SINCE the shutter of the broadcast network ABS-CBN Corp., I have received messages asking for my opinion and legal advice regarding this matter.
As far as I can remember, I wrote three articles discussing the issue. However, a new issue arose that volunteers and even some lawmakers are pushing for the renewal of the network’s franchise.
There is an ongoing campaign to gather at least seven million signatures to grant the network a franchise through people’s initiative. This may sound interesting and optimistic that the issue is still alive.
How?
Article II, Section 1 of the 1987 Philippine Constitution states, “Sovereignty resides in the people and all government authority emanates from them.”
It shows that the people have the inherent power to directly make and pass laws. This is along with referendum which is exercised directly by the people. This power is a form of delegation of the Congress to the people to legislate.
In fact, we have a law passed for people’s initiative – Republic Act No. 6735 also known as “The Initiative and Referendum Act.” The purpose of the law is to provide a procedure for the people to directly pass laws that Congress is reluctant to pass.
The draft law must be signed by at least 10 percent of the total number of voters and at least three percent of every legislative district’s voters. The signatures must be verified by the Commission on Elections (Comelec).
After this, the Comelec schedules a referendum. Once approved by a majority of voters, a proposed law becomes a national law.
However, I had a conversation with a friend who once worked with the Comelec. He said it is impossible to hold such procedure especially in our situation right now. And I thought this is not feasible.
The signatures will not automatically give a franchise to the network; rather, it will only initiate a referendum that will be called by the Comelec. This is the beginning of the procedure of a referendum where people will vote either yes or no to the initiative. This will happen after the latter verifies that all signatures are of the registered voters and that all are genuine.
Ten percent of the number of total voters is no joke. This will be verified manually by the Comelec through comparing each signature with its own records. The procedure doesn’t stop there because these will be canvassed, transmitted to the city or municipality or province, and to the National Board of Canvassers. Then the result will be announced.
Of course, this does not go without considering the financial aspect of the procedure. The amount needed may be as much as billions. And considering that the 2022 election is fast approaching along with the current pandemic, the said move may be dropped by the Comelec.
Problematic and impossible, right?
But who knows?
Besides, people’s initiative is the purest and direct form of democracy and the best part is that Congress and even the President cannot stop this./PN
