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daphenominchief · 12 days ago

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Republic of the Philippines, represented by Solicitor General Jose C. Calida, petitioner, vs. Maria Lourdes P.A. Sereno, respondent. G.R. No. 237428, June 19, 2018

FACTS:

Maria Lourdes P.A. Sereno was appointed as Chief Justice of the Supreme Court.

The Republic of the Philippines, through the Solicitor General, filed a quo warranto petition against Sereno, questioning her eligibility for the position.

The petition alleged that Sereno failed to file a substantial number of her Statements of Assets, Liabilities, and Net Worth (SALNs) during her time as a professor at the University of the Philippines (UP) and did not submit the required SALNs to the Judicial and Bar Council (JBC) when she applied for the position of Chief Justice.

The JBC required SALNs for the 10-year period before 2012, particularly for 2002, 2003, 2004, 2005, 2006, and August 24, 2010, for applications to the Chief Justice vacancy.

Sereno submitted a letter to the JBC dated July 23, 2012, justifying her non-submission of SALNs, claiming it was infeasible to retrieve older records.

The Court En Banc directed the Clerk of Court and the JBC to provide documents related to Sereno's application and appointment.

Certifications from the UP Human Resources Department Office (HRDO) and the Ombudsman indicated that Sereno had not filed SALNs for several years.

The Supreme Court found that Sereno's actions prevented the State from discovering her disqualification within the prescriptive period.

ISSUES:

Does the Supreme Court have jurisdiction over a quo warranto petition against an impeachable officer like the Chief Justice?

Was Sereno denied due process because some Justices did not inhibit themselves from the case due to alleged bias?

Can the Court consider the failure to file SALNs as a basis to disqualify Sereno from her position as Chief Justice?

Does the one-year prescriptive period under the Rules of Court apply to the State in a quo warranto action?

Did the Court err in annulling the JBC's act and the President's appointment of Sereno?

Is the determination of "proven integrity" a matter solely within the discretion of the JBC?

RULING:

Answer: The Supreme Court ruled in favor of the petitioner, granting the quo warranto petition and ousting Maria Lourdes P.A. Sereno from the position of Chief Justice. The Court found that she was not qualified for the position due to her lack of proven integrity, stemming from her failure to file SALNs.

Legal Basis:

Judicial Power: The Constitution defines judicial power as a “duty” to be performed by the courts of justice. The Supreme Court has the power to resolve legal questions and determine if there has been grave abuse of discretion by any government branch.

Quo Warranto: Quo warranto is a legal action to challenge a person’s right to hold public office. The court's quo warranto jurisdiction extends to impeachable officers.

Due Process: Due process requires an impartial tribunal, but a mere imputation of bias or partiality is not enough for inhibition, especially when the charge is without basis.

Integrity: Integrity, in relation to a judge’s qualifications, should not be viewed separately from the institution they represent. It entails both adherence to the highest moral standards and obedience to laws, including compliance with SALN laws.

SALN Requirement: The filing of SALNs is a positive duty required of every public officer, and a violation of SALN laws defeats any claim of integrity. The submission of SALNs is a prerequisite for applicants to the Judiciary.

Prescriptive Period: The one-year prescriptive period under the Rules of Court for filing a quo warranto petition does not strictly apply to the State, particularly when the State was prevented from discovering the disqualification due to the actions of the public officer.

JBC's Discretion: The determination of whether a nominee possesses the requisite qualifications is based on facts and does not depend solely on the JBC's discretion. The JBC cannot go beyond or less than what the Constitution prescribes.

Burden of Proof: In quo warranto cases filed by the State, the burden of proof is on the defendant to show their right to the title of the office.

Application:

The Court asserted its jurisdiction over the quo warranto petition, stating that it was its duty to resolve a legal question regarding Sereno’s qualifications as Chief Justice. The Court also noted that it had previously exercised jurisdiction over quo warranto challenges involving impeachable officers.

The Court found that Sereno was not denied due process, as her claims of bias and impartiality were unsubstantiated.

The Court determined that Sereno's failure to file a substantial number of SALNs and submit them to the JBC demonstrated a lack of proven integrity, a constitutional requirement for holding the position of Chief Justice. The Court held that the SALN issue was central to the qualification of integrity required for the Chief Justice.

The Court ruled that the prescriptive period did not apply to the State in this case, since Sereno's actions prevented the State from discovering her disqualification within the one-year timeframe.

The Court did not err in annulling the official act of the JBC because the JBC could not go beyond what the Constitution prescribes.

The Court stated that "proven integrity" is a factual matter, not a discretionary one, and is not dependent on the JBC alone.

Conclusion: The Supreme Court granted the quo warranto petition, declaring Maria Lourdes P.A. Sereno ineligible for the position of Chief Justice due to her failure to demonstrate the required "proven integrity" by not filing her SALNs. The Court ordered her ouster from the position.

DOCTRINE OF THE CASE:

The Supreme Court has jurisdiction over quo warranto petitions against impeachable officers when questions of eligibility arise.

A failure to file SALNs is a serious offense and a violation of the Constitution, which can lead to a finding of lack of integrity.

Prescriptive periods do not apply to the State when it is acting in its sovereign capacity, and particularly when the public officer being challenged had actions that prevented the discovery of their disqualification.

The determination of "proven integrity" is a factual matter based on compliance with laws and cannot be left solely to the discretion of the JBC.

In quo warranto cases filed by the state, the burden of proof is on the defendant to show their right to the title of the office.

RATIO OF THE CASE:

The ruling emphasizes that the Supreme Court's judicial power includes the duty to resolve legal questions regarding the qualifications of public officials, including impeachable ones.

The decision establishes that integrity is a crucial qualification for public office, especially within the judiciary, and this includes compliance with laws such as SALN requirements.

It clarifies that the State’s right to question an official’s qualifications cannot be easily barred by time limitations, especially when the official has acted in a way that prevents the discovery of their ineligibility.

The case underscores that the JBC's function is to ensure that appointees meet all constitutional qualifications, and it does not have the discretion to ignore or diminish those requirements, particularly the one on “proven integrity”.

The ruling shows that when the State is the party questioning a public official’s right to office in a quo warranto proceeding, the burden of proof is on the public official to justify their title to the position.

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lifewithne · 5 years ago

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ABS-CBN's Franchise Death rings the death knell of Press Freedom?

Ne Alawas Cadiog

JULY 10, 2020 marked the beginning of the death knell of Press Freedom after the House of Representatives tolls the ABS-CBN's franchise application to a dire conclusion. Voting with 70 yes, 11 no, 1 abstain, and 2 inhibits, the House of Representatives denies franchise renewal of the Kapamilya network.

Photo courtesy: PhilStar.com

Photo shows the ABS-CBN compound in Quezon City on May 05, 2020 after the National Telecommunications Commission ordered its shutdown.

The network, which is the largest media conglomerate in the country, faced the threat of a network shut down due to its expired franchise on March 30, 2020.

This was when Solicitor General Jose Calida also filed a Quo Warranto petition in the Supreme Court against ABS-CBN claiming that the corporation is partly-owned by foreigners. ABS-CBN rebutted this claim saying that Philippine Depositary Receipts or PDRs do not refer to ownership, but rather, investments to sustain the corporation's growth.

After ABS-CBN being killed off-air, over 10,000 employees lose their jobs, and subsequent consequences may be feared. With the renewal of their franchise being blocked, organizations and journalists see this as proof of the vindicativeness of the government.

What are the violations of the network as stated in the argument debated over during the span of 12 hearings?

•Critics had accused ABS-CBN of illegal foreign ownership.

➡ Justice Undersecretary Emelline Aglipay-Villar testified in the hearings that ABS-CBN Corporation chairman emeritus Eugenio "Gabby" Lopez III is a Filipino because his parents are Philippine citizens, said Zarate.

DOJ: ABS-CBN's Gabby Lopez Filipino citizen from birth. Lopez earlier told congressmen that he was also a dual American citizen because he was born in the US.

"There’s no distinction made between pure Filipino and dual citizens" when it comes to participation in mass media, said Bayan Muna Party List Representative Carlos Zarate, quoting Justice Assistant Secretary Nicholas Ty.

The Securities and Exchange Commission also testified that "a dual citizen is 100 percent Filipino," Zarate added. SEC agrees, dual citizens are '100 percent Filipino'

• Accusation on the Foreign Ownership

➡SEC Commissioner Ephyro Luis Amatong, noted by Zarate, stated that ABS-CBN's Philippine Depositary Receipts "do not reflect transfer of ownership to foreigners."

PDRs allow foreigners to invest without violating PH laws, says Monsod ABS-CBN PDRs 'compliant' with law.

• On Tax Violation

➡Contrary to allegations of tax irregularities, the Bureau of Internal Revenue testified that the network regularly settled taxes and is one of the country's top taxpayers. In addition, Philippine Economic Zone Authority officials also said the broadcaster has no tax shield. BIR says ABS-CBN has no tax deliquency

•On allegations of election coverage bias

➡The Commission on Elections said the network did not violate any poll law. No complaints vs ABS-CBN on election bias.

ABS-CBN news chief Ging Reyes said that Journalism a 'public service'.

•Violation of Worker's Rights

➡Quoting the labor department, Zarate said that it was typical for any big company to face labor cases and that ABS-CBN complied with standards.

DOLE exec stated that ABS-CBN 'fully compliant' with labor standards.

Before the votation of the House of Representatives happened, the Technical Working Group (TWG) of the Committee on Legislative Franchises after their findings and recommendation which was contained in their 40 pages TWG report, recommends to deny new franchise for ABS-CBN. Consequently, 70 representatives vote "yes" to the denial of their franchise, while 11 representatives stand in favor of ABS-CBN franchise renewal; 2 inhibit, and 1 abstain.

A copy of the TWG Resolution

Here is the list of 70 Representatives who voted for the approval of the TWG recommendation:

1. Rep. Abraham Tolentino

2. Rep. Antonio Albano

3. Rep. Faustino Michael Dy

4. Rep. Jose Antonio Sy-Alvarado

5. Rep. Cyrille Abueg-Zaldivar

6. Rep. Faustino Dy V

7. Rep. Dale Malapitan

8. Rep. Eric Martinez

9. Rep. Divina Grace Yu

10. Rep. Julienne Baronda

11. Rep. Anthony Peter Crisologo

12. Rep. Luis Ferrer IV

13. Rep. John Marvin Nieto

14. Rep. Strike Revilla

15. Rep. Samantha Louise Alfonso

16. Rep. Rolando Valeriano

17. Rep. Joaquin Chipeco Jr.

18. Rep. Eduardo Gullas

19. Rep. Eleandro Jesus Madrona

20. Rep. Frederick Siao

21. Rep. Ian Paul Dy

22. Rep. Gil Acosta

23. Rep. Weslie Gatchalian

24. Rep. Prescious H. Castelo

25. Rep. Alyssa Sheena Tan

26. Rep. Christian Unabia

27. Rep. Raymond Mendoza

28. Rep. Jericho Nograles

29. Rep. Yedda Romualdez

30. Rep. Eric Yap

31. Rep. Claudine Bautista

32. Rep. Esmael Mangudadatu

33. Rep. Enrico Pineda

34. Rep. Dulce Ann Hofer

35. Rep. Sharon Garin

36. Rep. Arnolfo Teves Jr.

37. Rep. Janette Garin (Ex-Officio)

38. Rep. Paulo Duterte

39. Rep. J. F. Nograles (F. Hernandez)

40. Rep. Conrado III Estrella

41. Rep. Sandro Gonzales (Rep. P. Pichay)

42. Rep. Mike Defensor (Rep. R. Puno)

43. Rep. Allan Ty (Rep. A. Gonzales)

44. Rep. F. Matugas (Rep. J. Pimentel)

45. Rep. Luis Villafuerte Jr.

46. Rep. Raneo Abu

47. Rep. Dan Fernandez

48. Rep. Rodante Marcoleta

49. Rep. Henry Oaminal

50. Rep. Pablo John Garcia

51. Rep. Deogracias ‘DV’ Savellano

52. Rep. F. Datol (Rep. M. Romero)

53. Rep. Ferdinand Martin Romualdez

54. Rep. Jesus Crispin Remulla

55. Rep. Juan Miguel Macapagal Arroyo

56. Rep. Cristal Bagatsing

57. Rep. Juan Pablo Bondoc

58. Rep. Elpidio Barzaga Jr.

59. Rep. Bernadette Herrera-Dy

60. Rep. Xavier Jesus Romualdo

61. Rep. A. Calixto (Rep. J. Lacson-Noel)

62. Rep. Wilter Palma II

63. Rep. Ma. Theresa Collantes

64. Rep. Ria Christina Fariñas

65. Rep. Camille Villar

66. Rep. Roger G. Mercado

67. Rep. Sharee Ann Tan

68. Rep. Joseph Stephen Paduano

69. Rep. Bayani Fernando

70. Rep. Jose Singson Jr.

Names of the 11 Congressman/Congresswomen who voted against the TWG resolution:

1. Rep. Sol Aragones

2. Rep. Christopher de Venecia

3. Rep. Carlos Zarate

4. Rep. Gabriel Bordado Jr.

5. Rep. Vilma Santos-Recto

6. Rep. Lianda Bolilia

7. Rep. Jose Tejada

8. Rep. Bienvenido Abante

9. Rep. Stella Quimbo

10. Rep. Mujiv Hataman

11. Rep. Edward Maceda

Abstain:

1. Rep. Alfredo Garbin Jr.

Inhibit:

1. Rep. Alfredo Vargas

2. Rep. Micaela Violago

The House Committe moves to keep ABS-CBN off-air and put a halt on their operation even though BIR, DOLE, COMELEC to name some testified the network to be free of violations. Knowing these facts, do you think this a blow to Press Freedom?

Part 2. 2020 is another 1972: Mirroring the Dark Days of Press Freedom - https://lifewithne.tumblr.com/post/623332805633572864/2020-is-another-1972-mirroring-the-dark-days-of

Part 3. Flipping the Other Side of the Coin: On Abuse of Press Freedom - https://lifewithne.tumblr.com/post/623323812956684288/flipping-the-other-side-of-the-coin-on-abuse-of

(Here are the links where you can view the 40 pages TWG findings and recommendation:

https://lifewithne.tumblr.com/post/623392185550782464/page-1-10-of-the-twg-findings-of-the-abs-cbns

https://lifewithne.tumblr.com/post/623392290268954624/page-11-20-of-the-twg-findings-on-abs-cbns

https://lifewithne.tumblr.com/post/623392375248715776/pages-21-30-of-the-twg-findings-on-abs-cbns

https://lifewithne.tumblr.com/post/623392458452123648/pages-31-40-of-the-twg-findings-on-abs-cbns

Published on July 10, 2020

Sources:

https://www.facebook.com/100002510464970/posts/3142671032493215/?sfnsn=mo

https://newsinfo.inquirer.net/1197788/ill-see-to-it-that-youre-out-president-tells-abs-cbn?utm_medium=Social&utm_source=Facebook#Echobox=1594365959

https://cnnphilippines.com/news/2020/7/10/ABS-CBN-House-franchise-vote.html?fbclid=IwAR3s2_uPsg4rRTIHcUhwYX0z8rFUpze4nHSgUx_L8X1DklrRiCTQqb6AmPA

https://cnnphilippines.com/news/2020/7/10/abs-cbn-franchise-denied-.html?fbclid=IwAR1bt4n9Jx3DL6zQ8nFJKLvhyTnwQxH1tQ9V2VQ0E3Z94fyOugqt6p9_jL0

https://www.philstar.com/headlines/2020/07/10/2027049/list-lawmakers-who-voted-and-against-abs-cbn-franchise-renewal

#Press Freedom

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southeastasianists · 5 years ago

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For only the second time in its history, ABS-CBN has gone off the air.

The National Telecommunications Commission ordered the giant broadcast network on Tuesday to stop operations due to the expiry of its legislative franchise.

The first time it was forced off the air was in September 1972 when the then president Ferdinand Marcos placed the country under martial law.

The network signed off at 7:52 p.m. on Tuesday, after airing the national anthem, naming its engineers and its TV stations.

The shutdown covers five AM stations, including DZMM, 18 FM stations and 42 TV stations, including Channels 2 and 23.

Top ABS-CBN executives appeared on its flagship newscast TV Patrol to appeal for support to get the network back on air.

“Ipadama, isaad at ipadinig po natin ang ating nararamdaman sa pagsasara ng ating ABS-CBN. Sa oras na ito, kami naman po ang humihingi ng inyong pagdamay,” ABS-CBN President and CEO Carlo Katigbak said.

[Translation: Let us make them feel and let them hear what we are feeling about the closure of our ABS-CBN. At this time, we are asking for your solidarity.]

“Masakit sa amin na ipinasasara kami, pero masakit rin ito para sa milyun-milyong mga kababayan natin naniniwalang ang aming serbisyo ay mahalaga sa kanila,” ABS-CBN Corporation chairman Mark Lopez said.

[Translation: It’s painful for us that we are being ordered to close, but this is also painful for the millions of our countrymen who believe that our service is important to them.]

The NTC on Tuesday ordered ABS-CBN to cease broadcasting operations due to the expiry of its legislative franchise, walking back from its promise to legislators last March to issue a provisional permit pending its renewal.

The commission also asked ABS-CBN to explain within ten days why the frequencies assigned to it should not now be recalled.

NTC Deputy Commissioner Edgardo Cabarios told CNN Philippines that there was no other option but to issue a cease and desist order for the media giant.

“Wala na pong [There is no] basis of the authorization granted. Since wala na pong [there is no longer an] authority, they have to stop operating,” Cabarios said. “We do not have any option but to comply with the law. We have to comply with the law.”

The NTC had earlier committed to the House Committee on Legislative Franchises that it will give ABS-CBN a provisional authority to operate pending the grant of a fresh 25-year franchise to the company.

This, however, was opposed by Solicitor General Jose Calida, saying that there is no law delegating the powers of Congress to approve franchises to the NTC. He even warned of graft charges for NTC commissioners if they made good with their promise.

Calida’s view differs from Justice Secretary Menardo Guevarra, who believes that no law governs the situation ABS-CBN is currently in, which should have given the NTC more leeway in allowing the network to continue operating.

“Considering that it has allowed other companies before in the same situation like PT&T, Smart and CBCP (Catholic Bishops Conference of the Philippines), it would just be fair and non-discriminatory if the NTC will continue to allow also ABS-CBN to operate while awaiting the action of Congress on the renewal of the franchise bill,” Guevarra said.

Several lawmakers who were dismayed by the NTC’s move said ABS-CBN can still challenge this before a court and secure a temporary restraining order.

While its TV and radio stations across the country have been shut down, the NTC said ABS-CBN can still continue delivering content through other media.

ABS-CBN News explained that the network can continue delivering content through its online platforms and through its cable news channel ANC.

Numerous bills seeking to grant ABS-CBN Corporation a fresh 25-year franchise remain pending in Congress.

Media outlets, as well as electricity companies and cable TV providers, are required to secure legislative franchises. Such bills must first be approved by the House of Representatives before they are acted upon by the Senate.

President Rodrigo Duterte has been publicly ranting against ABS-CBN since assuming office, saying that the network refused to carry his campaign commercials even if they have been already paid for.

In 2018, Duterte said he will block the renewal of the network's franchise. Last year, he told the Lopez family to just sell the company to a new owner to boost its chances of staying in business.

However, the President accepted the apology offered by ABS-CBN President Carlo Katigbak during a Senate hearing for airing an anti-Duterte ad during the 2016 campaign which was paid for by the opposition.

#abs-cbn #philippines

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visualbandaids · 5 years ago

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Hello. One thing I’ve learned in college is to always lay the facts on the table when possible not merely to feed an ego but for the purpose of education.

re: ABS-CBN SHUTDOWN. I'll just leave it here.

• ABS-CBN’s 25 year-franchise has expired.

• The network complied with all the legal conditions and there are more than 10 franchise renewal bills since 2016 up until 2019 that were deliberately snubbed by the Congress:

• Due to COVID-19 crisis, the hearing sessions in the Congress were on hold and granted ABS-CBN to operate until such time the session will resume.

• Solicitor General Jose Calida reiterated that franchise renewal is a “privilege” not a “right” which is just and compliant under Philippine laws.

“Franchise is a privilege.” Yes, that’s why they applied for a renewal because everyone knows that this is a privilege and it should be approved.

• Tax Evasion? BIR already cleared ABS-CBN.

• FICTAP complaints against digibox and having too many channels. I read that ABS-CBN uses the same frequency for 25 years in all channels. The renewal of a franchise includes the renewal of the permit to use the frequency. One frequency can carry "channel/s."

Republic Act No. 7966:

• It was also clarified during the Congress and Senate hearing that ABS-CBN did not violate such laws for the PPV and KBO channel of TV Plus. But if found guilty, they can only be fined P200.00:

• ABS-CBN once and for all clarified all issues including what FICTAP is citing when they attended the Senate hearing. ABS-CBN's TV Plus was empowered by the Digital Television Act.

• To provide you more information, here's the full video of the Senate Hearing last February 2020:

youtube

To conclude, it is not about ABS-CBN as an entity, I will do the same if they will go after GMA, TV5 or the others.

Our democracy is a byproduct of nationalism of our heroes, our great leaders in the past who fought for injustices, who fought for equal rights, for us to be recognized as an independent nation. The very reason why we are enjoying what we have right now.

Lastly, if you have the audacity to rejoice at the fact that thousands of people are now unemployed and that a media network who's primary goal is to be of service has been shutdown, then you should be ashamed of yourself.

I hope you're safe and secured in whatever privileged hole you're in right now.

#Hindi ako nagtatrabaho sa ABS-CBN pero alam ko ang TAMA sa MALI #DefendPressFreedom #✊

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sonhianadhia · 4 years ago

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ABS-CBN Struggles for a Franchise Renewal

Sonhia Nadhia

Philippines is recognized for having the most liberated press in Asia, where the media helps in maintaining the checks and balances of the government; thus, it is known as the “fourth estate” and the “watchdog” of the country. However, despite of being free, Philippines is ironically ranked as one of the most dangerous countries for journalists.

Recently, the issue of the ABS-CBN franchise renewal has alarmed not only individuals in the media industry, but also the supporters of the network. ABS-CBN broadcast network is one of the oldest and most influential media networks in the Philippines, which is owned by the Lopez family.

Last February 10, 2020, Solicitor General Jose Calida filed a quo warranto petition before the Supreme Court against ABS-CBN’s franchise claiming that the corporation is offering paid broadcasts without the government’s approval, and by allegedly allowing foreign ownership of the giant network. However, ABS-CBN stated that all their broadcast offerings, including KBO, have received the necessary government and regulatory approvals and are not prohibited by their franchise.

A ribbon with colors of red, green, and blue being posted in social media to show support for the network.

ABS-CBN’s Answers to all of Calida’s Accusations:

ACCUSATION #1: Kapamilya Box Office (KBO) is illegal because ABS-CBN offered it as a pay-per-view product without the proper permits from the National Telecommunications Commission (NTC), therefore a violation of its franchise.

ANSWER: It was ABS-CBN Convergence that offered KBO as a value-added-service. Convergence, the comment said, "sought and obtained NTC approvals."

ACCUSATION #2: The NTC ordered ABS-CBN in 2019 to refrain from offering pay-per-view services.

ANSWER: The NTC actually "approved" its pay-per-view service in the said 2019 order, but imposed a condition that its service "shall be subject to such Conditional Access guidelines that the Commission or any other relevant government agency may hereafter issue."

ACCUSATION #3: Pay-per-view is in itself illegal because franchise holders are not allowed to derive income other than from its paid advertisements.

ANSWER: ABS-CBN cited Justice Secretary Menardo Guevarra's legal opinion issued to NTC upon request in 2018, saying that "we find it clear enough that broadcast companies can engage in Conditional Access (CA) or Conditional Access System (CAS) and, for the same reason, can offer TV pay-per-view services."

ABS-CBN quoted, “The Office of the Solicitor General’s filing of quo warranto case against ABS-CBN on alleged violations of its franchise appears to be an effort to shut down ABS-CBN to the serious prejudice of millions of Filipinos who rely on the network for news, entertainment and public service. ABS-CBN complies with all the pertinent laws governing its franchise and has secured all necessary government and regulatory approvals for its business operations.”

Supporters and employees of ABS-CBN rallying in front of the network’s main office in Quezon City on July 10, 2020. Photo by Miquel de Guzman, The Philippine Star.

Consequently, on May 5,2020, the National Telecommunications Commission (NTC) has issued a “cease and desist” order against ABS-CBN due to the expiration of its congressional franchise on May 4, 2020.

A cease and desist letter puts a person or business on notice that they are engaging in illegal activities, and if they do not stop, they will pursue legal actions.

Thus, due to the cease and desist order, the giant network had to immediately close its 42 television stations across the country, including the main ABS-CBN network, ABS-CBN Sports and Action, ten digital broadcast channels, 18 FM stations, and five A.M stations.

This July 10, 2020, the House committee on legislative franchise denied the network for a fresh license to operate with a voting of 70-11. Therefore, we can say that ABS-CBN has already met its death with its objective to stand and fight for press freedom. Nevertheless, who knows what the future might bring.

LIST OF THE 11 LAWMAKERS WHO VOTED FOR ABS-CBN TO RETURN ON AIR

· Bienvenido Abante Jr, Manila 6th District

· Carlos Isagani Zarate, Bayan Muna party-list

· Christopher De Venecia, Pangasinan 4th District

· Edward Vera Perez Maceda, Manila 4th District

· Gabriel Bordado Jr, Camarines Sur 3rd District

· Jose "Ping-Ping" Tejada, North Cotabato 3rd District

· Lianda Bolilia, Batangas 4th District

· Mujiv Hataman, Basilan

· Sol Aragones, Laguna 3rd District

· Stella Luz Quimbo, Marikina 2nd District

· Vilma Santos-Recto, Batangas 6th District

Sources:

https://www.google.com/amp/s/theaseanpost.com/article/abs-cbn-shutdown-controversy%3famp

https://www.google.com/amp/s/amp.rappler.com/newsbreak/iq/251464-explainer-legal-points-calida-quo-warranto-petition-vs-abs-cbn

https://www.google.com/amp/s/amp.rappler.com/nation/266169-closing-arguments-abs-cbn-franchise-hearing-july-9-2020

https://www.google.com/amp/s/amp.rappler.com/newsbreak/iq/252600-explainer-abs-cbn-defense-supreme-court-quo-warranto-case

https://en.m.wikipedia.org/wiki/ABS-CBN_franchise_renewal_controversy

https://www.cnnphilippines.com/news/2020/2/10/ABS-CBN-we-did-not-violate-law.html

https://news.abs-cbn.com/news/07/10/20/who-were-the-11-congressmen-who-voted-for-the-abs-cbn-franchise

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yvoire-abad · 4 years ago

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Ang Pagtatanggal ng Filipino at Panitikan

ni: Yvoire Rhoemer C. Abad

Ano kaya mangyayari kung tatanggalin natin ang Filipino at Panitikan sa kurikulum ng kolehiyo? Sa tingin natin ba, may positibong epekto pa rin ba ito sa atin o lamang may negatibong epekto lang ito ay matatamaan sa atin, bilang mag-aaral?

Para sa akin, parang hindi dapat tatanggalin ang Filipino at Panitikan, dapat manatilihin pa rin ang dalawa na ito. Kung tatanggalin natin, edi hindi na natin mapapalawak pa ang kaalaman natin pagdating sa gramatika sa filipino. Hindi na tayo magiging united pagdating sa wika dahil iba iba na ang gusto nating wika na gamitin. Hindi matutunan ng mga kabataang pinoy ang ating wika. Isipin natin na lang, Pilipino tayo, tayo dapat mismo ang mag payabong pa ng ating sariling wika. Pero, bakit tayo pa mismo ang kusa ditong lumilimot? Ayon kay Solicitor General Jose Calida, tama lang daw na tanggalin ang wikang Filipino at panitikan sa bilang paksa sa kolehiyo sapagkat kabilang na ang mga ito sa K-12 Basic Education Curriculum. May kapangyarihan din umano na mamili ang CHED kung anong subjek ang dapat mapabilang sa . Ang CHED ay nag-desisyon na tanggalin na ang Filipino sa mga asignatura sa kolehiyo dahil ito ay napag-aaralan na ng mga mag-aaral bilang pinapatupad na ang K-12 Education System sa ating bansa. Kung tutuusin nga naman ay ilang taon ng pinag-aaralan ng mga estudyante ang Filipino at panitikan subalit ang pangunahin wika ng ating bansa ay Filipino. Marami parin naman sa atin ang nalilito at nagkakamali lalo na sa wastong gamit ng mga salita Filipino. Dahil makapangyarihan ang CHED na magpatupad ng kanilang gusto maraming mga guro ang umalma dito. Maging ang mga estudyante ay tutol sa pagbabagong gusto ng CHED. Magkakaroon ng estudyante sa kolehiyo na may kakulangan ng kaalaman sa Filipino at Panitikan. Paano pag-nakalimutan na din ang kultura ng bansa kung patuloy na tatanggalin ang subject na Filipino sa kurikulum sa kolehiyo? Hindi ako napapayag mang-yari ito. Sa pagtanggal ng Filipino at Panitikan, nawalaan ng trabaho ang mga ibang guro na nagtuturo sa mga subjek na ito.

Bilang pagtatapos, importante ang Filipino at Panitikan sa atin, lalo na, bilang Filipino. Ito ay madalas ginamit natin na salita bilang pangunahing wika sa Pilipinas. Naisasalaysay natin ang buhay, pamumuhay, lipunan, pamahalaan, pananampalataya at iba pa, galing sa Panitikan.

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precisedblog · 5 years ago

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A timeline of the events leading up to the closure of the ABS-CBN network

If you’re a Filipino, you probably grew up watching shows on the ABS-CBN channel. After all, they are the largest media conglomerate in the country. Numerous television and radio stations are under their umbrella—including ABS-CBN, ANC, Cinema One, Myx, and My Only Radio. They are a fixture of Filipino pop culture, and serve as a source of news and information for millions. It’s no surprise that the decision of the National Telecommunications Commission (NTC) to issue a cease and desist order against the network shocked many Filipinos.

Image source: Patrick Roque, Wikimedia Commons

But even before the network signed off on May 5th at 7:52pm, the media giant was already subject to multiple threats. Their franchise was pending renewal at the House of Representatives since 2014, and three iterations of congress have left these bills untouched.

In November 2018, President Rodrigo Duterte publicly announced his objection against the renewal of ABS-CBN’s franchise during a ceremony in Boracay. He attributes this to the network’s failure to air his political campaign ads in 2016, as well as the broadcast of Senator Antonio Trillianes’ advertisement. The latter was controversial for criticizing Duterte’s demeanor and remarks. He also called the company “thieves”.

youtube

Known presidential ally and Senator Bong Go reaffirmed Duterte’s stand on the network during a hearing in February 2020. Go stated that while the president is “not vindictive”, the president was hurt by the fact that the political ads did not make it to air. He also showed Trillianes’ clip, which highlighted Duterte’s controversial remarks on rape during the 2016 presidential campaign.

Sen. Bong Go: Hindi po vindictive ang ating Pangulo... Siguro nakahanap lang kayo ng isang pangulong kumakasa talaga. #ABSCBNFranchise | via @michael_delizo pic.twitter.com/zGm6HFZSyn

— ABS-CBN News Channel (@ANCALERTS)

February 24, 2020

The same month, Duterte stated that he will leave the decision of the franchise renewal to the House of Representatives, after ABS-CBN president and CEO Carlo Katigbak issued an apology. Solicitor General Jose Calida then filed a quo warranto petition against ABS-CBN. Calida cites the network’s pay-per-view services as grounds for the petition, and also mentioned the network’s ties with foreign companies. According to the petition, “criminal liability is also imposed on those who violate foreign equity restrictions and evade nationalization laws of the Philippines through various modes of proxy arrangement”.

On February 24, congress finally began tackling the issue of renewing the franchise. Multiple government agencies and offices stated that the network made no violations. This means that the company had no pending tax requirements and that the network’s pay-per-view services are covered by franchise laws. The Senate hearing concluded that no breaches were made against the law.

Image source: Paolo Romero, The STAR

The NTC then stated that they may issue a provisional authority to the company, allowing them to continue operating while congress tackles franchise renewal. Calida then fired back at the NTC on May 3rd, saying that the agency may be prosecuted for the act. Two days later, a cease and desist order was issued by the NTC, and the network went off the air the same evening.

Upon issue of the cease and desist order, social networking sites were filled with posts voicing out support for the network. Universities and organizations issued statements calling out the shutdown of the network as an act against press freedom. On top of that, people express concerns over the 11, 000 people whose jobs are at stake due to the situation.

LOOK: The De La Salle University lit up the St. La Salle Hall in the colors of red, blue, and green in solidarity with ABS-CBN as it goes off-air tonight, May 5, 2020, following a cease and desist order from the National Telecommunications Commission. (📷: DLSU Facebook page) pic.twitter.com/vUwHM6Cltu

— ABS-CBN News (@ABSCBNNews)

May 5, 2020

READ: UST JOURNALISM SOCIETY STATEMENT ON THE CEASE AND DESIST ORDER ISSUED BY THE NATIONAL TELECOMMUNICATIONS COMMISSION TO ABS-CBN#DefendPressFreedom#NoToABSCBNShutDown #RedefinedUSTJRN pic.twitter.com/ctx35Ikjpe

— The UST Journalism Society (@ustjrnsoc)

May 5, 2020

At a time like the COVID-19 pandemic, the accessibility of information is crucial. For some parts of the country, ABS-CBN is the sole network whose signals are picked up by local antennas. While the company’s cable networks and online platforms remain standing, being able to broadcast at the local TV channel is important to ensure the wide reach of news and current affairs.

Image source: Patrick Roque, Wikimedia Commons

The closure of the network is a cause of concern for press freedom in the Philippines. As more and more news reports cast a bad light on the government, it remains to be seen if the powers that be will allow media outlets to be “in service of the Filipino people”.

References

Buan, L. (2020, February 18). Calida moves to gag ABS-CBN on quo warranto case. Retrieved from Rappler: https://www.rappler.com/nation/252095-calida-motion-gag-order-supreme-court-abs-cbn-quo-warranto-case

Cabato, R. (2020, May 5). Philippines orders its largest broadcaster off the air as nation fights virus. Retrieved from The Washington Post: https://www.washingtonpost.com/world/asia_pacific/philippines-orders-its-largest-broadcaster-off-the-air-as-nation-fights-virus/2020/05/05/3d172b60-8eb4-11ea-9322-a29e75effc93_story.html

Cabico, G. K. (2020, February 24). Senators maintain nothing wrong, unconstitutional with ABS-CBN franchise hearing. Retrieved from Philstar: https://www.philstar.com/headlines/2020/02/24/1995699/senators-maintain-nothing-wrong-unconstitutional-abs-cbn-franchise-hearing

Gomez, J. (2020, May 6). Watchdog Calls Closure of Philippines' Biggest Broadcaster an 'Outrageous Attack' on Media Freedom. Retrieved from Time: https://time.com/5832614/philippines-abs-cbn-shutdown-duterte-press-freedom/

Gregorio, X. (2020, May 5). ABS-CBN goes off air following NTC order. Retrieved from CNN Philippines: https://www.cnn.ph/news/2020/5/5/ABS-CBN-off-air-NTC.html

Ignacio, E. N. (2013). The Challenges of On-Line Diaspora Research. In S. J. Gold, & S. J. Nawyn, Handbook of International Migration (p. 549). London: Routledge.

Placido, D. (2018, November 8). Duterte to 'object' to ABS-CBN franchise renewal. Retrieved from ABS-CBN News: https://news.abs-cbn.com/news/11/08/18/duterte-to-object-to-abs-cbn-franchise-renewal

Presidential Communications Operations Office. (2018, November 8). Speech of President Rodrigo Roa Duterte during the ceremonial distribution of the Certificates of Land Ownership Award (CLOA) to Agrarian Reform beneficiaries. Retrieved from Presidential Communications Operations Office: https://pcoo.gov.ph/presidential-speech/speech-of-president-rodrigo-roa-duterte-during-the-ceremonial-distribution-of-the-certificates-of-land-ownership-award-cloa-to-agrarian-reform-beneficiaries/

Rey, A. (2020, February 24). Bong Go: It's those anti-Duterte ads on ABS-CBN that got the boss’ goat. Retrieved from Rappler: https://www.rappler.com/nation/252558-bong-go-on-anti-duterte-ads-abs-cbn-senate-hearing

Yap, D., Pazzibugan, D. J., Salaverria, L. B., & Gascon, M. (2020, February 2020). Duterte to ABS-CBN: Apology accepted but franchise up to House. Retrieved from Inquirer: https://newsinfo.inquirer.net/1233949/duterte-to-abs-cbn-apology-accepted-but-franchise-up-to-house

#ABS-CBN #Press Freedom #Blog #Article #News #Press #Philippines #Filipinos #Defend Press Freedom

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myrandompieces · 5 years ago

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The Battle for Press Freedom

Photo courtesy: Time Magazine

When Covid-19 hits the Philippines, the economy went down. The struggle for life, food to survive and the freedom to know has been crucial. News provides necessary information that we need to be able to understand the virus, to know what are the do's and dont's. But the government deprived this country the freedom to know when they chooses to imprisoned Miss Maria Resa and denying ABS-CBN to renew their franchise amid the Covid-19. "This is a big blow against press freedom in our country and deprived millions of Filipinos of new, entertainment and assistance!" Rodriguez said in a Viber message. (Cepeda, 2020)

There's no exact law that protect and uphold press freedom in the Philippines but there's the 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE III. The Bill on Rights Section five says "No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances."

This is the reason why the Philippines is the fifth deadliest country for journalist (Salaverria, 2019) because it's not directed to protect the life and right of every journalist to press freedom disintegrating the media.

President Rodrigo Duterte has personally vowed to put the channel and its subsidiaries out of business, even telling its executives to just sell the company. He earlier also publicly spoke about his ire against ABS-CBN for not airing his political ads during the May 2016 elections, where he eventually won. However, Calida insisted that the case is not motivated by politics. (CNN, 2020)

Photo courtesy: The New York Times

Last May 4 the franchise of ABS-CBN has expired and the government denies for renewal because of the "network’s alleged violations of its franchise, the Constitution, labor and tax laws, and biased reporting and meddling in politics." (Dela Cruz, 2020) "The National Telecommunications Commission has since ordered it to cease its television and radio operations and to stop broadcasting its TV Plus and Sky Direct channels." (Cepeda, 2020)

When the dual citizenship of ABS-CBN chairman emeritus Eugenio “Gabby” Lopez III was questioned, the Department of Justice confirmed he is both Filipino and American. Bureau of Internal Revenue officials also repeatedly told lawmakers that ABS-CBN had been paying the proper taxes in the past two decades. (Cepeda, 2020)

Even the defenders of ABS-CBN in the House of Representative insisted the network deserve a new franchise because the government officials cleared them of any wrong doing. Which is ironic because the government agencies contradicts the allegations of lawmakers.

The hearing ended with 70 votes denying the network for franchise renewal and 11 in favor, two inhibited and one abstained.

Photo courtesy: ABS-CBN

1. Rep. Raneo Abuse

2. Rep. Cyrille Abueg-Zaldivar

3. Rep. Gil Acosta

4. Rep. Atonio Albano

5. Rep. Samantha Louise Alfonso

6. Rep. Juan Miguel Macapagal Arroyo

7. Rep. Cristal Bagatsing

8. Rep. Julienne Baronda

9. Rep. Elpidio Barzaga Jr.

10. Rep. Claudine Bautista

11. Rep. Juan Pablo Bondoc

12. Rep. Antonio Calixto

13. Rep. Prescious Castelo

14. Rep. Joaquin Chipeco Jr.

15. Rep. Ma. Theresa Collantes

16. Rep. Anthony Peter Crisologo

17. Rep. Francisco Datol

18. Rep. Mike Defensor

19. Rep. Paulo Duterte

20. Rep. Faustino Michael Dy

21. Rep. Faustino V. Dy

22. Rep. Ian Paul Dy

23. Rep. Conrado Estrella III

24. Rep. Ria Christina Fariñas

25. Rep.Dan Fernandez

26. Rep. Bayani Fernando

27. Rep. Luis Ferrer IV

28. Rep. Pablo John Garcia

29. Rep. Janette Garin

30. Rep. Sharon Garin

31. Rep. Weslie Gatchalian

32. Rep. Sandro Gonzales

33. Rep. Eduardo Gullas

34. Rep. Bernadette Herrera-Dy

35. Rep. Dulce Ann Hofer

36. Rep. Eleandro Jesus Madrona

37. Rep. Dale Malapitan

38. Rep. Esmael Mangudadatu

39. Rep. Rodante Marcoleta

40. Rep. Eric Martinez

41. Rep. Francisco Matugas

42. Rep. Raymond Mendoza

43. Rep. Roger Mercado

44. Rep. John Marvin Nieto

45. Rep. Jose Fidel Nograles

46. Rep. Jericho Nograles

47. Rep. Henry Oaminal

48. Rep. Joseph Stephen Paduano

49. Rep. Wilter Palma II

50. Rep. Enrico Pineda

51. Rep. Jesus Crispin Remulla

52. Rep. Strike Revilla

53. Rep. Yedda Romualdez

54. Rep. Ferdinand Martin Romualdez

55. Rep. Xavier Jesus Romualdo

56. Rep. Deogracias Savellano

57. Rep. Frederick Siao

58. Rep. Jose Singson Jr.

59. Rep. Jose Antonio Sy-Alvarado

60. Rep. Alyssa Sheena Tan

61. Rep. Sharee Ann Tan

62. Rep. Arnolfo Teves Jr.

63. Rep. Abraham Tolentino

64. Rep. Allan Ty

65. Rep. Christian Unabia

66. Rep. Rolando Valeriano

67. Rep. Luis Villafuerte Jr.

68. Rep. Camille Villar

69. Rep. Eric Yap

70. Rep. Divina Grace Yu

11 voted in favor for networks franchise renewal:

1. Rep. Sol Aragones

2. Rep. Christopher De Venecia

3. Rep. Carlos Zarate

4. Rep. Gabriel Bordado

5. Rep. Vilma Santos

6. Rep. Lianda Bolilia

7. Rep. Jose Tejada

8. Rep. Bienvenido Abante

9. Rep. Stella Quimbo

10. Rep. Mujiv Hataman

11. Rep. Edward Maceda

Rep. Alfred Vargas and Rep. Micaela Violago inhibited from voting. Rep. Alfredo Garbin Jr. abstained.

Photo courtesy: Philstar News

Reference

Cepeda, M. July 10, 2020. Rappler.com. Retrieved from

GOV.PH. Official Gazette. Retrieved from

https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-iii/#:~:text=No%20law%20shall%20be%20passed,prohibiting%20the%20free%20exercise%20thereof.

PFA. 2020. Philippine Franchise Association. Retrieved from

Dela Cruz, D. July 8, 2020. The Manila Times. Retrieved from

CNN. February 10, 2020. CNN Philippines. Retrieved from

Rubio, B. July 10, 2020. Philstar Global. Retreived from

Salaveria, L. December 2019. Inquirer.Net. Retreived from

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eunfilm · 5 years ago

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The Law as a Crucible to the Nation: The fate of the franchise renewal of ABS-CBN

Photo by: ABS- CBN PR

“Dura lex sed lex,” a legal term which translates to “it is harsh, but it is the law,” was recently popularized by some Filipinos who supported the decision of the National Telecommunication Commission (NTC) to issue a cease-and-desist order on ABS-CBN because of their alleged violations.

Having overused the legal term, it has since sparked discourse among critiques on, whether or not, the law was executed properly to justify its supposed harshness.

Solicitor General Jose Calida, on February 10, 2020, went to the Supreme Court to raise a concern on the breaches that the network has done to its existing franchise; he claims that the network (1) authorized foreign owners to be able to manipulate the corporation by selling Philippine Depositary Receipts (PDR) to them, as well as (2) operating and presenting the Kapamilya Box Office (KBO) as a separate channel apart from the main ABS-CBN channel. Reacting to Calida’s complaint, the network denies that such claims by Calida are factual (Lopez and Jalea).

Solicitor General Jose Calida raising concern regarding the violations that ABS-CBN has allegedly done (Cervantes, 2020)

Source: cnnphilippines.com

Diving into the violations that the network has committed, Cervantes (2020) stated that Carlo Katigbak, the CEO and the current president of ABS-CBN, is “a dual citizen, both a natural-born Filipino and an American citizen.” His being such directly violates the constitutional requirements that mass media companies in the Philippines should be owned by Filipinos exclusively. Also, ABS-CBN allegedly issued Philippine Depositary Receipts to foreigners which in turn, has enabled foreign ownership in the broadcast giant; the issuance violates the 1987 Constitution.

Furthermore, Cervantes (2020) added that “ABS-CBN used frequency channel 43 to generate multiple channels or programs to be included in its digital television service, TV Plus Box, which continued even beyond the expiration of the demonstration permit in June 2015.” The NTC has since then revealed that they did not authorize the production of the TV Plus Box which contains multiple channels.

Cervantes (2020) also mentioned that ABS-CBN has committed violations of laws and labor standards. There were 67 pending cases of such that was registered in the NTC and other courts. In addition, it was found out that only 25 percent (2,661 of the total 11,701 workers) are regularized. In the network’s defense, ABS-CBN stated that the “uniqueness” of the nature of such industry was the reason for failing to regularize the majority of their employees. The network claimed that the contractual workers are hired for very specific projects that usually last for a specific period only (Cervantes, 2020).

Source: newsinfo.inquirer.net

Another violation was mentioned by Cervantes (2020), claiming that ABS-CBN has committed tax avoidance. In reaction, ABS-CBN clarified that they have been paying proper taxes that was later proven by the Tax Clearance that was issued by the Bureau of Internal Revenue; however, the panel concluded that such document was not enough to prove their innocence, claiming that it does not “absolve a taxpayer of tax liabilities and delinquencies, nor from acts of fraud or tax evasion.”

The last violation that Cervantes (2020) wrote is on the network’s allegedly biased reporting. Although the committee did not give specific findings that will prove that the network is, in fact, biased, they encouraged the network to do some self-assessment to find the root of the problem. However, the aforesaid allegations were proven wrong as the government agencies that are chiefly concerned with the dilemmas of the network.

ABS-CBN CEO and President Carlos Katigbak in a public hearing on the franchise renewal of ABS-CBN (Dela Cruz, 2020)

Source: news.abs-cbn.com

Dela Cruz (2020), in her article, mentioned that Katigbak is a Filipino despite owning a US Passport. He mentioned that in 2001, the Department of Justice granted his request to be formally and legally acknowledged as a Filipino citizen and that his being an American is merely for compliance to the laws of the United States which recognizes him as an American because he was born in the lands of the US, despite having Filipino parents.

An article was published by Mercado (2020), stating that according to the Department of Labor and Employment, ABS-CBN has completely complied with the labor standards, occupational health, and safety standards that are imposed by DOLE.

Source: news.abs-cbn.com

Ferreras (2020) cited a statement of a digital television expert regarding the allegations that ABS-CBN is facing regarding their TV Plus Box. The expert concluded that broadcasters with Digital Terrestrial Television) licenses can render multiple channels in one franchise. He added that “a franchise assigns a broadcast frequency of six megahertz to a network, which allows the carrying of multiple digital channels.”

The allegations of Calida with regards to the issuance of PDRs to foreigners was answered by Katigbak, defending that “a PDR is not a share in the network and that PDR holders cannot vote on network matters. He mentioned that other media giants such as GMA had also issued PDRs (Dela Cruz, 2020).

Galvez (2020), cited the statement of the Bureau of Internal Revenue (BIR) concerning the tax evasion allegations of the network. BIR Commissioner Manuel Mapoy stated during the public hearing regarding the franchise renewal of ABS-CBN, that they have paid “over P15.3 Billion in taxes from 2016 to 2019.” He then clarified that the network “has no outstanding delinquent account as it was able to pay deficiency taxes.”

Prior to such dilemmas, the network has since then exerted efforts in renewing their franchise. Quite notably, on November 10, 2016, Rep. Micaela Violago of the second district of Nueva Ecija filed House Bill 4349 which sought to renew the ABS-CBN franchise. This was soon followed by another filing of a bill that was drafted by Davao City Rep. Karlo Nograles and PBA Party-List Rep. Jericho Nograles which was similar to the objective of the aforementioned bill. The efforts were ignored, making it stay at the committee level (Lopez and Jalea).

Rep. Violago later refiled the bill that will allow the network’s franchise to be renewed, such a bill was met with support from 20 House members who yearned for co-authorship of the bill. Additionally, Sen. Ralph Recto, on July 28, 2019, filed a bill that has the same objective as Rep. Violago’s bill: to extend ABS-CBN’s franchise for another 25 years (Lopez and Jalea).

The delays in the discussion regarding the franchise renewal were met with distrust from the estimated 11,000 employees of ABS-CBN, in response to such, Committee Vice Chairman Isabela Rep. Antonio Albano Jr., on February 12, 2020, expressed his apologies to the workers, reassuring them that the matter is now being discussed by the solons. However, according to an article by Lopez and Jalea (2020), there doesn’t seem to be a schedule for the hearings on the bills on February 13. The critics viewed this as a lack of urgency by the House of Representatives and such sparked suspicion.

Calida, in reaction to the discussion of the quo warranto case among the representatives of the network, asked the Supreme Court on February 18, 2020, to issue a gag order to stop such discourses. His reasons being that the aforementioned discussions violate the sub judice rule, which forbids the assessment of ongoing cases to avoid prejudgement (Lopez and Jalea).

In relation, on November 8, 2018, Rodrigo Duterte shamed the network for being unable to air his campaign in the incoming presidential elections. He then vowed to the public that if he were to win the presidential elections, he shall see to it that ABS-CBN will never get their franchise renewed (Lopez and Jalea).

In addition, on December 3, 2019, Duterte, having won the presidency, he stated that ABS-CBN shall not see the light of day by 2020 (Rey, 2019).

Source: cnnphilippines.com

Such a statement of Pres. Rodrigo Duterte leads critics to conclude that the recent controversy was driven merely by personal interest, rather than a notion of justice.

On May 4, 2020, ABS-CBN, in compliance with the aforementioned order by the NTC, effectively stopped their broadcast operation. The closure of the broadcast giant was met with controversy; other media outlets and groups condemned the decision of the NTC, deeming it as an attack to press freedom (Lopez and Jalea).

Source: news.abs-cbn.com

Being a multifaceted issue the ABS-CBN franchise renewal controversy is, it begs the question of, whether or not, the law is being used as an agent of change and progress--- if the law is utilized to put the nation inside a crucible, to impose pressure on it, to inspire a more stable nation for its citizens to walk on; or if the law is being utilized as a vessel to enable those who are seated to pursue their personal interests.

Source: news.abs-cbn.com

Sources:

Lopez, M. and Jalea, G. (2020, February 13) Timeline: ABS-CBN franchise. CNN Philippines. Retrieved from https://www.cnnphilippines.com/news/2020/2/13/ABS-CBN-franchise-timeline

Rey, A. (2019, December 30). Duterte to ABS-CBN: Better to sell the network. Rappler. Retrieved from https://www.google.com/amp/s/amp.rappler.com/nation/248223-duterte-to-abs-cbn-sell-network-than-renew-franchise

Galvez, D. (2020, June 30). ABS-CBN has no tax delinquency; ‘regularly’ paying taxes – BIR exec. Inquirer.net. Retrieved from https://www.google.com/amp/s/business.inquirer.net/301458/abs-cbn-has-no-tax-delinquency-regularly-paying-taxes-bir-exec

Cervantes, F. (2020). Several issues led to denial of ABS-CBN franchise bid: House body. Philippine News Agency. Retrieved from https://www.pna.gov.ph/articles/1108624

Ferreras, V. (2020, May 7). Nothing illegal with ABS-CBN’s digital television service, says expert. CNN Philippines. Retrieved from https://cnnphilippines.com/news/2020/5/7/Expert-nothing-illegal-ABS-CBN-TV-Plus

Dela Cruz, D. (2020, June 2). ABS-CBN chief: Gabby is a Filipino. The Manila Times. Retrieved from https://www.manilatimes.net/2020/06/02/news/headlines/abs-cbn-chief-is-a-filipino/728775/

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ademocrat · 5 years ago

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Philippines Moves to Shut ABS-CBN, Its Leading Broadcast Network

MANILA — The Philippine government moved Monday to end the franchise of the country’s leading broadcast network, the latest push by the administration of President Rodrigo Duterte against media outlets that have been critical of his leadership.

The Philippine solicitor general, Jose Calida, lodged a complaint with the country’s highest court, accusing ABS-CBN Corp. and its subsidiary, ABS-CBN Convergence, of violating the operating franchise it was granted by Congress, which is set to expire in March.

The move comes despite the fact that the House of Representatives has yet to start deliberating several bills supporting the renewal of the franchise. It was not clear how Mr. Calida’s petition would affect that legislation.

“We want to put an end to what we discovered to be highly abusive practice of ABS-CBN benefiting a greedy few at the expense of millions of its loyal subscribers,” Mr. Calida said in a statement announcing the move. “These practices have gone unnoticed or were disregarded for years.”

But critics of Mr. Duterte say he is on the warpath against media entities that have questioned his drug war, which has drawn international condemnation. ABS-CBN, along with the Filipino online news site Rappler, have been at the forefront of critical reporting about the antidrug campaign, which has left nearly 6,000 people dead since Mr. Duterte took office in 2016.

Mr. Calida said the government will prove that ABS-CBN has been broadcasting for a fee, “which is beyond the scope of its legislative franchise.” He also accused the company of hiding behind what he said was an “elaborately crafted corporate veil” by allowing foreign investors to take part in its ownership.

He stressed that ABS-CBN “abused the privilege granted by the state” when it introduced a pay-per-view channel without approval by the government’s telecommunications commission.

As he has with ABS-CBN, Mr. Duterte has personally gone after Rappler, arguing that it was partly owned by foreign investors.

The attempt to shut down Rappler, however, appears to have fizzled after the news site’s foreign investors transferred their shares to their Filipino partners.

The National Union of Journalists of the Philippines assailed the move against the network.

“This proves without a doubt that this government is hell bent on using all its powers to shut down the broadcasting network,” the union said. “We must not allow the vindictiveness of one man, no matter how powerful, to run roughshod over the constitutionally guaranteed freedoms of the press and of expression, and the people’s right to know.”

Mr. Duterte has had particularly tense relations with the media. He and his aides have attacked The New York Times and The Washington Post, and several court cases are pending against Rappler’s chief executive, Maria Ressa.

While the Philippine Constitution specifically calls for the separation of powers between the legislative and executive branches, Mr. Duterte has de facto control over the Senate and the House of Representatives through his allies.

Richard Javad Heydarian, a political scientist and author of “The Rise of Duterte: a Populist Revolt Against Elite Democracy,” said that while the government move was expected, time is on ABS-CBN’s side because Mr. Duterte is already in the second half of his six-year term.

If the government does succeed in revoking the network’s franchise, ABS-CBN could still most likely operate in some “legal gray zone,” perhaps over the internet, so this would not likely be a death knell for the company, Mr. Heydarian said.

“I don’t see any editorial compromise on the part of the ABS-CBN, which is very reassuring in itself,” Mr. Heydarian said.

He said that Mr. Duterte appears to have taken from the playbook of President Vladimir V. Putin of Russia, who has also been accused of curtailing freedom of the press.

“There are just elements of Putinism here,” Mr. Heydarian said. “We can see some Putin-like crackdown on the independent media, which was part of the Russian strongman’s strategy of consolidating power.”

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unbiasedph · 3 years ago

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New COA chief is BBM’s personal choice

Calida given free hand by President Marcos to do what’s right as COA chair NEWLY-INSTALLED Commission on Audit (COA) Chairman Jose Callangan Calida formally took the oath with President Ferdinand Marcos Jr. as chair of the independent constitutional commission on his 72nd birthday last Thursday (July 7) inside the Malacañang Palace. Known for his proven legal expertise that won him many cases in the Supreme Court (SC) during the time of former President Rodrigo Duterte, the former Solicitor General said the President has given him the free hand to do his job properly without reservation. Read Full News @ Manila Standard Read the full article

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gandaever · 3 years ago

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BREAKING NEWS: President-elect Ferdinand Marcos Jr. has chosen Solicitor General Jose Calida as chairperson of the Commission on Audit under his administration. (at Manansala Mansion) https://www.instagram.com/p/CfY4FPpuPC6/?igshid=NGJjMDIxMWI=

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tagapagbalita · 3 years ago

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Fact check: Game over? DQ, Cancel COC petitions vs Marcos still pending

A YouTube video claimed that “game is over” with the legal challenges against president-elect Ferdinand Marcos Jr.’s pending before the Supreme Court, following an "order" from Solicitor General Jose Calida to dismiss cases. This is false. (PhilStar) from philstar.com - RSS Headlines https://ift.tt/SMpPiHe via IFTTT

#IFTTT #philstar.com - RSS Headlines

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spottingfakenews · 4 years ago

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Fake News: A Documentation

During these days, finding factual news is hard because of the existence of fake news which can be found in any sites as long as you have internet access. Fake News is news that is not true and intentionally misinforms the readers. Sometimes fake news creates panic among the readers too. Stories are also made for different wrong purposes. Fake News or stories influence people’s views, push different political agendas, and sometimes confuse the readers that can often be a profitable business for people who publish articles online. Fake news can be spotted in different platforms, may it be political, medical, showbiz, academe, entertainment and sports.

This blog will be use as a compilation of Philippine-based fake news which gave a huge impact to the country.

Politics

This is an article which circulated again last August 7, 2020 about DILG Secretary Eduardo Año statement about the investigation of tricycle back rides. It circulated the second time wherein it was not the DILG’s current policy. This fake news caused confusion to the citizens whether what guidelines to follow about back rides.

Multiple Facebook postings have been shared with an image attributed to the state-run Philippine News Agency (PNA) that displays a bogus remark from Philippine President Rodrigo Duterte. According to the image, Duterte stated that the government has finished delivering cash relief to those impacted by the new coronavirus outbreak. The graphic, however, has been doctored; it has been modified to incorporate the alleged Duterte quotation, and the PNA has disowned it. On April 6, 2020, the graphic was shared on Facebook.

The accusation has been making the rounds on social media, with one post containing an image of Robredo and the caption "Remember her promise." If none of the eight diretso wins the election, she will resign as vice president. Do you believe she will keep her word?” The assertion appears to be based on an article published on May 7, 2019 by The Adobo Chronicles. According to CrowdTangle, the story has been shared by 44 Facebook groups and pages, resulting in 6,945 total interactions from 1,546,053 combined followers. In a tweet on May 15, the Vice-President had already disputed the report.

Medical

The Bureau of Customs (BOC) searched three warehouses in Meycauayan City, Bulacan, allegedly collecting phony cigarettes, bags of raw materials for cigarette production, false Bureau of Internal Revenue tax stamps, shredded plastics, and obsolete cigarette-making machines, according to the story. The article was accompanied by a video titled "P500-M Fake Cigarettes Raided by BOC in Bulacan." The Department of Health has not issued any warnings about the coronavirus being transmitted through fake cigarettes or that it has reached the Philippines.

According to the Department of Health and reports from local government units in Pampanga, the first ever mutated Cov-2 illnesses were discovered in Sta. Rita town on Monday, January 4, 2021, and there are now three verified instances of the new Covid-19 variety. "The DOH stated one is still hospitalized to a certain hospital facility," according to the report.

The footage was shared on April 14 by the Facebook page RUDY Baldwin and the YouTube channel NivLogs TV. Claim Check, a Facebook monitoring program, identified these postings for verification.

“PLS SHARE THE GOOD NEWS,” the Facebook page said in the description of the post. ANTIVIRAL INJECTION FABUNAN APPROVED na (already).” In the meanwhile, the YouTube channel's description reads, "APPROVED NA NI PRES. DUTERTE, , LOCKDOWN ILILIFT NA (FAI authorized by President Duterte). The lockdown has been removed.)

Academe

These are the three top fake news happened in the academe but we will focus more about the issue about DepEd announcing Grade 13.

The Department of Education, through Education Secretary Leonor Briones, has announced the addition of a Grade 13 course. Kyle Santelices made the allegation on Facebook on April 19, posting what seems to be a screenshot of a news item showing Briones. The snapshot includes the designations "live" and "breaking news," as well as the title "Department of Education announces Grade 13."

The Department of Education has not announced the existence of a Grade 13, and Briones has not said the phrase attributed to her.The watermark on the claimed screenshot of a news article reads "breakyournews.com." The website is a meme generator that allows users to change the headline, ticker, and picture in a news report template.

Sports

Fake news about the Philippine Sports did a great impact last 2019 because the Philippines hosted for the SEA Games 2019. The most trending fake news at that time was the Photo of Philippine flag used as tablecloth 'in SEA Games 2019' event.

During the Southeast Asian (SEA) Games 2019, a photo of the Philippine flag being used as a tablecloth for catering services was allegedly shot. “But wait, there's more,” reads the description of the post, which is ascribed to journalist Ricky Velasco in the screenshots. This is for all the SEA Games 2019 mishaps. Athletes who are taking part in the competition are fed. But using our flag as a mantle for a tablecloth? It's worth noting that the flag even reaches the ground.”

The photographs were not taken during any of the SEA Games activities. According to Papina, they were taken in 2015 during a "undisclosed occasion." Papina informed Rappler in a Facebook message that the photo was taken from a November 2015 post by a friend. He claimed, "From what I gathered from my friend's post, it happened in 2015 at an unidentified location."

Entertainment/Showbiz

Fake news in showbiz can sometimes be intentional by bashers or people who wants to take down a certain personality. The most recent fake news in showbiz was the act of junk to the ABS-CBN’s franchise renewal.

According to YouTube channel Showbiz Fanaticz, the Supreme Court (SC) has already thrown out ABS-franchise CBN's renewal. The channel uploaded a video on Wednesday, July 8, titled: “BREAKING NEWS: KORTE IBINASURA NA ang FRANCHISE Renewal ng ABS-CBN| LEAKED VOTE DOCUMENTS INILABAS!! (Breaking news: ABS-franchise CBN's renewal has been rejected by the court.) Documents from the vote have been leaked!) ”

The renewal of legislative franchises is decided by Congress, not the Supreme Court, under Republic Act No. 7925, or the Public Telecommunications Policy Act. As of this writing, ABS-request CBN's for a temporary restraining order against the National Telecommunications Commission's (NTC) cease and desist order is still ongoing before the High Court. On Monday, July 13, the Supreme Court will begin discussion on the petition.The quo warranto suit brought by Solicitor General Jose Calida against ABS-CBN was also just dismissed by the High Court on June 23. Furthermore, Showbiz Fanaticz's video made no mention of the SC. The video merely mentioned a source from the Manila Times that purportedly included leaked records indicating congressmen's votes on the ABS-CBN franchise renewal issue.

In conclusion, in this world of technology wherein your fate depends on the tip of your fingers, we should be aware of all the things that happens in our surroundings and spotting fake news is one. We should be a critical thinker when finding information and gathering data most especially with important news. We should always fact check and thorough when reading articles online. Let us always think before we click!

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