"The Lopez clan harbored the illusion that Duterte did not have the nerve to close their network."
"The Lopez clan harbored the illusion that Duterte did not have the nerve to close their network."
The grant of franchise to corporations is not something owners can demand. Franchise presupposes that corporations are public utilities often referred to as public-service corporations much that they provide essential services such as electricity, telephone service, telecommunications, natural gas, water or postal services. They are regulated because they embody public interest.
This explains why franchise is not a right owners can demand synonymous to property right but a privileged that can be granted or withheld by reason of public safety, security and public order. Equivocally, without a franchise, such corporations cannot operate.
The problem with ABS-CBN is to this day it has not detached itself from its involvement in politics. Often the company’s political inclination is dependent on the attitude of the owners as former caciques that enjoyed the status of "sugar baron" brought about by the creation of big sugar plantations during the colonial economic period.
Despite the withering of this exclusive class in 1974, they insist in perpetuating their economic dominance amidst the rumblings in Philippine politics. The Lopezes to this day still hallucinate they control and dictate the political destiny of this nation.
Their latest foray was when they swindled Duterte the amount he paid for his political advertisement in the 2016 campaign. The owners probably wanted to hit Digong twice by swindling him and by humiliating him to make sure he loses in the election.
They gravely committed an incalculable mistake. Duterte won and that complicated their problem. It was reminiscent of their support for Marcos to pin down Macapagal for devaluating the currency that caused their loan to bloat. Today Digong may not have the character of an Ilocano but has the memory of an elephant one could not easily forget.
Their predicament became complicated because they dared to cross his path believing that what they did was a trivial matter. They took the issue of renewal of franchise as something they could easily manage. Instead of examining the problem and making an open apology to the President, the Lopezes relied on their usual high and mighty attitude of leaving it to their lawyers, confident that things will ultimately be resolved their own way.
Up to now still they nurture the same delusion of being the top political kingmaker with the old man even boasting that nobody sits in Malacanang without his blessing. It is this shameless clan that is today daring the President to close their business; that when the bell finally tolled on them they could not believe it that the National Telecommunications Commission would issue a cease and desist order or closure order, in short.
ABS-CBN could not believe their stable of politicians loyal to them could be outwitted by Jose Calida. Their battery of lawyers, as usual, were banking on the petition for quo warranto have it dribble in court that by the circumstance of “force majeure” compel it to issue a temporary or provisional franchise until the court finally decides for or against the renewal of franchise, and from there they could deny Congress of its right under to issue franchise under Section11, Article 11 of the Constitution arguing as usual that the Court have already acquired jurisdiction over the case.
But Calida was fully aware that by May 4, the franchise of the Station would expire, and the case he filed which listed the numerous violations of the franchise would automatically become functus oficio, meaning there is nothing more to be remove, the franchise having ceased to exist in fact and in law. ABS-CBN was not only startled but is now completely at a loss. I cannot now operate because it does not have a franchise or can it blame NTC NTC for doing its duty to issue cease and desist order. On top of it the Lopezes cannot go to court for the issuance of temporary restraining order, as suggested by retired Justice Antonio Carpio, for the simple reason the petition was not decided by the court by due to its own negligence in allowing the franchise to expire.
ABS-CBN cannot even now rely on its usual supporters they hope to exploit in the event of a showdown with the administration. At most, ABS-CBN can only blame Congress for sitting on its application for renewal since 2014. But is a complicated issue. They cannot even blame the membership of the present Congress but on the former President and the former speaker Feliciano Belmonte which the general public thought to ardent fans of ABS-CBN. This is the point that caused the franchise to be stalled, and the station would not openly admit this fact for that could equivocally absolve the President from being blamed for the fiasco but upon themselves why the franchise expired by operation of law.
Renewing the franchise of ABS-CBN would not solve the problem endemic to the administration. The owners have always resorted to influence peddling to exact huge financial favors from the government.
The Lopez clan entertains the illusion that Duterte does not have the nerve to close ABS-CBN. They could not even decipher that the President just want to collect the P6.5 billion that remains unpaid. It is this attitude of acting as carpetbaggers, treating government-owned corporations as acquired by them in a fire sale, and often on installment basis that irked the President so much.
What if the Duterte government decides to sell ABS-CBN? Would its disposition not put to an end the agony of the government in kowtowing to a corporation that could hardly pay its debt while continually slandering it? Can the owner prohibit the government from disposing that property and concoct their alibi it was confiscated from them? Can the Duterte government not sell the properties of his political enemies for unpaid loan?
Of course, some skunk lawyers would always say, a buyer allowed to operate ABS-CBN is a buyer in bad faith. But between those buyers in good faith against one who has been delinquent in his payment, which between the two now stand to have acted in bad faith? A buyer in good faith in this situation can also pay in full the arrears of the corporation. The owners cannot claim their right as franchisee because the sale is likely to take place after the franchise has expired.
First, the government can immediately recover the long overdue account upon payment by the buyer. The fund is much needed now because of the pandemic. The Lopezes can no longer cling on to a franchise that no longer exists.
Second, the sale of ABS-CBN will finally resolve the bogus democracy the Lopezes have been dangling to the Filipino people. The oligarch that owns and controls the station made a mockery of our democracy. They often drumbeat freedom of the press but in truth is used to bullshit the government.
Third, they contribute to retard public opinion and as cover to advance their economic and political interest. Their ownership of the biggest private radio and television station does not speak of the truth. Rather, they usurp that right to mislead our people.
Fourth, ABS-CBN has become the secondary and alternate news outlet for CNN, Voice of America, Fox News and BBC using local stations, channel and frequency to make them more powerful than the one operated by our government.
Fifth, ABS-CBN together with those foreign media organizations does not only compete with the government radio and television stations like PBS, but openly gang up on the government branding the state media as brazenly corrupt and human rights violator.
Sixth, ABS-CBN often coordinates with foreign media on issues to place the government on the defensive. If the subject is between the government and the communist rebels, ABS-CBN in collaboration with foreign media in pursuit of their country’s national interest unite against the government. Our people are confused for it seems ABS-CBN and the foreign media find themselves one in defending those identified as enemies of the state with a wider leeway to hide behind the cloak press freedom or in upholding human rights.
Seventh, the sale of ABS-CBN is proper. The Lopezes cannot claim the value of the franchise or good will to jack up their price because the business already ceased to exist. The seller could only sell the property after deducting the amount due to the government.
Eighth, the government did not sequester the property like what the defunct PCGG did but as unpaid creditor having acquired the right to sell the property with the right to collect the balance.
Ninth, the buyer could operate the station after a new franchise is granted with the promise to rehire all the employees of the old station.
Because of the prosaic interpretation of freedom, our local media can freely coagulate other foreign media organizations resulting in our inability to determine what is truly democratic and what truly represents our people’s interest.
rpkapunan@gmail.com
