MANILA – The rejection of ABS-CBN’s 25-year franchise renewal was the “decision of the Filipino people” since they ratified the Constitution that prohibits a broadcast company from operating without a congressional franchise, Malacañang said.
The “binding and legal effect” of the 1987 Constitution emanated from the Filipino people, Presidential spokesperson Harry Roque pointed out.
“Ang taumbayan naman talaga po ang pinagmulan ng binding effect; ng legal effect ng ating Saligang Batas,” Roque said in an interview with DZBB AM radio.
“Ang taumbayan ang nagdesisyon po na hindi pupuwedeng magnegosyo sa isang broadcast industry na walang prangkisa na inaprubahan ng representante ng taumbayan,” he added.
The Palace spokesperson reiterated that they respect the decision of the House of Representatives committee on legislative franchise as they have the sole power in giving legislative franchises to networks.
“Iyan po ang desisyon ng representante ng taumbayan, iyan po ay desisyon ng taumbayan. Hayaan na po muna natin at hintayin natin ang husga ng taumbayan doon sa mga representante kung mayroon man,” Roque said.
“Malinaw na kung mayroong prangkisa na ni-re-require para doon sa kalayaan ng malayang pamamahayag na nakalagay sa Saligang Batas ay kinakailangang magkaroon muna ng prangkisa bago ka magkaroon ng kalayaan,” he added.
The Office of Solicitor General, meanwhile, lauded the members of the House of Representatives’ committee on Legislative Franchise for a “job well done” in denying ABS-CBN a new franchise.
“Indeed, Congress, through the joint committees, not only exercised its constitutional mandate, but also fulfilled Speaker Alan Peter S. Cayetano’s promise to the Filipino people that ‘the hearings [would] be fair, impartial, comprehensive and thorough,’” said Solicitor General Jose Calida.
Calida also pointed out that in denying the renewal of ABS-CBN’s franchise, the Committee on Legislative Franchises affirmed the allegations made by the Office of the Solicitor General in its quo warranto petition with the Supreme Court.
Calida also claimed that the denial of the franchise could not be characterized as a restraint on freedom of expression or of the press because the “primordial effect of such denial is the upholding of the constitutional provision and laws governing media companies like ABS-CBN.”
ABS-CBN has been off air since May 5 after the National Telecommunications Commission ssued a cease and desist against the network for lack of franchise./PN
