similar course of action. We need more, not fewer voices of responsible media and press…., especially during a pandemic.
Senate Majority Leader Juan Miguel Zubiri described as “irregular and improper” the NTC move, saying many broadcast corporations are operating on provisional authority.
“It's very clear that the NTC may give provisional authority to those applying for franchises,” he said.
He also said ABS-CBN should go to the Supreme Court because they could cite many instances where NTC gave provisional authority to others.
Senator Panfilo Lacson stressed the existing franchise of the giant network can be extended through a joint or separate resolution, which can be approved by any of the two houses of Congress.
“While a franchise renewal or approval rests on the Congress by way of legislation, subject to the concurrence or veto by the President, an extension of the existing franchise by way of a joint or separate resolutions adopted by either or both houses of Congress has no existing jurisprudence as far as I know,” said Lacson.
Senate President Pro Tempore Ralph Recto said it was within the NTC’s power to grant ABS-CBN a provisional authority.
"That issue has been settled during our hearings. I expect the NTC to allow [ABS-CBN] to continue to operate until Congress makes a final decision regarding franchise within this Congress," Recto said.
Before it adjourned in March, the Senate had approved a resolution intending to grant a provisional permit to ABS-CBN to continue its operation.
Senator Grace Poe said it was within the power of Congress to renew ABS-CBN’s franchise.
“I don’t think there’s a problem with us solving this issue,” she said.
Senator Christopher Go said the renewal of ABS-CBN’s franchise was now with the House of Representatives, where a bill seeking renewal is pending.
“Now that session has already resumed, I am urging the House of Representatives to act on this matter with due haste,” he said.
Agusan del Norte Rep. Lawrence Fortun blasted the NTC cease and desist order against the ABS-CBN.
"The National Telecommunications Commission has chosen to blatantly disregard the constitutional authority and prerogative of Congress on legislative franchises," said Fortun, a member for the House minority.
Fortun, one of the authors of House Resolution 639 supporting the franchise renewal of ABS-CBN, said: "NTC is effectively in contempt of Congress at this point" with its cease and desist order against the broadcasting network.
"This is a grave affront to both Houses of Congress where the NTC appeared in separate hearings and made a clear commitment to issue a provisional authority if there is clear and categorical advice from us of our intent to allow provisional operation pending renewal of the subject franchises," he said.
"This will go down in history as the worst action of this agency in gross and wanton disregard of the express intent of Congress, its impact on press freedom and the plight of thousands of workers especially in this time of great crisis," he added.
Fortun said the NTC must appear before Congress during Question Hour. "If they refuse to attend, Congress has the power to subpoena them. If they disregard the subpoena of Congress, they can be compelled to attend Question Hour.
"I implore upon the NTC to reconsider their action. There is still time for them to take it back. If they do not then they risk wrath of the fire and brimstone kind," he added.
Albay Rep. Joey Saleda said he was saddened by the decision of the NTC, and said it was a warning to Congress that if it does not do its job, the executive department would step in to fill the void.
Salceda said it is the exclusive jurisdiction of Congress to determine whether a broadcast network should be granted the privilege to operate, and whether that privilege should remain.
"The question is under deliberation by Congress, so closing the network by ministerial action preempts us from doing our jobs. Considering that Congress is busy with much more pressing matters, such as coming up with an economic recovery plan to protect jobs and families from Covid-19, this is a distraction," Salceda said.
He urged NTC and other regulatory agencies not to preempt Congress in performing its mandate.
“Our timelines for tackling ABS-CBN’s franchise changed because the country’s priorities changed, but it does not mean we are abandoning the discussion,” he said.
“The NTC should not have abandoned its prior commitment to Congress to allow ABS-CBN, in the interim, to operate, in deference to the supreme authority of Congress to decide the question of ABS-CBN’s continued operation."
Salceda also said: "Amid the COVID Crisis and heightened economic uncertainty, business confidence is very low. Let’s not rock the boat when the waves are rough, especially when all of us are in that boat."
Before the NTC order, Palawan Rep. Franz Alvarez said if the NTC succumbed to the pressure from the Solicitor General and disregards the commitments it gave under oath, the House could call NTC officials and demand that they explain why they should not be held in contempt.
“We would like to make it clear that Congress takes this matter very seriously, as it directly challenges our exclusive constitutional authority to grant, deny, extend, revoke or modify broadcast franchises,” he said.
READ: #NoDeadAir: Resist all assaults on freedom of the press and expression