MANILA, Philippines — A Senate panel proceeded with its own hearing on the legislative franchise of ABS-CBN Corp. and the network’s supposed violations Monday, maintaining that there is nothing wrong and unconstitutional with the inquiry.
“
Madaming
gustong
pumigil
sa
pagdinig na
ito
o
kinukuwestiyon
ang
pagdinig na
ito.
Naninidigan
ang
Senado sa
kapangyarihan
nito
bilang
kapantay na sangay
ng
gobyerno,” Sen. Grace Poe, chair of the committee on public services, said as she opened the inquiry.
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(Many want to stop the conduct of this hearing or are questioning this hearing. The Senate stands by its authority as a co-equal branch of the government.)
She added: “We need to know the truth and we need the public to hear it.”
Senators took turns explaining why the hearing is in order while the matter is still pending in the House of Representatives.
Earlier, Speaker Alan Peter Cayetano said the Senate would violate the Constitution should it hold a hearing on ABS-CBN franchise without waiting for the House of Representatives.
It was not until Monday morning that the House started its proceedings on the franchise renewal of ABS-CBN. The House committee on legislative franchises will start gathering position papers on the media company's franchise renewal.
Senate Majority Leader Juan Miguel Zubiri said the Senate panel, under its oversight function, may listen to the complaints or
possible violations of franchise.
“By practice, by tradition and by precedence we have discussed and debated on committee level issues on the budget which should emanate from the House
as well as tax measures that can
be discussed on committee level simultaneously with the House provided that we do not approve committee report ahead of the House,”
Zubiri said.
Senate Minority Leader Franklin Drilon cited the case of Tolentino v. Secretary of Finance, which said that Constitution does not prohibit the Senate from hearing a proposed legislation in anticipation of its receipt of the bill from the lower house.
He also noted lawmakers have few session days to deliberate the matter before the franchise of ABS-CBN expires on March 30.
“It is for that reason both from the legal and practical standpoint that we’re holding his hearing,” Drilon said.
Jurisdiction issues
Sen. Francis Tolentino, a member of the administration PDP-Laban party, cautioned the hearing may violate the separation of powers.
“The Supreme Court has already assumed jurisdiction of the petition filed by the solicitor general.
Dahil
meron na
isang
kasong
dinidinig at
sumagot na
ang ABS-CBN. Hindi
ba
po
kaya
tayo ay
sasalungat
doon
sa
prinsipyo
ng sub judice, separation of powers?” Tolentino said.
(Because there is already a case being heard, wouldn’t we going against the principles of sub judice and separation of powers?)
“Out of respect to a co-equal branch of government, the Supreme Court
for that matter. Isn’t it correct and judicious to defer to the highest tribunal in so far as the ABS-CBN issue
is concerned?” he asked.
Solicitor General Jose Calida accused the network of violating its franchise law and had asked the Supreme Court to revoke its franchise in a
quo
warranto petition.
Citing various decisions, Poe stressed that judicial proceedings do not
preclude Senate hearings in aid of legislation.
“We should have more confidence on our justices. The reason
why there is probably an issuance of gag order is supposedly
they would not be unduly influenced,” Poe said.
She added: “But let us also trust they have good judgment. That it doesn’t mean that discussions are going on and they hear it, they will immediately forego what’s
actually written in law or replace it with popular opinion.”
The committee chair also said SC justices were resource persons in the House hearings to impeach Chief Justice Maria Lourdes Sereno. The high court later voted to void her appointment.