ABS CBN Coco Martin NAPIKON (talo) sa mga TROLLS at BASHERS daw niya

poe coco

Coco Martin hits back at bashers over shutdown of ABS-CBN

By: Ian Biong INQUIRER.net
May 07, 2020

MANILA, Philippines — Kapamilya star Coco Martin is hitting back at “trolls and bashers” following ABS-CBN’s shutdown ordered by the National Telecommunications Commission (NTC) on Tuesday.

The “Ang Probinsyano” actor, who recently took a jab at Solicitor General Jose Calida and the NTC for “making a fool out of Filipinos,” via Instagram has been letting out his frustrations on those in favor of the media giant’s temporary closure.

(For all our trolls and bashers, do not read this because you will not understand it anyway! We are just the same, because this is in English, I just posted this because many others are sharing it as well.)

In the following post, the actor emphasized the stand of Senate Labor Committee chair Joel Villanueva, who said the NTC’s move is “disappointing” and “heartless” especially “when people need jobs to survive the pandemic.”

“MGA TROLLS AT BASHERS, NAINTINDIHAN NIYO BA ANG SINABI NI SEN. JOEL VILLANUEVA? PARANG PAREHO YATA KAMI NG SINABI E, ENGLISH NGA LANG ANG SA KANYA,” Martin stressed. “SA PALAGAY KO HINDI NIYO RIN NAMAN NAINTINDIHAN KASI WALA KAYONG ALAM AT INATUPAG KUNGDI MAGMARUNONG AT MANIRA NG MGA TAO!!! WALA NAMAN KAYONG KAUSAP KUNGDI MGA KAPWA NYO! HUWAG KAYONG MAG-ALALA, HINDI KO BINABASA ANG MGA SINASABI NIYO LALO NA YUNG MGA NAG ENGLISH HINDI KO NAIINTINDIHAN YAN WALANG DATING SA AKIN YAN!!!”

Martin also shared a statement from House Ways and Means Chair Joey Salceda, which read: “In general, the House wants to approve the ABS-CBN franchise renewal dahil nagbabayad naman sila ng buwis, wala namang nilabag na batas… ‘yung problema po talaga ng NTC nakakasira po talaga ng national strategy.”

(In general, the House wants to approve ABS-CBN’s franchise renewal because they do pay taxes and has not violated any law… NTC’s problem is really detrimental to the national strategy.)

“SABI NI CONG. JOEY SALCEDA WALA DAW NILABAG SA BATAS ANG ABS-CBN. MALINAW NA MALINAW! NAIINTINDIHAN NIYO BA YUN MGA BASHERS? NTC NAKAKASIRA DAW KAYO NG NATIONAL STRATEGY! MATALINO YANG SI CONG.SALCEDA, KAIBIGAN KO YAN!!!” Martin stressed.

(Cong. Joey Salcedo said ABS-CBN did not violate any law. It is very clear! Do you bashers understand that? NTC, he said you are ruining the national strategy! Cong. Salceda is smart, he is my friend!) 

Other than Martin, many of the country’s biggest stars – even from ABS-CBN’s rival network GMA 7 – have been showing their support for the media giant and are condemning the NTC’s cease-and-desist order to stop ABS-CBN’s operations.

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COCOMARTIN ABSCBN Coco Martin ABS CBN Shutdown Closure Cease and Desist COVID19 COVID 19 Duterte Digong #ABSCBN #CocoMartin #Shutdown #CeaseAndDesist #COVID19

 

ABS CBN – Two 2019 blog posts PREDICTED VERY DIFFICULT business AFTER closure; ADVERTISING REVENUE CAN NOT be maintained

june 25 2019 balitangbalita.com/2019/06/25/abs-cbn-can-survive-without-a-franchise/

july 14 2019      balitangbalita.com/2019/07/14/without-a-radio-and-tv-franchise-what-will-save-abs-cbn/

Without a radio and tv franchise, what will save ABS CBN?

Assuming ABS CBN is not able to secure a franchise renewal to continue operating radio and TV stations, will new media distribution systems enable ABS CBN to remain in the black? Without the powerful Channel 2 on TV and DZMM on radio, can ABS CBN still make a profit on the basis of Facebook (with its live streaming), YouTube, cable TV, foreign distribution and TVplus? It will be a totally different ballgame with the tried and tested business model undergoing drastic change. Mind you, the viewership may migrate with the advent of new technologies, but will the advertisers follow suit. Lessons from the print media show the inability of major international newspapers to adapt to the digital world thus losing profitability with many closing shop.

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ABS CBN can survive without a franchise

Balitangbalita.com

JUNE 25, 2019

With the possibility of ABS CBN not getting a franchise renewal from the House of Representatives, the giant radio and TV company may need to seek other sources of revenue for the corporation to survive. No one in his right mind can state that in the short term, without a franchise, ABS CBN can still command the same level of net profits but there are a lot of positives that ABS CBN can utilize to still remain as a giant media corporation.

The number one advantage of ABS CBN is its seemingly endless pool of talents. Vice Ganda, Anne Curtis, Koko Martin, Sarah Geronimo, Nadine Lustre, Angel Locsin, Kim Chiu, Kathryn Bernando, Daniel Padilla and many others are just the big names in the entertainment department. In the news category, Ted Failon, Noli De Castro, Julius Babao and Anthony Taberna are household names. Maalalala Mo Kaya is a top rated radio program.

With all that talent, ABS CBN must somehow find a venue or platform to reach their Kapamilya fans. Leasing or taking over (in whole or in part) a number of dormant, idle or marginal radio and tv stations may somehow comply with the amount of airtime that the current ABS CBN is consuming everyday. Obviously not all of the current programs can be accommodated from day one but from the management point of view, that situation could actually be a blessing as ABS CBN would be forced to let go of unproductive shows to concentrate on their blockbusters.

The internet is another area where ABS CBN already has a significant presence in Facebook (including FB live streaming), YouTube, Twitter and Instagram. The international market is a huge potential for ABS CBN to explore what with its library of programs that can achieve global distribution.

Realistically, the transition from having a franchise and losing it would be a difficult path to thread but it CAN be done.

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ABS-CBN logs 1 M TVplus sales as of May

Richmong Mercurio (The Philippine Star)

July 14, 2019

MANILA, Philippines — More Filipinos continue to shift to digital terrestrial television as media and entertainment giant ABS-CBN Corp. was able to sell another million TVplus units in just a span of nearly five months.

ABS-CBN said one million more Filipinos have embraced digital television as ABS-CBN TVplus, the country’s pioneering digital terrestrial television device, hit the eight million mark in sales this month, four years since launch and a few months after the product pushed past the seven million mark in February.

“ABS-CBN TVplus’ accelerated sales is indicative of how far the country has moved on from analog television and how closer we are to fully transitioning into digital broadcast ahead of the government-mandated deadline of 2023,” ABS-CBN Access head Charles Lim said.ADVERTISING

Kantar Media’s establishment survey results in August last year showed a marked increase in digital television ownership in non-cabled homes across the country, with the number rising to 72 percent from 55 percent in the same month in 2017 in Metro Manila.

Digital television ownership in Mega Manila in non-cabled homes in Mega Manila also rose to 65 percent from 44 percent year on year, while also soaring to 57 percent from 33 percent in the suburbs.

COVID 19 – SAP sabwatan ng DSWD, munisipyo/lungsod at barangay

19 dino 2

 

𝗗𝗜𝗟𝗚, 𝗡𝗔𝗡𝗜𝗡𝗜𝗪𝗔𝗟𝗔𝗡𝗚 𝗠𝗔𝗬 𝗦𝗔𝗕𝗪𝗔𝗧𝗔𝗡 𝗦𝗔 𝗖𝗔𝗦𝗛 𝗔𝗜𝗗 𝗗𝗜𝗦𝗧𝗥𝗜𝗕𝗨𝗧𝗜𝗢𝗡
92.7 Brigada News FM Lucena

May 5, 2020

Naniniwala si Interior Undersecretary Martin Diño na may sabwatang nagaganap sa pagitan ng mga lokal na opisyal at mga tauhan ng Department of Social Welfare and Development (DSWD) sa pamamahagi ng cash subsidy.

Ayon kay Diño, marami silang natatanggap na reklamo laban sa mga kawani ng DSWD at mga tauhan ng munisipio dahil ito ang may hawak ng ipamamahaging pera.

Nagbabala si Diño sa mga tiwaling local officials na wag kurakutin ang ayuda para sa mga constituents dahil may pabuya nang P30,000 na ibibigay si Pangulong Rodrigo Duterte sa kahit sinong makakapag-timbre ng katiwalian sa pamamahagi ng social amelioration program.

Mababatid na partikular na binanggit ng pangulo kagabi si barangay councilor Danilo Flores ng Agustin sa Hagonoy Bulacan bilang isa sa mga kurap na opisyal.

Sinabi ni Diño na ipina-aresto na nya si Flores.

Matatandaang ang mga opisyal na masasangkot sa iregularidad sa SAP distribution ay makukulong at pagmumultahin hanggang P1 milyon sa ilalim ng Bayanihan to Heal as One Act.

via BNFM National

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RELATED STORIES

Conflict of interest TraPOE bumanat sa pagkasara ng ABS CBN, pero ang social media gusto naman niya busalan

Nakikinabang ang pamilya ni TraPOE sa ABS CBN Ang Probinsyano (conflict of interest) kaya masama ang loob niya na nasara ang network. Social tragedy daw sa marami. Baka naman financial disaster for her family (FPJ estate, mother Susan Roces). Freedom of speech issue daw. Bakit ang FB gusto naman niya rendahan ang malayang pamamahayag ng mga pangkaraniwang mamamayan. Biased mainstream media kasi hawak ng mayayamang negosyante kaya ang mga pinapaboran lang nito ang sumisikat habang ang social media ay nabibigyan ng boses ang maliliit at inaapi. ABS CBN closure napasangtabi ang COVID 19 reporting.

grace-block-f-b

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ABS-CBN shutdown a social tragedy – Poe

By: Christia Marie Ramos – INQUIRER.net
May 07, 2020

MANILA, Philippines — Stopping the operations of the country’s biggest media network goes beyond shutting down one company, Senator Grace Poe said as she pointed out that the cease and desist order against ABS-CBN was a “tragedy to society.”

“When you threaten one media outlet or when one media outlet is in jeopardy, this also sends out a signal to others that we better be watching our back, we better be careful, and somehow that poses as a threat for others who would like to cover the news fairly,” said Poe, who heads the Senate’s Public Services Committee, on ABS-CBN News Channel on Thursday.

Poe’s statement comes after ABS-CBN went off air Tuesday night following the cease and desist order from the National Telecommunications Commission (NTC) after the network’s franchise expired on May 4.

The NTC earlier assured Congress that it would grant ABS-CBN provisional authority to continue to operate while its franchise renewal remains pending.

In an Order dated May 5, 2020, however, the NTC directed ABS-CBN to stop operating its television and radio broadcasting stations nationwide “absent a valid Congressional Franchise required by law.”

But Poe said the law should be used to “as a tool for fairness” and “not just used for the caprices of a few.”

The senator then pointed to efforts by the government’s chief lawyer to have ABS-CBN’s franchise revoked.

On February 11, Solicitor General Jose Calida sought the revocation of ABS-CBN’s franchise over alleged violations through a quo warranto petition filed before the Supreme Court.

 

Days before the NTC issued the cease and desist order against ABS-CBN, Calida also warned the agency against granting the network provisional authority in the absence of a legislative franchise.

 

COVID 19: SAP NCR distribution rate – Caloocan 77.45 %, Pasig 76.06%, Valenzuela 66.70%, Marikina 55.51%, Mandaluyong 55.01%, Manila 51.09% and QUEZON CITY at 15.08% (FIFTEEN PERCENT)

joy not you
Metro Manila LGUs among slowest to give cash aid – DSWD
Ranier Allan Ronda (The Philippine Star)
May 6, 2020 

MANILA, Philippines — Several local government units (LGUs) in Metro Manila are among the slowest to release the national government’s Social Amelioration Program (SAP) funds, according to an official of the Department of Social Welfare and Development (DSWD).

Vicente Gregorio Tomas, DSWD-National Capital Region Field Office director, told The STAR yesterday that the DSWD-NCR fully downloaded a total of P12,468,920,000 in SAP funds by April 13. They started the download on April 3.

As of 6 p.m. on May 4, Tomas said only 603,222 families or 38.7 percent of the target SAP beneficiaries in Metro Manila received P4,825,776,000 in SAP funds.

According to figures from the DSWD-NCR, Muntinlupa distributed 10.4 percent of SAP funds as of 6 p.m. on May 4, followed by San Juan at 10.8 percent and Pasay at 11.05 percent.

The LGU with the highest distribution rate is  Caloocan at 77.45 percent of SAP funds; followed by Pasig at 76.06 percent; Valenzuela, 66.70 percent; Marikina, 55.51 percent; Mandaluyong, 55.01 percent; and Manila, 51.09 percent.

The DSWD has yet to issue figures on the release of SAP funds by Las Piñas, Makati, Malabon, Navotas, Parañaque, Pateros and Taguig.

The Quezon City government said yesterday over 57,000 families have received SAP funds as of Sunday.

The number is expected to be higher as thousands also received subsidies during the ongoing simultaneous payouts in different barangays.

The national government has allocated 377,854 slots to the city for the cash subsidy.

Over 154,000 social amelioration cards have already been submitted as of Sunday, according to the city government.

Mayor Joy Belmonte earlier approved a supplemental budget to provide P4,000 assistance to qualified beneficiaries excluded from the national government program.

Belmonte said there are at least 723,822 families qualified to receive aid in the city.

The Pasig City government yesterday said the distribution of the DSWD’s SAP in the city is almost done and it has begun distributing P8,000 cash assistance under its local SAP for around 160,000 households left out of the national government’s financial aid distribution.

Mayor Vico Sotto added that government employees and other individuals given cash assistance by other aid programs of the national government will be excluded from the list of beneficiaries.

In Valenzuela, more than 230,000 families are expected to receive the third wave of food vouchers starting today.

“We will make sure that in six to seven days, we will finish the food voucher distribution. We will make sure that if not all, almost all… families will receive their food voucher within a week,” Mayor Rex Gatchalian said.

The city government distributed 105,000 food vouchers during the first wave and another 230,000 during the second. – Janvic Mateo, Neil Jayson Servallos, Rey Galupo

ABS CBN to close operations TONIGHT after NTC cease and desist order, ABS CBN option to seek relief (TRO) in court

abs cbn cease and desist

NTC orders ABS-CBN to stop broadcast operations

By: Neil Arwin Mercad (INQUIRER.net)
May 05, 2020

MANILA, Philippines — The National Telecommunications Commission (NTC) on Tuesday issued a Cease and Desist Order against ABS-CBN after its legislative franchise expired on May 4.

In an Order dated May 5, the NTC directed ABS-CBN to stop operating its television and radio broadcasting stations nationwide “absent a valid Congressional Franchise required by law.”

Thus, with the expiration of the Republic Act. No 7966, which granted ABS-CBN a 25-year franchise to operate its TV and radio broadcasting stations, NTC said that ABS-CBN “no longer has a valid and subsisting congressional franchise as required by Act No. 3846.

“The NTC Regional Offices shall implement the closure order in their respective areas of jurisdiction,” NTC said in a statement.

The order likewise gives ABS-CBN en days from the receipt of the Order to respond as to why the frequencies assigned to the network should not be recalled.

What happened?

The 11 bills seeking the renewal of franchise of ABS-CBN remain pending before the House committee on legislative franchises, the earliest of which, at least in the 18th Congress, was filed in July 2019.

While the bills were pending in the lower chamber, House Speaker Alan Peter Cayetano on numerous occasions assured that ABS-CBN will not shut down its operations even if its franchises lapses.

On May 4, the same day Congress resumed its sessions from their Lenten break, ABS-CBN’s franchise expired.

In assuring that ABS-CBN will continue its operations while Congress tackles the bills seeking its renewal, House leaders banked on the NTC granting the network a provisional authority to operate.

On March 10, NTC Commissioner Gamaliel Cordoba told members of the House that they will follow the advice of the Department of Justice (DOJ), allowing ABS-CBN to operate while its franchise renewal bid is pending in Congress.

Solicitor General’s opposition

On May 3, Solicitor General Jose Calida, who earlier filed a quo warranto petition against ABS-CBN in a move to have the network’s franchise revoked, warned the NTC against granting provisional authority to ABS-CBN.

According to Calida, NTC could not grant provisional authorities to ABS-CBN Corporation and its affiliate, ABS-CBN Convergence, Inc. because it must first secure a franchise from Congress.

Calida said the NTC commissioners could risk subjecting themselves to prosecution under the country’s anti-graft and corruption laws should they issue the “unlawful” provisional authorities to ABS-CBN while not having a franchise.

In response to Calida’s efforts to “pressure” the NTC, Alvarez said that the “Committee on Legislative Franchises will not be dictated upon by any individual or agency as to the manner, schedule, and conduct of its official business.”

Alvarez also posted a warning to NTC: “If the NTC chooses to succumb to the pressure of the Solicitor General, and disregard the commitments they gave under oath, we reserve the right to call them before Congress and explain why they should not be held in contempt.”

Ironically, Alvarez released the statement merely hours before news broke out regarding the cease and desist order against ABS-CBN.

So far, the committee on legislative franchises has only held one hearing—or meeting—to discuss the matter. But during this meeting, no one from ABS-CBN or from the opposition was invited.

Instead, the lawmakers decided to first draft the ground rules for the formal deliberations of the franchise renewal bid of ABS-CBN, which Cayetano earlier deemed to be necessary so that the hearings would not be a “circus.”

 

COVID 19 – Duterte offers 30k to informers on CORRUPT govt. officials who STEAL S.A.P. money, names Barangay Agustin, Hagonoy, Bulacan Kagawad Danilo Flores (caught red handed on video)

dswd 30k

P30k reward for Reporting Corruption Activities

Rene (CBN News)

President Duterte has promised to give a reward to anyone who reports on government officials who are stealing from government or SAP assistance.

At the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID), Presidential Spokesperson Harry Roque announced that President Duterte offered P30,000 to anyone who would help the national government catch the corrupt officials.

“Siya po ay magbibigay ng pabuya na 30,000 pesos sa lahat ng mga magrereport ng local officials na kumakana o kinukurakot ang mga ayuda para sa mahihirap,” sabi ni Spox Roque.

Presidential Spokesperson Harry Roque also said that complainants could call the government hotline 8888.

In a public address, Duterte specifically named Barangay Agustin, Hagonoy, Bulacan Kagawad Danilo Flores who pocketed a large portion of the P6,500 distributed to SAP beneficiaries.

 

 

President Duterte makes PhilHealth contributions voluntary for OFWs

phic 3% ofw

Duterte orders PhilHealth not to require OFWs to pay premiums

May 4, 2020

Overseas Filipino workers will no longer be required to pay premiums to the Philippine Health Insurance Corp. (PhilHealth), Malacañang said Monday.

The directive was issued by President Rodrigo Duterte who said OFWs should pay on a voluntary basis, his spokesperson Harry Roque said in a televised briefing.

Roque also said the payment of PhilHealth premium is no longer a requirement before OFWs can secure an overseas employment certificate.

He added Health Secretary Francisco Duque III announced the suspension of a provision in the implementing rules and regulations on the mandatory increase in premium payments for OFWs.

“Sa ngayon po, habang meron tayong krisis, ang naging desisyon ng Presidente, huwag na muna tayong magpataw ng karagdagang pahirap sa ating mga OFWs, lalong lalo na sa panahon na napakadami sa kanila ang nare-repatriate at nawalan na rin ng trabaho,” Roque said.

PhilHealth recently issued a circular increasing the premium payments of OFWs whose monthly income ranged from P10,000 to P60,000 to 3% of their monthly salary starting this year.

The state insurer said this was stated in the Universal Health Care Law (Republic Act 11223), which Duterte signed last year.

An online petition on Change.org has since been mounted to repeal the measure, given the effects of the global health crisis from the COVID-19 pandemic.

OFW groups, numbering around 170 all over the world,  have also called for moratorium on all collections due to the pandemic.

PhilHealth, in response to the controversy, said it is up to Congress, which resumes session on Monday, to review the hike in OFW premium payments.

Roque, who authored the bill when he was a party-list lawmaker, said the part about increasing OFW premium payments was not included in his bill.

The law states that for every increase in the rate of contribution, PhilHealth must provide for a corresponding increase in benefits. Failure to pay premiums shall not prevent the enjoyment of any benefits under the National Health Insurance Program (NHIP).

PhilHealth is a tax-exempt government corporation attached to the Department of Health (DOH) mandated to administer the NHIP, which provides health care services to all Philippine citizens.  — KBK/RSJ, GMA News

COVID 19 – Yung bibigyang 18 milyong pamilya dadagdagan pa raw ng 5 milyong benipisyaryo, 11 milyong pamilya na raw ang nabigyan ng 5k – 8k sa unang 18 milyong dapat na nakatanggap

Maliwanag na may pera. At ang pera ay nasa lokal na mga pamahalaan na. Ang problema pa rin ay sa pamumudmod at kung nailista ba talaga ang mga tunay na nangangailangan. Dapat talaga na may mga mayor at barangay captain na makulong dahil sa kapabayaan at yung mga pinipili lang ang mga bibigyan.

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DILG to add five million families in COVID-19 cash aid program

DILG Undersecretary Jonathan Malaya said they are still awaiting for the guidelines from the Department of Social Welfare and Development for the formal implementation of the cash aid distribution to the additional five million families.

Malaya also clarified the additional five million families are apart from the 18 million families who are qualified as beneficiaries of the social amelioration program, which grants ₱5,000 to ₱8,000 for each family belonging to the vulnerable sector.

He added that local government units now have additional funds to prioritize the families who are left out by the COVID-19 emergency aid program because of the ₱30.824 billion Bayanihan Grant, the national funds realigned by the Department of Budget and Management from the Department of Public Works and Highways’ budget on infrastructure projects.

Provincial governments in the country were also given additional funds by the DILG through the ₱6.197 billion Bayanihan Grant to Provinces, which is equivalent to half a month of the Internal Revenue Allotment share of 81 provinces nationwide for the current fiscal year.

“In the meantime, nananawagan kami sa mga local government units na iprioritize itong mga left out families doon sa food packs na kanilang ipinapamahagi,” said Malaya in the Laging Handa press briefing earlier.

[Translation: In the meantime, we are appealing to the local government units to prioritize the left out families in the food packs they are distributing.]

Presidential Spokesperson Harry Roque confirmed that President Rodrigo Duterte approved the distribution of COVID-19 cash aid to the additional five million families in the country.

Roque also apologized to qualified beneficiaries who did not receive their COVID-19 cash aid and eligible families who were left out in the cash subsidy program.

Ito’y isang pamamaraan din para humingi ng pasensya sa mga di nakatanggap dahil hanggang ngayon po nadedelay ang release ng first tranche,” said Roque.

[Translation: This is also a way to apologize to the recipients because the release of the first tranche has been delayed until now.]

The DSWD has started to post the list of social amelioration program beneficiaries on the website of their field offices. The Cordillera Administrative Region and Region 7 field offices have already posted online the initial list of beneficiaries in their regions.

Malaya noted that 11 million out of the 18 million families have received their emergency subsidy from the government as of yesterday.

Hinihikayat po ng DILG ang lahat ng ating local government units na seryosohin po natin ito, tuluy-tuloy na po natin itong ipamigay. Wala na pong ibibigay na extension si Secretary Eduardo Año at si (DSWD) Secretary Ronnie Bautista. You are given up to May 7 to finish the distribution,” he reminded.

[Translation: The DILG is encouraging all our local government units to take this seriously and continue to distribute the cash aid. Secretary Eduardo Año and (DSWD) Secretary Ronnie Bautista will not give extension to the distribution. You are given up to May 7 to finish the distribution.]

Malaya warned LGU officials who divide the cash aid to distribute to other families, with reports reaching the agency that some barangay captains are splitting up cash subsidies in order to distribute smaller amounts of cash to more families.

Pwede po silang masuspende at makulong pa kung ginawa talaga yan,” stressed Malaya.

[Translation: They can be suspended or jailed if they really did that.]

The Interior Undersecretary encouraged citizens to report the illegal cash distribution acts of barangay officials to the department’s local and regional offices.

The DSWD also has its Grievance Redress System, managed by their Central Office-Operations Center, to report cash aid concerns such as unqualified families who received subsidy. The public can text 0947-482-2864, 0916-247-1194, 0918-912-2813, and 0932-933-3251 or send an e-mail to atsapgrievances@dswd.gov.ph for their grievances.

ABS CBN franchise EXPIRES today, May 4, 2020. To continue operating or not?

abs cbn poll

Calida warns NTC vs granting provisional authority to ABS-CBN

By: Christia Marie Ramos – INQUIRER.net
May 03, 2020

MANILA, Philippines — The Philippine government’s top lawyer on Sunday warned the National Telecommunications Commission (NTC) against granting ABS-CBN provisional authority to operate while the approval of its franchise is pending in Congress.

Solicitor General Jose Calida’s statement opposing the granting of provisional authority to the country’s biggest media network comes as the country marks World Press Freedom Day.

According to the solicitor general, the NTC commissioners could risk subjecting themselves to prosecution under the country’s anti-graft and corruption laws should they issue the “unlawful” PAs to ABS-CBN in the absence of a franchise.

The media giant’s franchise is set to expire on May 4, the same day Congress resumes its regular session.

Congress went on a two month break early March without passing a law extending the franchise of ABS-CBN for another 25 years.

During a later hearing of the House legislative franchise committee in March, NTC Commissioner Gamaliel Cordoba said the NTC will issue a provisional authority to ABS-CBN allowing it to operate pending its application.

Cordoba told the House panel that this decision was based on an opinion of the Department of Justice (DOJ) allowing ABS-CBN to operate based on equity considerations.

The Senate adopted a similar resolution urging the NTC to grant ABS-CBN provisional authority to continue its operations as its franchise approval remains pending.

However, Calida stressed that the Constitution gives Congress “the exclusive power to grant franchises to public utilities, such as broadcasting companies, in order to operate in the country.”

Citing a 2014 Supreme Court decision, the solicitor general said an entity must first secure a franchise from Congress.

After it is granted one, it should then apply for a Certificate of Public Convenience (CPC) from the NTC before it can operate.

Pending approval of its CPC, however, it can apply for a provisional authority (PA) so it can start operating during the interim, he said.

“Hence, a PA should only be issued once a congressional franchise has been granted and an application for CPC is pending before the NTC for approval,” Calida said. “The NTC cannot issue a PA when the broadcast company has no valid and existing legislative franchise.”

“No less than the Constitution requires a prior franchise from Congress. Hence, when there is no renewal, the franchise expires by operation of law. The franchise ceases to exist and the entity can no longer continue its operations as a public utility,” he added.

Pursuant to applicable laws, Supreme Court rulings as well as its own rules, Calida said the NTC can only issue a cease and desist order and/or a recall order against a broadcasting entity in the absence of a congressional franchise.

The solicitor general further said the NTC could not rely on the letter of the House leadership as well as the Senate resolution which both urged the commission to grant a provisional authority to ABS-CBN.

“These issuances cannot amend the current law requiring a congressional franchise for the operation of broadcasting networks. Not being separate laws themselves, they cannot amend or repeal prior laws,” Calida said.

He added that the NTC could not use the opinion of the justice department as legal basis to grant ABS-CBN provisional authority, saying a 2003 ruling by the Supreme Court held invalid a 1991 DOJ opinion which stated that the NTC may issue a permit or authorization without a legislative franchise. 

Calida then reminded the NTC that “contrary to the DOJ opinion, equity considerations do not justify granting PAs to ABS-CBN and its affiliates considering the clear mandate of the Constitution, laws, and decisions of the Supreme Court on the matter.”

“Equity is only available when there is no law on a particular matter. Where the law is clear, as in this case, it must be obeyed,” he said.

On February 11, Calida sought the revocation of ABS-CBN’s franchise over alleged violations through a quo warranto petition filed before the Supreme Court

Calida, in his petition, claimed that ABS-CBN violated the constitution when it issued Philippine Depositary Receipts (PDRs) through ABS-CBN Holdings Corporation to foreigners.

He also accused the network of “broadcasting for a fee” when it operated a pay-per-view channel (KBO Channel) in its ABS-CBN TV Plus cable product without approval or permit from the National Telecommunications Commission.

ABS-CBN has since maintained that it did not violate any law governing its franchise and that it had secured all necessary approvals for its business operations.