By Vanne Elaine Terrazola
The “equity” that the Department of Justice (DOJ) had cited in the absence of a rule about the expiring franchise of ABS-CBN should have applied in the government's decision to abrogate the Visiting Forces Agreement (VFA) with the United States.
Senate President Vicente "Tito" Sotto III
(Ali Vicoy / MANILA BULLETIN)
This is the view of Senate President Vicente Sotto III, who commented on the position of the Department of Justice (DOJ) on whether or not broadcast company ABS-CBN may continue to operate while the renewal of its franchise is still pending in Congress.
DOJ Secretary Menardo Guevarra, in a letter responding to the National Telecommunications Commission, said there is “sufficient equitable basis” to grant the network the provisional authority to operate while waiting for Congress’s action on its franchise.
During the Senate hearing on the matter last Monday, Guevarra said ABS-CBN, with its expiring franchise, may continue to operate on the principle of equity, as he noted that existing laws do not provide for the status of radio and TV networks during the pendency of their application for franchise renewal.
“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,” Guevarra then said.
Sotto, taking note of Guevarra's opinion, said the same should have been considered for the termination of the VFA.
“'Equity fills in the gap’? Therefore, the same applies to the silence of the Consti on the Senate concurrence in case of abrogation, is it not?” he tweeted Thursday night.
Sought for clarification, Sotto told the Manila Bulletin Friday that the DOJ should be consistent in its position when laws are silent about certain matters, especially on the termination of treaties.
The Constitution states that a majority of the Upper Chamber's member should vote to ratify the treaties entered into by the government before they are enforced. There was no provision about the process for its termination.
Constitutionalists, however, believe the Senate's concurrence is likewise needed for the abrogation of treaties.
Sotto also answered in the affirmative when asked if he believes that the DOJ was being safe on its position about the VFA's termination, and if he was aware that some Cabinet officials had apprehensions about it.
Senator Panfilo Lacson on Thursday revealed that some members of President Duterte's Cabinet and military officials informally expressed their reservation about the abrogation of the 22-year-old military deal with the US.
Sotto and Lacson, along with Senate Minority Leader Franklin Drilon and Sen. Richard Gordon, would be filing a petition before the Supreme Court (SC) next week to question the executive branch's move to scrap the VFA without the Senate's concurrence.
They hoped that the SC ruling would settle once and for all the debates on whether or not the chamber's approval is needed for the termination of international agreements and treaties.