ABS-CBN can operate beyond franchise expiry via provisional permit - 2 former Chief Justice's say

ABS-CBN can operate beyond franchise expiry via provisional permit - 2 former Chief Justice's say




ABS-CBN is having some reasons to be more hopeful as two of the country’s greatest legal mind gave their opinions on the woes of the tv giant.
It seems all the problems of ABS-CBN can be remedied by a provisional authority from the National Telecommunications Commission (NTC), ABS-CBN Corp. can remain on air while Congress deliberates on the renewal of its franchise, former Chief Justices Artemio Panganiban and Reynato Puno said in separate interviews.


"Hindi naman kasalanan ng ABS-[CBN]. Nagawa na ang lahat ng dapat gawin, lahat ng requirements nandiyan na. Hindi kasalanan ng ABS-CBN na wala pa silang franchise," Panganiban said in an interview with ABS-CBN's Karen Davila.
(photo credit to credit)

(It's not ABS-CBN's fault. They have already done everything. It's not their fault they still don't have a franchise.)
It is true that a broadcast network must secure a legislative franchise to continue its day to day operations  as per Republic Act 7925 or the Public Telecommunications Policy Act of the Philippines, CJ  Puno said an NTC permit ordered by Congress would allow ABS-CBN to remain on air.
"In between na pinag-uusapan ng Kongreso kung iga-grant o ide-deny 'yong franchise ay puwede namang mag-operate 'yong company kung bibigyan ng Kongreso ng provisional permit," he told DZMM's "Dos Por Dos" with news anchor Anthony Taberna.


(While Congress is deciding on granting or denying the company's franchise, it can still operate when there's a provisional permit.)
With still two weeks left before the Congress adjourns, CJ Puno still believe it still has ample time to hear the pending bills that calls for the ABS-CBN’s legislative franchise.
"'Yong question ng provisional authority, hindi napakahirap 'yon eh. Hindi naman kailangan mag-conduct ng maraming public hearing. Public hearing do'n sa main question whether Congress would grant or deny the franchise," Puno said.

(On the question of provisional authority, it's not difficult. They don't have to conduct many public hearings. The public hearing should focus on whether Congress would grant or deny the franchise.)


CJ Panganiban gave a different opinion from CJ Puno’s, wherein the latter said ABS-CBN can no longer operate once its legislative franchise expired in spite of an NTC permit, citing a 2003 Supreme Court ruling on the Associated Communications & Wireless Services-United Broadcasting Networks (ACWS). 
CJ Panganiban said ABS-CBN’s case is different from that of the case cited by CJ Puno because ACWS had no franchise when the NTC granted it a provisional permit.
"Every decision is good only in accordance with its factual background. Kung hindi po pareho ang factual background, hindi po pareho ang desisyon," he added. 





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