Sol Gen Calida: ABS-CBN unworthy of franchise

File photo from CNN Philippines

Naniniwala si Solicitor General Jose Calida na sa pamamagitan ng pagtanggi na bigyan ng bagong prangkisa ang ABS-CBN Corp ay binigyan ng katarungan ng House of Representative ang mga Pilipino.

Ito ay patunay rin umano na hindi karapat-dapat sa isang prangkisa ang higanteng network dahil sa mga paglabag nito.

Ayon kay Calida, ang pagbibigay ng state franchise ay pribilehiyo, hindi isang karapatan.

“Congress has ascertained that ABS-CBN is unworthy of a legislative franchise, and its decision must be accorded respect.

“The denial of ABS-CBN’s franchise cannot be characterized as a restraint on freedom of expression or of the press because the primordial effect of such denial is the upholding of the constitutional provision and laws governing media companies like ABS-CBN. Congress has done its duty under the Constitution, and by its action, the rule of law has been upheld,” ayon sa Solicitor General

Sa 85 mambabatas, 70 ang bomoto pabor na hindi bigyan ng bagong prangkisa ang ABS CBN, 11 na may nais na bigyan ito muli ng pagkakataon.

“The 1987 Constitution vests upon Congress the sole power to review and approve franchises of public utilities. Consequently, ABS-CBN’s application for a franchise to operate solely depended on Congress’ assessment as to whether it is deserving of the privilege to use the airwaves of the State.

“True to its mandate, Congress endeavored to objectively evaluate ABS-CBN’s qualifications as an applicant for a franchise through the hearings conducted,” ani Calida

“The decision of the House of Representatives Committee on Legislative Franchises to deny the franchise application of ABS-CBN was arrived at after a thorough, exhaustive and painstaking consideration of all arguments.

“Throughout the 13 hearings, the public was witness to the grueling interpellations made by members of the joint committee on ABS-CBN’s executives and lawyers as well as on the resource persons from various government agencies [such as] the Department of Justice, the Bureau of Immigration, the Securities and Exchange Commission, and the Philippine Economic Zone Authority, among others,” dagdag pa niya

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