The ABS-CBN’s legislative franchise as of presstime is still
not renewed by Congress.
The only significant movement as regards to the renewal of
sucg franchise is when senator Grace Poe decided to proceed with the Senate
hearing by the public service committee to which she heads.
Prior to the formal start of the hearing she said that such
hearing was not to supplant the constitutional rule that such grant of
legislative franchise should emanate from the House of Representatives, and
that such act by her committee is just to iron out the alleged violations of the
Lopez owned station and not to discuss anything about its franchise.
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| Senator Grace Poe and her close relations with the ABS-CBN media network (Photo credit to owner) |
A few days back, House Speaker Alan Peter Cayetano has warned
the Senate that any hearing that pertains to ABS-CBN’s legislative franchise is
a direct violation of the rules as prescribed by our Constitution.
Former Presidential Spokesman and House of Representative
Harry Roque in his column n the Daily Tribune dated Feb. 28 slams the actions
done by senator Grace Poe as regards the conduct of a senate hearing of her
Public Service committee with respect to ABS-CBN as a media outfir which its
franchise is about to expire and is in the process of undergoing its renewal.
For the complete and full quote of the article please see
below:
Grace Poe
and her conflict of interest
By now, my position on the ABS-CBN is crystal clear. The Solicitor
General’s (SolGen) petition for the revocation of ABS-CBN’s franchise is a form
of prior restraint and hence, presumed unconstitutional. But come expiration of
its franchise and Congress does not renew the same, the station cannot cry
violation of freedom of the press. As confirmed by no less than former Chief
Justice Reynato Puno, without a franchise, the station simply cannot operate.
This, he explained, was the ruling of the Supreme Court in the case of
Associated Communications & Wireless Services versus NTC. In the said case,
the Court held: “…the legislative intent is to continue requiring a franchise
for the operation of radio and television broadcasting stations.”
Is ABS-CBN entitled to resort to its current intensive public relations
campaign to persuade Congress to renew its franchise? Of course, it is! And
yes, it has done so with seeming success. Perhaps the pivotal event that may
result in its renewed franchise was the recent Senate hearing where its top
management apologized to the President and the latter accepted it. The hearing
also confirmed that contrary to the allegations of the SolGen, ABS-CBN has no
debts to the government and that its pay per view scheme; as well as its
Depository receipts, have the requisite government approvals.
But where I do have a very serious concern is how a politician like Sen.
Grace Poe can wantonly disregard both Constitutional and legal prohibitions
against conflicts of interest.
For sure Sen. Poe’s conflict of interest as far as ABS-CBN is admitted.
She did so yesterday in an interview with Karen Davila. In that interview, she
acknowledged that her mother is a talent of the station and that she receives
royalties from the stations’ airing of FPJ’s movies.
The Constitution itself requires both disclosure and a prohibition on
legislators from having conflicts of interest in matters pending before them.
Article VI Section 12 provides that members of Congress shall “notify the House
concerned of a potential conflict of interest that may arise from the filing of
a proposed legislation of which they are authors.” Further Section 14 of the
same provides: “Neither shall he, directly or indirectly, be interested
financially in any …franchise granted by the Government, …during his term of
office.” Moreover, Section 7(a) of the Salonga law, otherwise known as the Code
of Conduct and Ethical Standards for Public Officials and Employees., expressly
prohibits all government workers, including, or should I say, especially those
in high offices, “from having directly or indirectly, any financial or material
interest in any transaction requiring the approval of their office.” Unless my
readings of the foregoing provisions of the constitution and the law are wrong,
I submit Grace Poe committed an unconstitutional and a criminal act.
Obviously, the grant of a franchise is one exclusively lodged with
Congress. As such. she should not have participated, more so presided, over a
Senate investigation that deals precisely with possible breaches of an existing
franchise, the renewal of which is currently pending in her office. Full Stop.
It is not a defense, as she alleged — that this conflict of interest is already
publicly known and need not been declared. Where the Constitution does not
provide for exception in the reporting of such conflicts, a Senator cannot make
an exception. And worse, by stating that she led the investigation “to let the
nation know her stand on the issue”, she knowingly and wantonly breached both
the constitutional and legal prohibitions against legislators having a
financial interest in matters pending before them.
The point is, had she followed the Constitution and the law, the hearing
could still have been conducted as obviously, she is only one of twenty-four
Senators. Even if she is chairman of the Committee on Public Services, the committee’s
vice-chairman could have presided over the same. In other words, Sen. Poe’s
participation in that hearing was not indispensable.
Ultimately, the question goes beyond delicadeza as obviously, the
senator probably does not care for such. The issue is why a senator, who knew
about both her conflict of interest and should have known the prohibition
against it, would wantonly violate the Constitution and the law and not have
any remorse for it! By golly, legislators are supposed to legislate normative
values important to mankind. But here now is a senator flaunting violations of
no less than the Constitution and saying she did so that the nation will know
her stand on the matter! Goodness, a press release or a privilege speech in
this regard would have sufficed for that purpose.
Ultimately, the danger in what Sen. Poe did was it may encourage one and
all to violate constitutional and legal prohibitions when it suits their
personal interests. Her gain here goes beyond the royalties that she earns from
the network and extends to the debt of gratitude that the network will owe her.
This can then be translated into airtime and editorial favors come the 2022
elections.
Make no mistake about it: Grace Poe made a mockery of our Constitution and our laws to suit her political ambition of becoming President. If and when she does become President, that’s the time for all Filipinos to migrate from this country. For clearly, she has just been proven to one and all that as a shameless law breaker, she could not possible be trusted to implement the laws of the land.
Make no mistake about it: Grace Poe made a mockery of our Constitution and our laws to suit her political ambition of becoming President. If and when she does become President, that’s the time for all Filipinos to migrate from this country. For clearly, she has just been proven to one and all that as a shameless law breaker, she could not possible be trusted to implement the laws of the land.
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Report from Daily Tribune
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