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DOI to issue guidance'
toN ConABS-CBNcase
HE Department of fustice
(DOI) is set to issue on
$flednesday a guidance to '
the National Telecommunicatiorfs
Commission (NTC) in lieu of a legal
opinion on the issue of whether the
television giant can still operate
pending action by Congress on the
franchise renewal bills.
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"Wewillreplyto the NTC tomor-
rowbutwillissue guidance instead
of a formal legal opinion," Jus-
tice Secretary Menardo Guevarra
said.
The NTC earlier wrote the DOJ
tFllsjpa;jlnffi
seeking alegal opinion onwhether
media giantABS-CBN shouldbe al-
lowed to continue with its operation
even after its franchise expires on
May 4.
Guevarra also admitted that
\ PAGE. AP }
a)
"Wewere unaninous
in holding.thatth€re
ir [6ed fol a f.an.hise
befoi€ the NT( .an grant
a provisional pe.nit.
Without a fran(hise,
thetelevirion statiol
on(ernrd his to (€ate
opeiationr."-Puno
the Justice department is aware
of the 1994 memorandum of un
derstanding between the NTC,
Kapisanan ng mga Brodkaster ng
Pilipinas (KBP) and the House
of Representatives which allows
broadcast companies to oPerate
for up to four years pending aP-
plication or renewal of franchise.
"Itdepends on the House of
Representatives if that memoran-
dum of understanding would still
be considered sufficient. But in my
opinion it may have to be refreshed
or replacedbya formalresolution
the house," Guevarra pointed out.
of
'No franchisg stop ops'
MEANWHILET former Chief Jus-
tice Reynato Punopointedout that
the Supreme Court had earlier is-
sued a ruling which held that a
congressional franchise is neces-
sary for broadcasting comPanies
to continue to oPerate.
"We were unanimous in hold-
ing that there is need for a fran-
chise before the NTC can grant
a provisional permit. Without a
franchise, the television station
concerned has to cease oPera-
tions," Puno said in an interview
over CNN Philippines.
Puno was referringto the Court's
ruling in 2003 in the case ofAsso-
cidted Communicqtions & Wireless
Seruices v. N?C.
SEE "ABS_CBN,,,A2
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 terms set by Congress when it appr0ved the

ABS-CBN... (ompanles'fran(hises in 1995.

CoNTINUBD rRoM A8
Senators move
Puno noted that Sedion 16 0fRA 7925 0r SENAIE President Vicente 50tt0 lll earlier

the Publi( TelecommuniGtions Poliq Ad 0f allayed (on(erns that beleagu€red ABs-(BN

the Philippines states that "no person shall may be (ompelled to shut down pending
conimen(e or conductthe business 0fbeing a renewal0f its expiring franchise.
publictelecommunicati0ns entitywith0utf irst "lt can continue t0 operate,'50tt0 told
fran(hise." BusNrssl\4rnnon 5unday, clarifyinq thata franchhe
obtaining a

Ihef0Imerdiefjustift added,"Theycannot is "deemed extended if a bill lenewinq it has

operate be(ause0f thatde(ision and bythe laws be€n tiledl'

we have, parlkularly RA 79251" 0n Wednesday, Senate Minority Leader
Puno stressed that the NT( also does not tranklin Drilon ls expeded t0file a Con(urlent

have the power t0 grant a tenporary Ii(ense Res0luti0n t0 allow ABs-(BN t0 (0ntinue t0
'withoutthe franchise given by C0ngressi' operate when its fran(hise expires on llay 4.

"This is also in RA 7925 which definesthe And, while the H0use 0fRepresentatives is

powers of the NT(,"he exPlained. stillw€ighing the merits 0frenewing AB5-CBNI

The former chief magistratet position franchise, a lawmakerhasfiledalill extending

- the qhting fran(hise until the end

0f the
contradicts the position of Justi(e Seoetary
MenardoGuevana,whosaid at lllonday'sSenate Duterte administration 0n June 30,2022.
' ln House Res0lution 28, Cebu Rep. Raul
inquiry into ABs-CBN's frandise issues that the
(0mpany should still be allowed t0 operate delMar said that sin(e 0nly a few session days
are left before (ongres adjourns ori March 14,
onsiderinq tiat s0me c0mpanies were allowed
toontinuetheir0pelati0nwith expired li(ens€s 2020, both the House 0f Replesentativel and

Bu! Puno said, this was a practice that the senate need additi0nal time t0 review
has been tol€rated but has n0 basis in law. assess and determine whethet0r not AB5-CBN

That ls by mere toleran(e, by mere practice, BroadcastingCorp. shall be granted the tenewal

that pradice cannot be sustained ifyou have a of its franchise.

i'This
dedsi0n by5C, and you have a law saying you will enable Congress t0 dis(harg€
need a franchise,'he pointed out. its (onstitutional duty 0f protecting publk
Aside from waiting for Congress to ad 0n interest in the grant and rep€a I of fra ndises,
the renewa I 0f its fran(hise, the network is also with0uttrampling 0n rightst0duepro(essand
facing a legal battle at the 5C after S0licitor infrinqing on free press and free speech:Now,
General J0se Glida filed a quo warranto lherefore, be it resolved bylhe House andthe
petiti0n, askingthe 5Ct0 (a ncel the fra n(hises Senate t0 extend Ihe fra n ch ise 0fA85-CBN until
0f this 18th Conqress0n June30,2022i'
of AB5-(8N and its subsidiary ABS-CBN theend
Convergence, saying the network (0mmitted headded.Joel f.Sanluan,Iovee Mo eu.oelo
"hiqhly abusive pra(tices" in vi0lati0n 0f Cruz ond But h Fenondez

Pacre - A&q
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