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.
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| (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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Report from ABS-CBN News
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