ABS-CBN volunteered, not forced to shut down operations —House leader

Deputy Speaker Rodante Marcoleta on Monday insisted that ABS-CBN voluntarily, not forcibly, shut down its broadcast operations on May 5 after it was issued a cease and desist order by the National Telecommunications Commission (NTC).

Marcoleta made the remark in response to the position of Gabriela Women's Party Representative Arlene Brosas that ABS-CBN was forced to go off air a day after the expiration of its previous franchise.

In her sponsorship speech for the bill she authored seeking the renewal of ABS-CBN's franchise, Brosas lamented the shutdown of network's broadcast operations, which she said is an obvious attack on the press freedom in the country.

She pointed out that President Rodrigo Duterte has consistently threatened to block the franchise renewal of ABS-CBN, followed by the filing of the quo warranto case against the network by Solicitor General Jose Calida.

"May 5, eksaktong 7:52 ng gabi, napwersang mawala sa ere ang ABS-CBN matapos mag-isyu ang NTC ng cease and desist order – na nakakakilabot na pagpapaala kung paano ipinasara ang network noong 1972 ng diktadurang Marcos," Brosas said.

"Pilit na inaalis ang koneksyon ng mga pangyayari at laging sinasabi na hindi ito usapin ng press freedom. Ang batas daw ay batas kaya hindi pwedeng magpalabas, pero hindi kaya may kumukumpas para itigil ang palabas?" she added.

In response, Marcoleta, who represents those who oppose the grant of another franchise to ABS-CBN, denied that the network was forced to shut down its broadcast operations.

"Sa record, voluntary sila na nagpinid ng estasyon. Walang nag-pwersa sa kanila. Kung talagang lalaban sana sila sa korte, hindi sila nagsara," he said.

Marcoleta argued that ABS-CBN could have resisted the cease and desist order issued to them, but it chose not to.

"Wala namang halimbawang court order na kinuha, kahit na sinong tao siguro na pupunta sa kanila, [sasabihin nila] 'Bakit kami magsasara? Meron ba kayong court order?' Edi dapat nilaban nila. Nagboluntaryo silang magsara," he said.

Marcoleta also insisted that the issue was not related to press freedom, as it only deals with the right of ABS-CBN to use state-owned broadcast frequencies.

"Ang ABS-CBN merong radio and television broadcast. Ano ang issue doon? Yung prangkisa ng frequency. Huwag nating ikukumpara sa print media. Ang print media at ang broadcast media hindi pareho. Walang prangkisa ang print media. Walang prangkisa sa tinta at papel," he said.

"Nagkataon yung frequency, ito ay pag-aari ng estado. Limitado ito, kinakailangan nating i-allocate, kaya nire-regulate ng estado," he added.

Marcoleta also responded to remarks from his colleagues to recognize the corporate social responsibility-related activities of ABS-CBN, which had helped many Filipinos in times of calamity.

"Walang aagaw sa inyo nito. Ang inyong pagtulong ay mananatili sa inyong kasaysayan hanggang saan tayo makarating," he said.

"[Pero] ang gagawin nating pagtulong sa ating mga kababayan ay kinakailangan nating idaan sa lugar. Walang magandang pagtulong kung ang pagtulong ay gagawin natin sa pamamagitan ng ating paglabag sa batas," he added.

Marcoleta likewise asked respect from his colleagues who say that his allegations against ABS-CBN have "no legal basis in law and in fact."

"Maggalangan naman tayo sapagkat in the final analysis, only the Supreme Court will have the final say in the controversy as to the constitutional issues that we are about to tackle today," he said.

The joint House panels began hearing the bills granting another 25-year franchise to ABS-CBN after the House leadership decided to drop the measure that would supposedly give the network a provisional franchise until October 31, 2020.

The joint hearing will resume on Wednesday, June 3. —LDF, GMA News