Few days back, there was this announcement as regards a “landmark partnership deal” between ABS-CBN and TV5—immediately welcomed by some consumer groups and one cautious member of the Senate.
Senator Raffy Tulfo, a former broadcaster, told ANC’s “Headstart” that the Lopez-led ABS-CBN and Manny Pangilinan-led TV5, by joining forces, are set to offer high-quality entertainment and news programs, but quickly added, “If there is a violation, then it’s a different story, it’s a different ballgame.”
Quick on the draw, members of the House of Representatives sought to investigate whether the merger has led to violations.
First, Zamboanga Sibugay 1st District Rep. Wilter Palma filed House Resolution 280 to check on the supposed foreign ownership of TV5, popularly regarded to be owned by tycoon Manny V. Pangilinan, who, some keen media observers say, is fronting for an overseas tycoon.
According to the resolution, “If this allegation that TV5 Network Inc. is owned by an Indonesian national is true, then there is a clear violation of the 1987 Constitution, and on terms and conditions of the franchise granted to TV5 Network Inc., which must be thoroughly looked into in the interest of the public.”
Meanwhile, two other House Resolutions—HR 281 and HR 282—are disputing why certain programs of ABS-CBN, which stopped operations after being given a cease-and-desist order in May 2020, are being allowed to air on TV5.
Authored by Rep. Jose Teves, HR 282 reads: “Given the possible violations committed by these networks, there is a need to determine whether their legislative franchises are being implemented and carried out in accordance with the intent of Congress and whether or not they should be amended, altered, or repealed by Congress in the interest of the public.”
ABS-CBN has acquired 34.99 percent of total voting and outstanding capital in TV5, paying a sum of P2.16 billion in the deal.
We have yet to hear what happened during the briefing called by the House of Representatives Committee on Legislative Franchises on the reported agreement between ABS-CBN Corp. and TV5 Network Inc.
Earlier on, SAGIP party-list Rep. Rodante Marcoleta delivered a privilege speech questioning the deal as illegal, stressing the agreement between the two broadcasting networks violates laws and the 1987 Constitution.
Marcoleta said TV5 violated Section 10 of its broadcasting franchise by entering an agreement with ABS-CBN, which bought common shares in TV5 worth P2.16 billion.
MediaQuest Holdings, the media arm of the MVP Group, still has the controlling stake in TV5 at 64.79 percent.
Section 11 (1) of the 1987 Philippine Constitution says: “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.”
Paragraph 2 adds: “The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.”
As things develop, we are reminded of Alice’s Adventures in Wonderland where Alice—as quoted by English author Charles Lutwidge Dodgson—was surprised by the strange circumstances she found herself in and exclaimed things were getting “curiouser and curiouser.”
Indeed, as the Opening Bill Board—to use a television lexicon—is being prepared, things are getting increasingly strange.