‘Little time left to tackle ABS-CBN bill’

CONGRESS might not have enough time to act on measures for the renewal of ABSCBN Corp.’s 25-year franchise, a House leader said on Friday.

The concern was raised by Deputy Speaker Luis Raymund Villafuerte, who reminded that Congress adjourns sine die on June 5.

Villafuerte is one of the coauthors of Speaker Alan Peter Cayetano of House Bill ( HB) 6732 granting the network a provisional franchise effective until October 31.

The bill was approved on second reading when the House convened into a committee of the whole last Wednesday. It will be up for third and final reading when session resumes next week.

But Congress could be wrapped up in tackling priority legislation relating to the coronavirus during the remaining two weeks of session, Villafuerte said.

Among the coronavirus measures are the HB 6623 setting the “new normal” protocols; HB 6709 proposing a threeyear, P1.5-trillion infrastructure spending package focused on health, education, agriculture, local infrastructure and livelihood; and the consolidated bill providing a P1.3 trillion economic stimulus package.

Villafuerte stressed that the ABS-CBN franchise is also an urgent issue since as it involves possible violations of labor, tax and constitutional laws.

“I would like to assure everyone that we will follow due process. We will, as much as possible, hear everybody’s side,” he said in a television interview on ANC on Friday.

“What is important at this point is that ABS-CBN and other sectors should be given due process. Kung ma- convince ang members ng Congress na pwede nang desisyunan iyan, dedesisyunan na iyan (If the members of Congress would be convinced that a decision can be made, a decision will be made),” he added.

Albay Rep. Edcel Lagman said the House must reconsider the passage of HB 6732 on second reading to “cleanse” it of “any constitutional infirmity” and to extend its effectivity to at least one year.

Sen. Francis Pangilinan earlier warned of a possible constitutional violation by the House in fast-tracking the passage of the bill in a matter of hours after its filing.

He cited Article 6 Section 26 of the Constitution, which stated that no bill passed by Congress “shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President (Rodrigo Duterte) certifies to the necessity of its immediate enactment to meet a public calamity or emergency.”

Lagman agreed that the “precipitate approval” on second reading pose a serious constitutional challenge.

He also referred to the opinion of Fr. Joaquin Bernas, an authority on constitutional law and a Commissioner of the 1986 Constitutional Commission which drafted the 1987 Constitution, who said “in order to ensure a more thorough study of the bills, Section 26 (2), copying the text of Article 8, Section 19 (2) of the 1973 Constitution, not only requires that there be three separate readings but also that the separate readings be on ‘separate days.’”

Lagman said the speedy passage of the Bayanihan Act, which breezed through first, second and third readings in one special session day “cannot be invoked as a precedent because in that case there was a presidential certification of urgency.”

He stressed the “need to remove any cloud of doubt on the constitutionality of the passage of HB No. 6732 to foreclose any reason for a presidential veto.”

The final version of the bills passed by the Senate and the House has to be signed by the President to be enacted into law.

ABS-CBN went off the air last May 5 after the National Telecommunications Communication (NTC) issued a closure a day the network’s franchise expired.

ABS-CBN on Friday said it would suffer financially from the closure order, since majority of its revenues come from free-to-air advertising.

In a disclosure, the broadcasting firm said the NTC order would “significantly impact” its media, networks, and studio entertainments (MNSE) operations.

The segment, it noted, booked P23.3 billion in revenues, a bulk or 68 percent of which generated from free-to-air advertising.

Based on financial results ending September 2019, free-to-air advertising contributed half of ABS-CBN’s revenues.

Without giving a ballpark figure for losses, the company said the order put “additional burden” on the group amid the coronavirus pandemic.

“The actual impact on MNSE operations is difficult to estimate at this point since it will depend, among other things, on the duration of the time its television and radio stations are off-air, and its ability to generate alternative sources of revenues to make up for the shortfall,” it added.

Right now, the network relies on other revenue streams, including content creation and distribution; cable, satellite and broadband; digital and interactive media; and consumer products and experiences.

ABS-CBN once again denied it violated any law which could hinder its franchise renewal.

The Philippine Stock Exchange will lift the trading suspension on ABS-CBN shares on Monday, May 18.