Senate probe on ABS-CBN’s franchise compliance pushed

“This is part of the Senate’s oversight function over any franchise and not just ABS-CBN, as mandated by the Constitution and the Senate Rules,” Poe said in a statement a day after filing her Senate Resolution 322. (File photo: Senate of the Philippines/Facebook)

MANILA — Senator Grace Poe on Thursday said she is pushing for a Senate probe on the alleged franchise violations of ABS-CBN Corporation despite a quo warranto petition filed against the broadcast network before the Supreme Court (SC).

“This is part of the Senate’s oversight function over any franchise and not just ABS-CBN, as mandated by the Constitution and the Senate Rules,” Poe said in a statement a day after filing her Senate Resolution 322.

The chairperson of the Senate Committee on Public Services said the resolution initiates the discussion of her panel on the compliance of ABS-CBN with the terms and conditions of its franchise “and to allow all parties to air their side”.

“Due to the gravity of the allegations and its possible effects, the Committee has deemed it appropriate to lay the groundwork for a possible inquiry in the spirit of public interest,” she said.

Poe likewise said the planned discussion in the Senate does not prevent any action in the House of Representatives or the SC due to the quo warranto petition.

The Office of the Solicitor General claimed in a quo warranto petition filed last Monday that ABS-CBN violated the constitutional ban on foreign ownership and went “beyond the scope of its legislative franchise” for “broadcasting for a fee,” among others.

Under the sub judice (under a judge) rule, public discussion on cases under judicial consideration may constitute interference with due process.

“The issue on sub judice regarding legislative inquiries has long been resolved by the Supreme Court in Sabio vs. Gordon and in the cases that reiterate it: On-going judicial proceedings do not preclude congressional hearings in aid of legislation,” Poe said.

Senate President Vicente Sotto III and Senator Sherwin Gatchalian supported Poe’s initiative.

In a radio interview, Sotto said a resolution looking into the allegations “is in order”.

“Maganda para nga magkaroon din ng pagkakataon ang ABS CBN na maeksplika, at hindi kung ano yung naririnig lang, ano itong alleged violation na ito (It’s good that ABS-CBN would also have the chance to explain, and not just what is just being heard, about the alleged violations),” Sotto said.

He said the Senate probe may also be a way for Poe to speed up the process if the network’s franchise reaches the Senate.

Under the law, the Senate cannot act on pending franchise bills unless the House approves it.

“Para hindi na humaba ang usapin, at saka hindi naman siya pwedeng mag-hearing tungkol sa franchise dahil wala pa sa amin (So the hearings would not take long, and besides, she cannot conduct hearings on the franchise since it is not yet transmitted to us),” Sotto said.

In a Senate interview, Gatchalian said he also supports the planned Senate probe since the venue could serve as a “neutral ground” to discover and analyze whether or not the allegations against the network are true.

He pointed out that while Poe’s resolution is not for a hearing for a franchise renewal, the performance and shortcomings of ABS-CBN may be discussed anyway, “assuming the franchise reaches the Senate”.

“What is important is to find out if there are indeed, violations, how do we correct and prevent these violations, and if these violations can be grounds to revoke the franchise or not to renew it,” Gatchalian said.