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Ex-Chief Justice: SolGen petition wrong way to challenge ABS-CBN franchise

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ABS-CBN News

<h2> <br/>House should hurry with network&#x27;s franchise renewal bills - Panganiban </h2><div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/2020/news/02/28/20200210-calida-quo-warranto-abscbn-gc-5564.jpg"/><figcaption>Solicitor General Jose Calida files a quo warranto petition vs ABS-CBN and its subsidiary ABS-CBN Convergence at the Supreme Court on Feb. 10, 2020. Calida accused ABS-CBN of violating provisions of its franchise, which would expire in March. George Calvelo, ABS-CBN News/File </figcaption></figure></div><p><br/>MANILA — A petition by the government&#x27;s lead lawyer was an incorrect way to strip ABS-CBN Corp. of its franchise, the former head of the judiciary said Friday, as he urged lawmakers to renew the license of the country&#x27;s largest media network. </p><p>A quo warranto should cite abuses that were committed before a franchise is granted or an official is appointed. The alleged violations raised against ABS-CBN were supposedly committed after it secured its license, said former Chief Justice Artemio Panganiban. </p><p>&quot;Ang quo warranto ba ang nararapat na remedyo para mawalan ng operasyon ang ABS-CBN? Hindi po,&quot; he told ABS-CBN News&#x27; Karen Davila. </p><p>(Is the quo warranto the right remedy to scrap the operation of ABS-CBN? No.) </p><p>Solicitor General Jose Calida asked the Supreme Court in a quo warranto petition to nullify ABS-CBN&#x27;s franchise, set to expire on May 4, due to alleged abuses like illegal pay-per-view offering and foreign ownership. </p><div><strong>HOUSE IMPASSE </strong></div><p>The House of Representatives has yet to tackle several bills seeking the renewal of ABS-CBN&#x27;s license to operate. The Senate held a hearing on Monday on the network&#x27;s compliance with its current franchise, where ABS-CBN executives clarified it did not violate license provisions. </p><p>&quot;Bagama&#x27;t nagkaroon na po ng hearing sa Senado, wala pong mangyayari doon kung hindi sisimulan ng House of Representatives. Naniniwala po ako na andoon ang susi,&quot; said Puno. </p><p>&quot;Sana naman bilisan nila, iyon ang talagang solusyon,&quot; he added. </p><p>(Even though there was a hearing at the Senate, nothing would come out of that if the House of Representatives would not start tackling the franchise bills. I believe the key is there. I hope they would act quicker, that is the solution.) </p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/02/24/20/torture-says-abs-cbn-union-head-of-possible-job-loss-in-case-of-network-shutdown">&#x27;Torture,&#x27; says ABS-CBN union head of possible job loss in case of network shutdown</a></li>	<li><a href="https://news.abs-cbn.com/news/02/27/20/lets-not-be-unfair-to-abs-cbn-cayetano-says-after-duterte-accepts-networks-apology">Let&#x27;s not be unfair to ABS-CBN, Cayetano says after Duterte accepts network&#x27;s apology</a></li></ul><div><strong>NTC PERMIT </strong></div><p>House Speaker Alan Peter Cayetano had said discussing ABS-CBN franchise was &quot;not that urgent&quot; because it could operate until 2022, the end of the 18th Congress. </p><p>But on Wednesday, the House franchise committee asked the National Telecommunications Commission to give the media giant a &quot;provisional&quot; permit to operate past its franchise expiration. </p><p>The NTC previously gave provisional permits to Philippine Telegraph and Telephone Corp., Smart Communications Inc. and the Catholic Bishops’ Conference of the Philippines, noted Panganiban. </p><p>&quot;Masama naman pong hindi rin [ito] mangyari sa ABS-CBN. Ika nga, equity, fair play, ordinary justice -- pare-pareho dapat ang tingin,&quot; he said. </p><p>(It would be bad if this won&#x27;t happen to ABS-CBN, too. As they say, there should be equity, fair play, ordinary justice -- all should get the same treatment.) </p><div><strong>PUNO OPINION </strong></div><p>However, former Chief Justice Reynato Puno was quoted in a media report that ABS-CBN could no longer operate once its legislative franchise expired, even if it secured an NTC permit. </p><p>He cited a 2003 Supreme Court ruling on the Associated Communications &amp; Wireless Services-United Broadcasting Networks (ACWS). </p><p>ACWS had no franchise when the NTC granted it a provisional permit, making its case different from that of ABS-CBN, said Panganiban. </p><p>&quot;Hindi puwedeng gamitin iyong decision na iyon dito,&quot; he said. </p><p>(That decision cannot be used here.)</p><p>&quot;Every decision is good only in accordance with its factual background. Kung hindi po pareho ang factual background, hindi po pareho ang desisyon,&quot; he added. </p><p>(If the factual background is not the same, the decision will not be the same.) </p><p>The network, which reaches millions of Filipinos through its television, radio and online platforms, said it &quot;did not violate the law&quot; in its 65-year service. </p><div><em>News.abs-cbn.com is the official news website of ABS-CBN Corp.</em> <br/> </div>

<p>A petition by the government's lead lawyer was an incorrect way to strip ABS-CBN Corp. of its franchise, the former head of the judiciary said Friday, as he urged lawmakers to renew the license of the country's largest media network. <br /> </p>

A petition by the government's lead lawyer was an incorrect way to strip ABS-CBN Corp. of its franchise, the former head of the judiciary said Friday, as he urged lawmakers to renew the license of the country's largest media network.