Rep. Rodriguez wants 'public service time' requirement to ABS-CBN removed

Cagayan De Oro City Representative Rufus Rodriguez on Monday said the requirement for ABS-CBN to give the government 10% of its paid advertisements under the  proposed provisional franchise should be removed as it violates the constitutionally-granted equal protection of the law.

In a virtual interview with reporters, Rodriguez said he will move to amend House Bill 6732, or the measure granting a provisional franchise to ABS-CBN until October 31, 2020, to remove the "public service time" provision.

Section 4 of the bill stipulates the responsibilities of ABS-CBN to the public, which includes providing "free of charge, adequate public service time" to allow the government "to reach the pertinent population/s... on important public issues and relay important public announcements and warnings concerning public emergencies and calamities as necessity, urgency or law require."

The measure defines "public service time" as "equivalent to 10% of the paid commercials or advertisements which shall be allocated based on need to the executive, legislative, judiciary, constitutional commissions and international humanitarian organizations duly recognized by statutes."

According to Rodriguez, the said requirement was not found in the previous franchise granted to ABS-CBN in 1995, as well as in other franchises granted to other broadcast companies.

"Therefore, this becomes a violation of the Constitution that says no person shall be deprived of the equal protection of the laws. Why is it that others do not have this? And why is it that ABS-CBN is now required to have this 10%?" he said.

At the same time, Rodriguez said he will also move to have an "equality clause" in House Bill 6732 so that all privileges and benefits granted to ABS-CBN in this provisional franchise will be given to other broadcast companies that previously applied for a legislative franchise.

"What we also try to have in this bill is the equality clause, wherein if there is this clause, when you give more privileges to one particular franchisee, you should apply to all previous ones," he said.

"This one (public service time) is different, this is more of an imposition, not giving a benefit, not giving more privileges," Rodriguez added.

The House of Representatives on Wednesday consecutively approved in the committee level and on second reading House Bill 6732, but Rodriguez said the House leadership is set to recall the measure and return it to the plenary to correct the manner of its passage.

He pointed out that Article VI, Section 26, Paragraph 2 of the Constitution states that no bill will become enacted "unless it passes three readings on separate days."

"The problem with that is that the two readings were done on the same day," Rodriguez said.

"So to cure that, so that there will be no chance that there will be a case filed in court that will again question that because of this constitutional requirement, it's better that we have a curative measure of bringing it back to the plenary and approve it again on second reading this Monday separately from the second reading last Wednesday," he added.

The measure can then be approved on third and final reading by Monday next week, Rodriguez said, as there should be three session days before a measure is approved on final reading.

"Three days is the requirement because we don't have a certificate of urgency from the President," he said.

ABS-CBN went off air on May 5 -- a day after its 25-year franchise expired -- after NTC issued it a cease and desist order to stop its broadcast operations. --KBK, GMA News