ABS-CBN franchise to expire on May 4, 2020 -- Guevarra
Published Feb 24, 2020 12:00 am
By Hannah Torregoza
Department of Justice (DOJ) Secretary Menardo Guevarra on Monday said the 25-year franchise of ABS-CBN Corporation is set to expire on May 4, 2020.
Department of Justice (DOJ) Secretary Menardo Guevarra during the Senate public services hearing on the ABS-CBN’s franchise on February 24.
(Senate of the Philippines / MANILA BULLETIN) During the Senate public services hearing on the ABS-CBN’s franchise, Guevarra explained that since the time of the effectivity of the franchise was published on April 19, 1995, or 15 days after the grant of its franchise, then its expiration would be on May 4, 2020. “Based on the facts available to us, the following facts are undisputed: Its franchise covered by Republic Act 7966, enacted on May 30, 1995, provides for a term of 25 years, from the date of effectivity of the franchise,” Guevarra said. “Section 15 of the franchise provides that it becomes effective 15 days from date of publication in at least two newspapers of general publication,” “Based on the facts available to us, the franchise was published on April 19, 1995. For that reason, the franchise will expire on May 4, 2020,” he said. However, he said, there is nothing in the law granting the franchise of ABS-CBN in the radio control law, in the public service law or in any other law that “provides for a situation that when the franchise expires, during the pendency of its application of renewal with the Congress.” Responding to Sen. Grace Poe’s query, Guevarra said the DOJ believes there is a gap in the law that could “have declared the status of operations of a radio and television franchisee when the Congress has not finally acted on a bill for the renewal of its franchise.” “Number two, when there is a gap in the law, equity comes in to fill the gap. Equity is the principle by which substantial justice may be attained in cases where the prescribed customary forms of ordinary law are inadequate,” he said. Currently, ABS-CBN is facing a quo warranto case, which was filed by the Solicitor General, at the Supreme Court. The quo warranto case stemmed from the supposed “highly abusive practices” that were in violation of its franchise. ABS-CBN executives have repeatedly denied the allegation. Read more: Senate panel starts public hearing on ABS-CBN
Department of Justice (DOJ) Secretary Menardo Guevarra during the Senate public services hearing on the ABS-CBN’s franchise on February 24.(Senate of the Philippines / MANILA BULLETIN) During the Senate public services hearing on the ABS-CBN’s franchise, Guevarra explained that since the time of the effectivity of the franchise was published on April 19, 1995, or 15 days after the grant of its franchise, then its expiration would be on May 4, 2020. “Based on the facts available to us, the following facts are undisputed: Its franchise covered by Republic Act 7966, enacted on May 30, 1995, provides for a term of 25 years, from the date of effectivity of the franchise,” Guevarra said. “Section 15 of the franchise provides that it becomes effective 15 days from date of publication in at least two newspapers of general publication,” “Based on the facts available to us, the franchise was published on April 19, 1995. For that reason, the franchise will expire on May 4, 2020,” he said. However, he said, there is nothing in the law granting the franchise of ABS-CBN in the radio control law, in the public service law or in any other law that “provides for a situation that when the franchise expires, during the pendency of its application of renewal with the Congress.” Responding to Sen. Grace Poe’s query, Guevarra said the DOJ believes there is a gap in the law that could “have declared the status of operations of a radio and television franchisee when the Congress has not finally acted on a bill for the renewal of its franchise.” “Number two, when there is a gap in the law, equity comes in to fill the gap. Equity is the principle by which substantial justice may be attained in cases where the prescribed customary forms of ordinary law are inadequate,” he said. Currently, ABS-CBN is facing a quo warranto case, which was filed by the Solicitor General, at the Supreme Court. The quo warranto case stemmed from the supposed “highly abusive practices” that were in violation of its franchise. ABS-CBN executives have repeatedly denied the allegation. Read more: Senate panel starts public hearing on ABS-CBN