Compliance of its franchise ‘in order’

By Sen. Franklin Drilon

In the exercise of its oversight function, the Senate can look into the compliance of ABS-CBN of the terms of its legislative franchise.

The Congress, not the Supreme Court, has jurisdiction to review compliance by ABS-CBN of the terms of the franchise granted by Congress, especially that there are pending bills seeking renewal of the franchise.

Given the gravity of the allegations against ABSCBN and its implications, it would be a total disservice to the Filipino people if we fail to perform our oversight function.

I threw my support behind Sen. Grace Poe who filed Senate Resolution 322, which seeks to look into ABS-CBN’s compliance with its franchise following the allegations made by the solicitor general against the network.

While reviewing the network’s compliance with its franchise, the Senate could look into the allegations raised by the solicitor general that ABS-CBN violated the terms of its legislative franchise as part of the oversight functions of Congress.

The hearings on the resolution can also be justified not only based on its oversight function but also by virtue of its power to investigate in aid of legislation– the investigation will enable the Senate to make a judgment on the proposed renewal of its franchise when it is transmitted by the House of Representatives.

Taking up Senate Resolution 322 would not be a violation of the sub-judice rule.

Under the resolution, the Senate is simply being called to exercise its oversight functions.

It has long been settled that the power of oversight has been held to be intrinsic in the grant of legislative power itself. Broadly defined, the power of oversight embraces all activities undertaken by Congress to enhance its understanding of and influence over the implementation of legislation it has enacted.

The Congress is a co- equal branch that is simply performing its mandated and independent oversight functions.

As the one that granted the franchise to ABS-CBN, the Congress can carry out its oversight functions at any point in time. Our role does not end with enacting laws. We have the constitutional duty to monitor compliance with the law that Congress enacted.