Ako Bicol Rep. Alfredo Garbin, Jr. described as “baseless” the petition of Atty. Larry Gadon before the Supreme Court (SC) to stop the move of the Lower House in enjoining National Telecommunications Commision (NTC) to grant ABS-CBN a provisional authority.
“This heckler seeks to challenge the constitutional authority on the grant of legislative franchises vested exclusively in Congress,” Garbin said.
Gadon countered the statement and suggested they should first read the said petition.
“Mali ang pagkakakintindi ni Cong. Garbin (Cong. Garbin misunderstood it). Actually, ganiyan ang nagyayari ‘pag hindi muna binabasa ‘yung ano (that’s what happens when it’s not read),” Gadon said.
“Actually, mga kaibigan naman natin ‘yang mga ‘yan (they are our friends). Kaya lang (But), siguro dapat lang mabasa muna nila ‘yung petition para lang mabuksan ‘yung kanilang pananaw dito (they should first read the petition to have a clear understanding of the matter). Tsaka ‘di naman ako (Besides, I am not) a heckler,” he added.
The petitioner clarified he is not complaining about the lawmaker’s statement, and insisted he has no grudge toward ABS-CBN. He added that he only wants the rule of law to prevail.
Meanwhile, Presidential Spokesperson Salvador Panelo believes Gadon has a point and that he also has the advice to the Lower House.
“Gaya-gaya, puto maya lang ‘yan (They’re just copying). We already made that statement several press briefings ago that provisional authority cannot be legal, because the NTC cannot give provisional authority if there is no franchise. If the franchise expires then there’s nothing to give provisional authority for,” Panelo said.
“Even the resolution, ‘di ba nagsalita na ako (I have already commented on this). As a lawyer, mukhang kukwestiyunin din ‘yun ng Korte Suprema (the Supreme Court is more likely to question it). My suggestion as an ordinary citizen if they are so minded as to giving provisional authority to ABS-CBN, then, why don’t they pass a bill giving such a provisional authority while they are discussing the very merit of the case of giving renewal 20 or 25 years,” he added.
House Speaker Alan Cayetano and House Committee on Legislative Franchises Chair Franz Alvarez have yet to comment on the issue.
Department of Justice (DOJ) Sec. Menardo Guevarra also welcomed Gadon’s plea and finds it an interesting question of law.
“No one ever said that a resolution can replace a full-fledged franchise law. Here we are talking about a vacuum that arises when a franchise expires and the Congress has yet to act on the franchise renewal bill,” Guevarra said.
The House is set to tackle the franchise renewal of ABS-CBN on March 10. – Report from Daniel Manalastas
