Like In Elections, Political Lines Drawn In ABS-CBN Voting; Should Congress Continue Granting Franchises?

House Speaker Alan Peter Cayetano is appealing to people to read the report of the technical working group that summarized the issues tackled in the hearings on ABS-CBN Corp.’s franchise renewal.

If the House committee on legislative franchises were a court or an agency that could make decisions on issues ranging from citizenship to labor issues, news stories would probably be based solely on its findings against ABS-CBN.

But being a political body, the voting became the subject of scrutiny.  Judging from the results, it would be difficult to disabuse the minds of people that the ABS-CBN issue was more political than factual or legal, and that franchises should not be left to the decision of politicians but instead should be entrusted to a more objective regulatory body.

Like in the 2016 and 2019 elections, pro-administration lawmakers appeared to stick together – voting against the renewal of ABS-CBN’s franchise – and prevailing over the members of the opposition, who wanted to approve the network’s application to continue its operations.

Before the voting on Friday, July 10, there were speculations that the leaders and members of the committee were being pressured to go against ABS-CBN or they would get zero budget, and that the marching orders to “kill” the network came from President Duterte himself despite repeated denials from Malacañang.

With a franchise considered a privilege, Congress has the power to grant a broadcast franchise, which emanates from the House of Representatives. This is part of the so-called political doctrine.

“The very idea of Congress granting franchises to broadcast media must be questioned,” lawyer Romel Bagares, a Lyceum of the Philippines University College of Law lecturer, told The Philippine STAR.

Bagares argues that franchises are not required by the Constitution but are only statutory or by law.

“Conflict of interest (will always be present) because the media regularly reports on politics,” he said.

In the United States, Bagares pointed out that franchises for broadcasting, satellite, wire and cable services are granted by the Federal Communications Commission.

Bagares said this will also remove perceptions that the House can railroad decisions or usurp the functions of regulatory agencies and the courts in deciding on issues surrounding a media network.

For instance, labor issues are decided on by the National Labor Relations Commission and the courts while the issuance of Philippine depositary receipts is decided on by the Securities and Exchange Commission. ABS-CBN was not able to go through various processes to defend its position. At the Senate, the network was cleared of any violations or, if there were any, these would not merit closure or denial of its franchise to operate.

In the Philippines, Congress grants the franchise that is forwarded to the president for signature while the National Telecommunications Commission is in charge of the implementation and regulations.

Political alliances

Sen. Francis Pangilinan, also president of the opposition Liberal Party (LP), said “political lines were drawn” in the voting on the ABS-CBN franchise.

The LP has been fighting an uphill battle against a popular administration since 2016. In 2019, no one among its senatorial candidates won in the midterm elections.

Pangilinan expressed belief that those who voted in favor of ABS-CBN’s franchise renewal went against “self-serving, reckless and tyrannical politics, represented by the mindless decision to close the station and render (11,071 workers) jobless” as well as many others who depend on the network for their livelihood amid the raging pandemic.

The LP said its position on ABS-CBN’s franchise renewal was clear.

Plight of the employees

Appeals to consider the welfare of the thousands of ABS-CBN employees were brushed aside by the House. In fact, in the report of the House technical working group or TWG, it was stated that while the network “gives its non-regular employees various company-initiated benefits,” they were deprived of the most important and advantageous – security of tenure.

“It is unfortunate that a multi-billion company like ABS-CBN has not regularized its independent contractors, talents, contractual (employees), project and seasonal workers who perform the functions of regular employees,” the TWG noted.

The TWG report also cited the Department of Labor and Employment’s official statement on July 1, which declared that its labor inspectors found violations of laws and labor standards by ABS-CBN and that there are 67 pending cases against the company before the National Labor Relations Commission (NLRC) and various courts.

It noted that former employees who previously filed cases against ABS-CBN testified that they were illegally dismissed because they formed unions, and that they were made to sign employment contracts containing a waiver of the right to regularization.

Those who refused to sign an employment contract containing a waiver of regularization were downgraded to project employees and later dismissed, the TWG noted.

ABS-CBN has repeatedly explained that its reason for failing to regularize many of its employees was due to the “uniqueness” of the business, with many of the employees hired only for specific programs with a limited period of operation.

The TWG highlighted that only 25 percent or 2,661 of the total 11,701 workers of ABS-CBN are regular employees.

While labor complaints against networks go through various government agencies and the courts, the issue was used by the committee on legislative franchises as one of the grounds to deny ABS-CBN a new franchise.

Grand plan

Pangilinan thinks the situation of the workers will not matter if the administration intends to suppress mass media so it can push its agenda.

“As the history of mankind spanning thousands of years will show us, for tyrants, holding on to and exercising uncontested, absolute power is far more important than the welfare of the people,” Pangilinan said.

Danilo Arao, an associate professor of the Department of Journalism at the University of the Philippines College of Mass Communication in Diliman, Quezon City, explained that the “grand plan may be defined along the lines of maximizing” the coronavirus disease 2019 pandemic to push for what they failed to do in the past.

The plan, he argues, includes the enactment of the Anti-Terrorism Act, the phase-out of traditional jeepneys, an intensified crackdown on dissent and further attacks on mass media.

 Bayan Muna party-list Rep. Carlos Zarate told One PH’s “Sa Totoo Lang” on July 10 the issue could not be separated from Duterte because of his previous statements of the President against ABS-CBN that could have influenced the voting.

Arao believes that even if presidential spokesman Harry Roque has been saying that the President “is neutral  about ABS-CBN’s franchise issue…he (Duterte) said seven months ago, ‘I will see to it that you’re out.’ Even granting that Duterte has ‘forgiven’ ABS-CBN, he did not retract his past remarks against ABS-CBN dating back to the 2017 SONA (State of the Nation Address).”

Senate Minority Leader Franklin Drilon said in a statement on Friday, July 10 that he was deeply saddened by this episode in the history of the nation.

“It is reminiscent of the dark pages in the history of Philippine press in 1972. Democracy thrives when there is free press and when journalists can exercise complete freedom to do their mandate of reporting facts without fear. But with what happened to ABS-CBN, it has shown that the ‘sword of Damocles’ can be unleashed any time,” Drilon declared.

“The sword of Damocles will continue to hang perilously over other media networks. Both the legislators and the executive can wield the sword at their whim and caprice. This is when democracy starts to weaken,” he said.

Aside from the big blow on press freedom, Drilon stressed that in the face of a global pandemic, “we need more access to information” and ABS-CBN complements other stations in providing timely and accurate reportage even in the farthest locality unreachable to others, even to the government.

“The ABS-CBN as an institution can survive this episode, no doubt, but the people whose livelihood depends on the network are the real casualties of this unfortunate and politically-charged event. The 11,000 workers losing jobs next month have families to feed, rent and mortgages to pay and children to send to schools. They will suffer the consequences of the decision of the House of Representatives,” Drilon said.

ABS-CBN officials and employees, as well as its artists, broke down in tears after the House voting.

“It is the primordial duty of any representative government to protect the welfare of its citizens. As such, by failing to protect the welfare of 11,000 workers and rendering them jobless, this government has failed to fulfill its primary function,” Pangilinan said.

The 11 lawmakers who voted in favor of ABS-CBN or “no” to the resolution to reject the franchise were Sol Aragones (Laguna, 3rd district), Christopher De Venecia (Pangasinan, 4th district), Carlos Zarate (Bayan Muna party-list), Gabriel Bordado (Camarines Sur, 3rd district), Vilma Santos (Batangas, 6th district), Lianda Bolilia (Batangas, 4th District), Jose Tejada (North Cotabato, 4th district), Bienvenido Abante (Manila, 6th district), Stella Quimbo (Marikina, 2nd district), Mujiv Hataman (Basilan) and Edward Maceda (Manila, 4th district).

Quezon City Rep. Alfred Vargas, a former actor, inhibited from voting, citing conflict of interest. Rep. Micaela Violago (Nueva Ecija) also inhibited. AKO BICOL party-list Rep. Alfredo Garbin Jr. abstained.

The House has yet to release the official list of the 70 congressmen who junked ABS-CBN’s application to have their franchise renewed. But they have been reported as the following: 

1. Raneo Abu
Batangas, 2nd district
2. Cyrille Abueg-Zaldivar
Palawan, 2nd district
3. Gil Acosta
Palawan, 3rd district
4. Antonio Albano
Isabela, 1st district
5. Samantha Louise Alfonso
Cagayan, 2nd district
6. Juan Miguel Macapagal Arroyo
Pampanga, 2nd district
7. Cristal Bagatsing
Manila, 5th district
8. Julienne Baronda
IloIlo City, Lone district
9. Elpidio Barzaga Jr.
Cavite, 4th district
10. Claudine Bautista
Party List - DUMPER PTDA
11. Juan Pablo Bondoc
Pampanga, 4th district
12. Antonio Calixto
Pasay, Lone District  (representing Rep. J. Lacson-Noel)
13. Precious Castelo
Quezon City, 2nd district
14. Joaquin Chipeco Jr.
Calamba City, Lone district
15. Ma. Theresa Collantes
Batangas, 3rd district
16. Anthony Peter Crisologo
Quezon City, 1st district
17. Francisco Datol Jr.
Party List - SENIOR CITIZENS (representing Rep. M. Romero)
18. Michael Defensor
Party List - ANAKALUSUGAN (representing Rep. R. Puno)
19. Paulo Duterte
Davao City, 1st district
20. Faustino Michael Dy
Isabela, 5th district
21. Faustino V. Dy
Isabela, 6th district
22. Ian Paul Dy
Isabela, 3rd district
23. Conrado Estrella III
Party List - ABONO
24. Ria Christina Fariñas
Ilocos Norte, 1st district
25. Dan Fernandez
Laguna, 1st district
26. Bayani Fernando
Marikina City, 1st district
27. Luis Ferrer IV
Cavite, 6th district
28. Pablo John Garcia
Cebu, 3rd district
29. Janette Garin
Iloilo, 1st district
30. Sharon Garin
Party List - AAMBIS-OWA
31. Weslie Gatchalian
Valenzuela City, 1st district
32. Sandro Gonzales
Party List - MARINO (representing Rep. P. Pichay)
33. Eduardo Gullas
Cebu, 1st district
34. Bernadette Herrera-Dy
Party List - BH
35. Dulce Ann Hofer
Zamboanga Sibugay, 2nd district
36. Eleandro Jesus Madrona
Romblon, Lone district
37. Dale Malapitan
Caloocan City, 1st district
38. Esmael Mangudadatu
Maguindanao, 2nd district
39. Rodante Marcoleta
Party List - SAGIP
40. Eric Martinez
Valenzuela City, 2nd district
41. Francisco Matugas
Surigao del Norte, 1st District  (representing Rep. J. Pimentel)
42. Raymond Mendoza
Party List - TUCP
43. Roger Mercado
Southern Leyte, Lone district
44. John Marvin Nieto
Manila, 3rd district
45. Juan Fidel Felipe Nograles
Rizal, 2nd district  (representing Rep. F. Hernandez)
46. Jericho Jonas Nograles
Party List - PBA
47. Henry Oaminal
Misamis Occidental, 2nd district
48. Joseph Stephen Paduano
Party List - ABANG LINGKOD
49. Wilter Palma II
Zamboanga Sibugay, 1st district
50. Enrico Pineda
Party List - 1-PACMAN
51. Jesus Crispin Remulla
Cavite, 7th district
52. Strike Revilla
Cavite, 2nd district
53. Yedda Marie Romualdez
Party List - TINGOG SINIRANGAN
54. Ferdinand Martin Romualdez
Leyte, 1st district
55. Xavier Jesus Romualdo
Camiguin, Lone district
56. Deogracias Victor Savellano
Ilocos Sur, 1st district
57. Frederick Siao
Iligan City, Lone district
58. Jose Singson Jr.
Party List - PROBINSYANO AKO
59. Jose Antonio Sy-Alvarado
Bulacan, 1st district
60. Alyssa Sheena Tan
Isabela, 4th district
61. Sharee Ann Tan
Samar, 2nd district
62. Arnolfo Teves Jr.
Negros Oriental, 3rd district
63. Abraham Tolentino
Cavite, 8th district
64. Allan Ty
Party List - LPGMA  (representing Rep. A. Gonzales)
65. Christian Unabia
Misamis Oriental, 1st district
66. Rolando Valeriano
Manila, 2nd district
67. Luis Villafuerte Jr.
Camarines Sur, 2nd district
68. Camille Villar
Las Piñas City, Lone district
69. Eric Yap
Party List - ACT-CIS
70. Divina Grace Yu
Zamboanga del Sur, 1st district

The following were the grounds cited by the technical working group to junk ABS-CBN’s application for franchise renewal, wherein Marikina Rep. Stella Quimbo dissented in behalf of the minority: