FACT CHECK: Marcoleta’s Insistence That ABS-CBN’s Closure Was Because Of Network’s ‘Sins’ Needs Context

Claim: During the grand rally of presidential aspirant Ferdinand “Bongbong” Marcos Jr. and running mate Davao City Mayor Sara Duterte-Carpio held in Valenzuela City on Feb. 10, senatorial candidate and House Deputy Speaker Rodante Marcoleta insisted that ABS-CBN lost its franchise due to the “sins” the network committed.

Marcoleta made the pronouncement in defense of actress-host Toni Gonzaga, who received backlash after she introduced him as soon-to-be senator during the proclamation rally of Marcos and Duterte-Carpio at the Philippine Arena in Bulacan on Feb. 8.

Gonzaga is one of ABS-CBN’s talents, and this issue apparently prompted her to drop her “Pinoy Big Brother” hosting stint after 16 years.

The SAGIP party-list representative is among the UniTeam’s senatorial bets, and is also one of the lawmakers who opposed the renewal of ABS-CBN’s franchise in 2020. The franchise denial resulted in the removal of ABS-CBN from free TV and the loss of jobs for thousands of its employees.

Rating: Missing context, misleading

Facts:

In his speech, Marcoleta urged the public to understand that the non-renewal of ABS-CBN’s franchise had to be done.

He said it was not his fault that ABS-CBN lost its franchise as he only did his duty in accordance with the law by voting against its application for renewal. He noted the public should understand that the network was not granted a legislative franchise due to its “sins.”

“Sana naman po ay lawakan ng ating mga kababayan ang kanilang pag-unawa na nawalan po ang prangkisa ng ABS-CBN dahil na po sa kanilang kasalanan. Ang ginawa po natin ay atas ng tungkulin na ibinigay satin ng ating mga batas,” he said. 

Marcoleta added that it was also the right of the people to watch ABS-CBN’s programs for free, without having to purchase the “black box” or the ABS-CBN TV plus device.

“Kahit may nawalan po ng trabaho, talaga pong ganun eh (Even if people lost their jobs, that’s how it really is),” Marcoleta said.

While not mentioning what “sins” the network committed, the House Deputy Speaker has been known to be instrumental in the non-renewal of ABS-CBN’s franchise, throwing several accusations at the media giant.

LIST: Issues Thrown Against ABS-CBN; #VoteYestoABSCBN Pushed | OneNews.PH

During the hearings on ABS-CBN’s application for renewal of its franchise, Marcoleta, Anakalusugan party-list Rep. Mike Defensor and Cavite 7th District Rep. Jesus Crispin “Boying” Remulla questioned how ABS-CBN Corp.’s subsidiary SKY Cable Corp. and TV Plus were still able to continue airing despite the National Telecommunications Commission’s cease and desist order (CDO) against ABS-CBN.

The congressmen claimed that ABS-CBN was able to circumvent the CDO through the franchise of Amcara Broadcasting Network – which was 49-percent owned by the network until Jan. 24, 2019. Amcara’s Channel 43 frequency was able to carry several digital channels such as Knowledge Channel and DZMM Teleradyo to millions of household viewers who bought the TV Plus.

But NTC Commissioner Gamaliel Cordoba, in a congressional hearing on ABS-CBN’s franchise in June 2020, admitted that ABS-CBN did not violate the terms of its old franchise when it introduced multiple programs through the TV Plus. Two days later, however, the NTC issued CDOs against SKY Cable Corp. and TV Plus.

ABS-CBN was also hit with allegations involving labor issues, particularly contractualization.

Department of Labor and Employment (DOLE) Undersecretary Ana Dione told congressmen during a House legislative franchises committee hearing that ABS-CBN was “fully compliant” with all labor regulations following a routine inspection within the company. But the DOLE later issued a statement that the network misinterpreted its stance, noting that violations of laws and standards by the company were noted, citing 67 cases pending before the National Labor Relations Commission.

The network was also accused of being tax delinquent, but the Bureau of Internal Revenue (BIR) and Philippine Economic Zone Authority attested that ABS-CBN has been duly paying its taxes for years. BIR assistant commissioner Manuel Mapoy testified before the House panel hearing in July 2020 that the ABS-CBN group has paid P71.5 billion in taxes from 2003 to 2019.

All legislative franchises must emanate from the House of Representatives based on the law. The decision to junk ABS-CBN’s application for renewal of franchise that led to its closure on May 5, 2020 was questioned as it was done only be House committee on legislative franchises. There were allegations that the move was politically motivated and orchestrated by Malacañang since President Duterte harbored a grudge against the media company due to its criticisms against him and its failure to air his campaign advertisements during the 2016 presidential elections

Various groups also considered the move as an assault on freedom of the press and of expression.

In August 2020, the Supreme Court s dismissed the petition filed by ABS-CBN challenging the CDO issued by the NTC on the ground of mootness.

Why it matters:

A video of Marcoleta making the statements about ABS-CBN earned 2,800 reactions and more than 13,000 shares via the Khopars Vlog Facebook page.