08/05/2020
Here is the provision of the Constitution:
Article 12, SECTION 11. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least sixty per centum of whose capital is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines.
ABS-CBN's ownership is foreign inflicted :
https://verafiles.org/articles/vera-files-fact-check-pahayag-ng-solgen-na-lumabag-ang-abs-c
Clearly therefore, whether to grant a franchise is a Congressional prerogative. The same Congress may amend, alter or repeal a franchise. One amendment would be extending the efficacy of the franchise. Congress did not do this.
The same provision of Article 12, by the rule of noscitur a sociis, gives the legal significance of a franchise: "authorization for the operation of a public utility". In other words, it is the franchise that authorizes ABS-CBN to operate. Absent a franchise, it has no authority to operate.
What makes the franchise renewal hard to be approved? Unfair labor practice complaints, Election meddling, promoting unfair cable tv practices, sidelining a pay per view business on a given free frequency.
https://www.philstar.com/headlines/2020/03/03/1997631/complaints-against-abs-cbn-delaying-franchise-renewal-speaker
https://www.onenews.ph/cable-group-s-allegation-of-violations-complicates-abs-cbn-shutdown-issue
https://abogado.com.ph/ca-deals-another-blow-to-abs-cbns-labor-practices/
https://news.mb.com.ph/2020/02/24/labor-group-calls-on-abs-cbn-to-regularize-5000-non-regular-workers/?__cf_chl_jschl_tk__=599c01bdf7207c3bd77cda7fb3bf3dd7304e7666-1588887347-0-AeVguhEMGucFthCgPDMKe8kJCUSvYAL-BPpoIBz7KZX1NDFLWOe2v_eU4qujY6y3Cb0tAtV84g75g5RGqyhbPZutAC6VTBanRhosCpS9M5ihljXjuY86_HUEPEHXQKv0e0LHgAsqaipJk4NjQkJcYzebYJ3RWhmoVOw5nMMdx9TcgVnLMybzEAJwjjbm4GY3dyHonWQpD54U8k7Dd82DncmqJK0GORO3zR7G5XcahDH86IOVC4pl6_7bN_VTLJU7ESthwF6XGqe8BVFcszc32FAL_g73qfRrK0KrjIaBESQEq4dBW6JtH11k5N38xjJrqM-c83m6UX6ZgG24zFqH7jEjgQmBWezNq91dBaeSWWeBKPnRh3KUuzI3oV_ca7MpWQ
The NTC cannot allow, not even provisionally, the continued operation of ABS-CBN because that would be tantamount to amending the franchise -- by extending its life-time. Furthermore, to allow an administrative agency like the NTC to permit the continued operation of a television network that does not have a franchise constitutes "undue delegation" -- delegating to an administrative agency a power of Congress. This is constitutionally anathema.
If the NTC were to have the authority to permit the continued operation of a network during the pendency of the bill for the renewal of franchise, the "provisional permit" could be indefinite -- because for as long as Congress does not pass the bill, as long as it remains pending, NTC may always equitably permit the operation of the network. This would be absurd, and would make a mockery out of the system of franchises.
You don't need to be smart to understand standard business requirements. Don't make us feel that only smart people understand how you earn from your advertising business from your shows you label as public service.
Stop dragging your market to help you solve your problem start complying instead. Don't act like your working for the company of angels. In a world of business the more they dragged you with your emotions attached the more they earn.
Ang paninindigan ng Office of the Solicitor General (OSG) na nilabag ng ABS-CBN broadcast network ang ipinagbabawal ng konstitusyon na pagmamay-ari sa media ng mga dayuhan sa pamamagitan ng Philippine Deposit Receipts (PDRs) ay nangangailangan ng konteksto.
