By Artchil B. Fernandez
Finally, the charade is over. After conducting 12 hearings, the House Committee on Franchise concluded its business. Voting 70 in favor and 11 against, with 2 inhibitions and 1 abstention, the Committee adopted the position of the technical working group denying ABS-CBN of its franchise to operate. With this decision, ABS-CBN is not going on air anytime soon.
Did the results of the hearings support the allegations against the network? Is the decision of the franchise committee based on facts? Is the verdict of the House Franchise Committee anchored on the findings of the hearings?
The major issues against ABS-CBN during the hearings are the US citizenship of its former chair, violations of labor laws, foreign ownership through the issuance of Philippine Depositary Receipts (PDRs) and tax evasion. Government agencies that can shed light on the issues leveled against the network were called to give their testimonies.
Both the Bureau of Immigration (BI) and the Department of Justice (DoJ) confirmed that the former chair of ABS-CBN, Gabby Lopez, is a Filipino citizen and never lost his citizenship. The Department of Labor (Dole) on the other hand said the network has complied with labor laws and has not violated laws related to labor practices in the country.
The Securities and Exchange Commission (SEC) informed the House Committee on Franchise that the issuance of PDRs by the network is in accordance with the law and the practice is allowed. ABS-CBN is not the only company that issues PDRs to foreign investors, but many companies are doing this including GMA, the network’s rival.
Meanwhile, the Bureau of Internal Revenue (BIR) told the committee that ABS-CBN has no tax liabilities and regularly pays its taxes accordingly.
The facts revealed during the hearings dispute and contradict the charges against ABS-CBN. The allegations against the network have no basis at all. If the purpose of the hearings is to ferret out the truth and look at the veracity of the allegations against the network, all the hearings did is to confirm that the accusations are false.
Despite the failure of the hearings to prove the accusations against ABS-CBN, the House Committee on Franchise voted to deny it of the franchise. It is clear that the hearings were done not to find out the truth but to merely rationalize what has been already decided before – close down the network.
Rep. Marcoleta, a staunch anti-ABS-CBN member of the committee, accurately sums up the thinking and mentality of the House.
“It must be emphasized that contrary to ABS-CBN submission, it is not the view of the SEC that matters here. It is not the opinion of the DoJ that will prevail, not even BI or other agencies. It is the will of Congress that should be accorded respect.”
ABS-CBN was denied a franchise not because it violated the law or the conditions of its previous franchise. It was not given a franchise because Congress wants it closed. The network was deprived of a franchise on the whim of Congress. This is the worst display of arrogance of power, grave abuse of authority. The closure of ABS-CBN is a naked display of raw power.
Going beyond the arrogance of power, the closure of ABS-CBN is not only an assault to press freedom but signals the end of democracy, liberal democracy in the country. Congress closing down ABS-CBS is a major attack on press freedom. This is evident during the hearings. Representatives complained of the unfair portrayal of politicians in the network’s shows and alleged bias of its news. What they want is to control and dictate the contents of the news and programs of the station. If journalists have no control over the contents of the news and write only what politicians want, there is no more freedom of the press. Politicians dictating news content is not just censorship but the transformation of news into a public relation job or worst becomes propaganda.
But the most serious implication of the closure of ABS-CBN is the death, the end of democracy in the country. What we have today is a managed democracy. The Philippines is only a democracy in form but not in substance. The institutions of democracy exist but these institutions do not function or do not function in a real democracy.
The principle of check-and-balance is the cornerstone of democracy. The three branches of government – executive, legislative and judiciary- are independent of each other and check each other to prevent excesses and abuse of one branch. But the Philippines under Du30, the executive is in absolute control with Congress and the judiciary bending the knee if not cowed by the executive.
Under Du30’s authoritarian rule, the legislative and judiciary are only appendages of the executive. The denial of ABS-CBN’s legislative franchise is the latest evidence that the Philippines is a managed democracy. Despite a lack of evidence on the allegations against the network, its franchise was killed by Congress. ABS-CBN was closed because Du30 want it silenced – his vendetta against the network.
December last year Du30 made this vow. “Your franchise will end next year. If you are expecting that it will be renewed, I’m sorry. You’re out. I will see to it that you’re out,” he told ABS-CBN in a speech during the oath-taking of the executive committee of the League of Municipalities of the Philippines in Malacañang.
Congress meekly did Du30’s bidding last week, satisfying his thirst for revenge.
The Philippines is no longer a democracy. Du30 reigns supreme with a pliant Congress and judiciary bowing to his whims and caprices.
By closing down ABS-CBN, Du30 is telling everyone that he gets what he wants, that he has ultimate power. Denial of ABS-CBN franchise heralds the end if not the death of democracy in the country.
