Government lawyers asked the Supreme Court yesterday to forfeit the legislative franchises of ABS-CBN Corp. and its subsidiary, ABS-CBN Convergence Inc.
The plea was contained in a quo warranto petition filed by the Office of the Solicitor General led by Solicitor General Jose C. Calida.
A quo warranto “is a special civil action brought in the name of the Philippines against a person who usurps, intrudes into, or unlawfully holds or exercises a public office, position, or franchise; or against a public officer who does or suffers an act which, by provision of law, constitutes a ground for the forfeiture of his office; or an association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority to act.”
Published reports stated that ABS-CBN’s franchise will expire next month. Several bills have been filed in Congress for the renewal of the franchise.
A copy of the OSG’s petition was not immediately available.
“We want to put an end to what we discovered to be highly abusive practices of ABS-CBN benefitting a greedy few at the expense of millions of its loyal subscribers. These practices have gone unnoticed or were disregarded for years,” the OSG said.
“The petition will show that ABS-CBN has been broadcasting for a fee, which is beyond the scope of its legislative franchise,” it said.
“Further, the media giant, hiding behind an ‘elaborately crafted corporate veil,’ has been allowing foreign investors to take part in the ownership of Philippine mass media entity, in gross violation of the foreign interest restriction of mass media provided under Section 11, Article XVI of the Constitution.”
The official reaction or position of ABS-CBN Corp. on the quo warranto petition will be known once it is required by the SC to file its comment on answer. (Rey Panaligan)
UP TO CONGRESS
It is up to Congress to decide on the proposed franchise renewal of ABS-CBN after President Duterte voiced a “complaint” against it, Cabinet Secretary Karlo Nograles said.
Nograles said while the President gave his opinion about the ABS-CBN network, the Executive branch cannot dictate on the two houses of Congress on the matter.
“Nag-voice out si Pangulo ng kanyang complaint against a franchise holder but it’s really up to Congress now to decide what to do with that complaint,” the former Davao City lawmaker said.
“Now, ‘pag in-open ‘yung hearing doon sa franchise, and then kung sino pa man ‘yung mga may reklamo ay maaari nilang ilabas doon. At ‘yun, ilalabas mo lahat nung mga reklamo tungkol sa franchise holder, tapos the franchise holder also have the opportunity na depensahan or i-deny, i-refute ‘yung mga allegations na ‘yun,” he added. (Genalyn Kabiling)
PALACE DENIES HAND
Malacañang yesterday denied that it was involved in Calida’s move to ask the SC to nullify the franchise of ABS-CBN, saying the government’s top lawyer was doing his job.
Presidential spokesman Salvador Panelo said Malacañang knows nothing about Calida’s plans nor did Duterte instructed him to go after ABS-CBN.
“Trabaho ng Solicitor General na maghain ng anumang petisyon ‘pag merong paglabag sa batas,” he said. “Ang Pangulo hindi nakikialam sa mga trabaho ng heads of departments and offices. Palagi niyang sinasabi: ‘Let the law take its course,'” he added. (Argyll Geducos)
ABS-CBN REACTS
ABS-CBN yesterday slammed government’s bid to close down the network through the quo warranto petition, saying that shutting it down through false allegations will place millions of Filipino viewers under “serious prejudice.”
ABS-CBN said the allegations in the petition are without merit.
“ABS-CBN complies with all pertinent laws governing its franchise and has secured all necessary government and regulatory approvals for its business operations,” it said. “We did not violate the law,” declared the network.
Although faced by the adverse prospect of not getting Congress nod for franchise extension, the network’s management remained optimistic that Congress leaders will not renege on their vow to act on the renewal in a fair manner. (Ben Rosario)
