It seems there is more than meets the eye in the filing of
the Office of the Solicitor General of a quo warranto petition before the
Supreme Court (SC) asking for the termination of the legislative franchise of ABS-CBN.
The quo warranto filed before the Supreme Court (SC) against
the television giant ABS-CBN could be “lethal” even to other media outlets
having Philippine Depository Receipts (PDR) owned by foreigners.
Daily tribune had an exclusive interview with former Senate
President Juan Ponce-Enrile, and the latter stressed that the petition filed by
Solicitor General Jose Calida before the SC is a test case.
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| Solicitor General Jose Calida (photo credit to owner) |
“If the government wins its case before the
Supreme Court, all media outlets with the same PDR are disqualified to continue
operating their business,” Enrile said.
“That’s how lethal that case is… that’s only a
test case (petition versus ABS-CBN). A decision of the SC will become the law
of the case, a precedent,” he pointed out.
SolGen Calida in his 63-page petition filed last 10 February
The Solgen argued that the use of such PDR is not only
prohibited by the Constitution but “criminal liability is also imposed on those
who violate foreign equity restrictions and evade nationalization laws of the
Philippines through various modes of proxy arrangement, making it appear as
legal, but the entirety of the arrangement is to accomplish a transaction not
allowed under Philippine laws.”
Enrile, who is also a former Justice Secretary , supports the argument of
SolGen Calida that the use of the PDRs by ABS-CBN is unlawful, stressing the
constitutional prohibition for foreigners to own any stake in media companies.
“It is a violation of the Constitution. Under the
Constitution, all media outlets must be wholly, fully owned by Filipinos,”
Enrile said.
Enrile also quashed the arguments set forth by ABS-CBN
regarding the PDR’s that there is nothing wrong since such PDR’s have no voting
rights.
“If they are saying that PDR are okay because it has no voting rights,
why did not make it as preferred shares? What is the difference with preferred
shares of a corporation that have no voting rights also but it is a badge of
ownership,” Enrile explained.
Not an issue of Press Freedom
Enrile said the case as against ABS-CBN is not an issue of press freedom
- stressing the constitutional prohibition on foreign ownership of media
outlets.
“The press freedom is provided in the
Constitution with prohibitions…foreign share in a media outlet is a
constitutional prohibition. That’s a limitation to press freedom,” he said.
As for the act of the OSG filing the Quo Warranto Petition as
against the television giant is not a move to restrain press freedom, but an action “to correct a public wrong” brought about by the
violations committed by the network.
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