On Constitutional Concerns Regarding the Senate Hearing on ABS-CBN’s Franchise

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Speaker Cayetano may have a point since the Constitution provides that bills of local application like franchise measures must originate from the House of Representatives.

He is wrong in equating it to the Charter change issue, though, since as practiced and for expediency, we conduct committee hearings on tax and budget measures even before the House transmits its approved version of the bill to the Senate.

What can be considered blatantly violative of the Constitution is if the Senate committee chairperson reports out on the floor for plenary debates the committee report. This is something we have not done and will never do.

Having said that, what I understand to be tackled by the Public Services Committee are not the bills in connection with the ABS-CBN franchise but a filed resolution to conduct an inquiry in aid of legislation on the alleged violations of ABS-CBN that is being questioned by the Office of the Solicitor General before the Supreme Court via a quo warranto petition in which I have earlier expressed reservation out of courtesy to a co-equal branch that has already given due course to the said petition.

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Merit, Not Jurisdiction, is Real Issue on Quo Warranto Petition vs ABS-CBN

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Let the Supreme Court deal with the Solicitor General’s quo warranto petition. That gives no reason why the House of Representatives should not report out and debate in plenary the application for legislative franchise filed by ABS-CBN and transmit the bill to the Senate for our immediate deliberation.

As I have earlier mentioned, there is no jurisdiction issue here. Rather, it is about merits in the SolGen’s allegations regarding an existing 25-year franchise that is expiring and over which the Supreme Court has original jurisdiction under the 1987 Constitution; and the merits of ABS-CBN’s application for a legislative franchise that Congress has the sole power to grant or deny under the same Constitution.

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On the Quo Warranto Petition vs ABS-CBN

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It is a matter of different jurisdictions. The quo warranto petition is under the original jurisdiction of the Court. Approval or renewal of legislative franchise is the jurisdiction of both houses of Congress. As such, I see no conflict in jurisdictions.

As in the case of former Chief Justice Sereno, under Art VIII, Sec 5, Paragraph 1 of the 1987 Constitution, the Supreme Court exercises original jurisdiction over a petition for quo warranto, among other petitions filed by the State through the Office of the Solicitor General.

Hence, Solicitor General Jose Calida cannot be prevented from filing the petition in the case of the legislative franchise of ABS-CBN.

Likewise, Congress is not prevented from exercising its powers under the same Constitution to act on the application for renewal or a new franchise which is now pending before the House of Representatives.

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#PINGterview: Payo sa Bagong Chief PNP; Kaltas sa 2020 Calamity Fund

In an interview on DWIZ, Sen. Lacson answered questions on:
– Priorities of Archie Gamboa as new PNP chief
– P4B cut in 2020 calamity fund going to pork?

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#PINGterview: Galawang Ninja? Ping Details How Pork is ‘Hidden’ in 2020 Budget

In a phone patch interview on DZBB and GMA News TV, Sen. Lacson detailed how pork items that violate the Supreme Court’s 2013 ruling outlawing pork are ‘hidden’ in the 2020 budget.

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