-IHE PHILIPIINE STAR
! rHE PHTLTPPTNE srAR "
THURSDAY I FEBRUARY 20,2o2o i (Dplnlon
POSTSCRIPT
FEDERICO D. PASCUAL Jr.
# iubs6ibers and worldwide following.
Can't the SC be fair
without a gag drder?
HE SOLICITOR General
seems to have a dim view
of the capacity of Supreme
Court iustices to have a firir appre-
ciation of dre administation move
to cancel the franchise of media gi-
anr ABS-CRN if dre issues are also
Followins uo his ouo warranlo petition for *re cout
to cancel *rE bioadcast firm's fraichise, Calida asked
lhe tribunat Tuesday to gag ABS-CBN CorP and its
comm unicati ons subsidiary, ABS-CBN Convergence,
' Theissuins
from statements on the case.
SolGin said that trjs plea for a gag order includes
the prohibition on ihe release of sLatements discussing
the {uo warranto plea of the "parties and persons acting
on their hehalf-"
Calida said that ABS-CBN has violated the sab
restricls partiet wihesses,.the general
'public ru\e thdt
iudice
as well as lawyers and judges from making com-
inents and disclosures rclated to pending court cases.
He comolained that after ABS-CBN issued a state-
ment on Feb. 10 responding to the quo warranto filing
the network engaged in "propaganda in a dear aiternpt
to elicit oublic svmoathv. swav public opinion and, ulti-
mately, io ilJlu6nci thdresohition of tlie case."
He cited among such violations a video explainer
titled "Quo *utr#ro pefLion laban sa ABS-CBN, ano
ang fuig snbihin?" First broadcast on Feb. 14. it explained
Ctida-s petition and AB9CBN's reply, and gave up-
dates on d're franchise renewal.
Pardon our savins it. but we *dnk that anv SC iustice
who carur ot see tfiroigh propaganda and mrist rel y on a
sas o.rder to stav indenendent and fair has no business
iitE ,g, togu all, i; the highest court of the land.
-.i
Th? na"6on is safer erposing itself to the winds of free
democratic discourse Lhan hurikering in a cave darkened
by state-imposed restrictiors on free expression and t}le
robust exchanse of oublic opinion.
. Franchis"e de6ate widens to press freedom
TtsE SLT{VWAL oroblem of ABS{BN and its subsid-
iary revolves aroul'd the renewal of its 25-year legisla-
tivb fralchise Lhat expires on March 30. 2020.
In the normal couise its renewal wiU be reiected or
passed upon by the Congress before being sdnt ro. the
Presidentforhih to approve, veto orallow to lapse into
law. If he veLoes it, the iongress could override tlre veto.
The orosoects o{ its renewal dimmed after Duterte
express'ed niisgi,ritrgs, citing the network's alleged fail-
ure to ak his TV campaien ads in lhe 2016 presidertial
election. His stance has"influenced the atdtude of his
loyalists in all branches of govemment.
I
Io l}ris non-lawver it is"not clear whv Duterte did
notiust file the pro6er cases (est#a?) against ABS-CBN
but chose to drig irito the mire the enhie ABS-CBN "k4-
pami lvd' lhat trtdudes its employees, talents, conhactors,
Seen in the contexl of other Duterte moves against
critical and indeoendent sectors of media his adminis-
tration's handlirig of the case has started to evolve into
a oress {reedom issue.
' A ouo warrdnto is described as a "special civil action
brouglt in the name of the state agairist a person who
usur6s. intrudes into, or unJaw4ully holds or exercises
a pu6tic office, position or franchisd; or ag,ainst a public
otficer. who do'es or suffers an act which" by law, con-
stitutes a cround for the {orfeihue of his office; or an
associatioi which acts as a corporation without being
.lesallv incomorated orwithoutlawful authority to act."
^ "thie SotCi:n s ouo warranto action looks like a shot-
eun blast to foreilose the emerging question of press
Eeedom. lt aims for the lugular oI the fianchise by alleg-
"warrant
ine violations that could its revocation before
irs%xoirv. or its non-extension if overtaken by Marcl 30
Ai tlie row started ho spill over to the baiic question
of freedom of expression, ihe resort to a gag ordir could
helo orevent lhe-widenine of ihe field of combat to areas
hafiig to do with civil liberties where the administra-
tion is vul-nerable.
There is no Lag order ye! the parties having been
given five days-to-respond after reieiving the 5C order
to comment on the OSG fiIine.
Congressmen were talkin! yesterday of what they
thoughi should be done, widi House leaders lining.up
behirid Malacaians's reluctance to renew the trancluse.
. Buhay Parrv-[sT Rep. Lito Atienza was prompted
to rcma;k; "Ying ayau; rwgfiabaho ang laki ng pinto n8
Konareso. umalis na kavo. There arc many competent
Filf,inos who can s emdbetter. '4yaw ninyo aksyudn dahil
takil knvo, isara na lanp natin ang Kongreso."
A n rimber of sen a tdrs vowed to proceed with a pubtic
inquirv although its practical effect on rcnewing the
frairchise is dedmed rhinimal. Minoritv Leader Frark-
lin Drilon filed a joint resolution seekii'tg to exlend the
validitv of the frahchise until the end of 2022.
Thd Management Association of the Philippines,
Makati BusinEss Club. lrutitute for Solidarity h Asia
and the Institute of Corporate Directors called on the
Corigrcss to consider the bedrcck issues of media free-
dorn-and free enterprise in thei-r deliberations.
Socioeconomic Plannine Secretarv Emesto Pemia
said its non-renewal may linder attaining diversity in
the economy and fosl.eiing competition. He wamed
that investoi confidence might dip if the goverrunent is
seen as interfering in a firm producing services desircd
bv the oublic.
' Nicl.rolas Bequelin, regional director of Amnesty
tnlernational, said: 'The authorities are cracking down
not iust on lhe TV networl but also on the right ofevery
Filiiino to freely express Gemselves. This (gag order)
olei must be withdrawn."
' Th" sovern enfs efforts to silence the press would
onlv infrLe more criticism, he said, adding: 'The gov-
eminent would do betler by listening and addressing
what is driving such criticiim ratherlhan resorting to
legal theatrics io suppress human rights "
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