Congressmen criticize Calida’s quo warrantuo petition vs ABS-CBN before SC

February 10, 2020

Lawmakers criticized the quo warranto petition filed by Solicitor General Jose Calida before the Supreme Court (SC), saying its move to have the franchise of ABS-CBN revoked is an usurpation of Congress’ powers.

Deputy Speaker and Camarines Sur Rep. Johnny Pimentel said Congress has the exclusive power to grant or cancel any franchise.

"In effect, OSG (Office of the Solicitor General) is already usurping the power of Congress. Congress has not yet even decided whether to renew or cancel the franchise," Pimentel said.

ABS-CBN's alleged violations "should be tackled during the hearing" of its franchise renewal by Congress, he said. "The quo warranto (petition) has preempted the actions of Congress," Pimentel said.

Albay Rep. Edcel Lagman and Laguna Rep. Sol Aragones and Ako Bicol party-list Alfredo Garbin shared the same position.

Lagman, author of a House resolution supporting the renewal of ABS-CBN’s franchise, dismissed as “unwarranted and misplaced” the petition filed by Calida.

Lagman said by filing the quo warranto petition, the “respondent usurps the exercise of a public office, position or franchise to which the respondent is not entitled in the first place.”

“A holder of a valid congressional franchise is not a usurper,” Lagman said.

Aragones said she respects the decision of the Solicitor General but pointed out "that the members of the House of Representatives are prepared to tackle the issues raised by the OSG as part of our mandate to study and evaluate all matters involving the renewal of legislative franchises."

Garbin said despite the pending petition at the SC against ABS-CBN, the House committee on legislative franchises continues to have jurisdiction on the franchise renewal application of the latter.

“The committee may continue to hear its application and receive requirements to prove its qualification for renewal or may scrutinize if there is any grounds for disqualification,” he added.

Cagayan de Oro City Rep. Rufus Rodriguez said Calida did “an unwarranted poaching on the exclusive power of Congress to grant, cancel or renew franchises" and "a direct assault on freedom of the press."

Deputy Speaker and Pangasinan Rep. Rose Marie Arenas appealed to the leadership of the House of Representatives to be non-partisan.

Arenas, one of the principal authors of the bill renewing the broadcast network's franchise, said: "I consider the filing of a quo warranto petition against (ABS-CBN) as a formal disclosure of the position of the Government with respect to the renewal of the said franchise." DMS