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OSG opposes congressional bills seeking to revive ABS-CBN

THE Office of the Solicitor General (OSG) strongly opposed two pending bills that may revive the ABS-CBN franchise, calling these unconstitutional for being unconstitutional.

The OSG said the passage of these bills at the Senate and House of Representatives effectively grant a "hold-over franchise" to ABS-CBN Corporation, despite the expiration of such license previously granted by Congress.

In a position paper submitted to the House Committee on Legislative Franchises headed by Rep. Franz Alvarez, Solicitor General Jose Calida assailed House Bill 7923 authored by Parañaque City Rep. Joy Myra Tambunting and Senate Bill 1530 filed by Senator Franklin Drilon, which seek to amend Section 18, Book VII, Chapter 3 of the Administrative Code of the Philippines, as "unconstitutional and illegal."

"Both bills suffer from legal infirmities which may render the subsequent law as void and unconstitutional," OSG said, warning that "these issues should be raised before Congress lest these bills become law which could lead to grave consequences later on."

Calida's position paper strongly opposing the two controversial legislative measures was submitted by National Telecommunications Commission Commissioner Gamaliel A. Cordoba to the House Committee on Legislative Franchises, which the agency adopted as its own position against the SB 1530 and HB 7923.

Cordoba informed the House Committee on Legislative Franchises that the NTC adopted the OSG's position paper on the pending bill.

Commenting on the two bills, the OSG rejected the proposals for being violative of the Constitution. According to the OSG, the proposed bills disregard the legislative nature and origin of a franchise in contravention of the Constitution.

"The proposed bills seek to provide a 'holdover franchise" to be enjoyed by an entity which has applied for a renewal while Congress is still deliberating on the merits of such renewal," the chief state lawyer stressed.

The Solicitor General lamented that by institutionalizing the system of "hold over franchise" in the broadcast industry, the legislative measures already violate the "settled rule that the privilege to operate a broadcasting station requires a legislative franchise in the form of a law."

Senate okays bill on franchise applications

The OSG emphasized that the practice of "hold-over franchise" poses the danger of allowing a broadcasting entity with an expired franchise to continue using its assigned frequency without a definitive legislative finding that it remains qualified to retain such privilege.

The said policy is also open to abuse because it paves the way for "shrewd broadcasting entities the incentive to delay an impending denial of an application for franchise renewal."

https://www.manilatimes.net/2022/01/07/news/osg-opposes-congressional-bills-seeking-to-revive-abs-cbn/1828506