Senators Tito Sotto, Win Gatchalian, and Richard Gordon opposed some congressmen’s plans to occupy the ABS-CBN compound and take over after they killed the network franchise.
In a virtual interview, the vice-president of the Senate Committee on Public Services, Senator Sherwin Gatchalian, claimed that the failure to offer a legislative franchise could have taken away from the media giant the privilege of using the frequency, but not its ability to maintain ownership of properties.
This just means that the plan to take over the properties of ABS-CBN Corporation will not be viable because it is legally impossible.
“Yung frequency bumalik sa gobyerno. Puwedeng gamitin ng gobyerno ‘yun kung gusto nilang gamitin pero hindi mo magagamit ang frequency kung wala kang equipment which are the assets invested by the ABS-CBN Corporation.”
Gatchalian even said that it needs ABS-CBN’s permission to be able to use the said frequency,
“Without the permission of the ABS-CBN Corporation, hindi magagamit ‘yung equipment. Therefore, hindi magagamit ‘yung frequency. The frequency is very specific to the equipment, hindi ka puwedeng bumili ka lang ng transmitter magagamit mo na ang frequency, very specific ‘yan.”
Gatchalian, who was expected to head the Senate hearings on the ABS-CBN franchise had it passed the Lower House, said the Congressmen’s debate appeared pointless.
“You can discuss all you want but if legally it’s impossible, wala rin mangyayari. Ang assets of ABS-CBN is still with ABS-CBN and no one can use that without the permission of ABS-CBN,” he said.
Senate President Tito Sotto shared the same sentiment with Gatchalian. On his Twitter account, he said that the Constitution protects ABS-CBN Corporation from attempts to seize its assets, which was freely debated at a virtual meeting last week by some members of the House of Representatives.
“Takeover ABS-CBN property? Private property is constitutionally protected. Possession is given weight. There is a venue, the courts; and there is due process. Bawal judgemental!”
Takeover ABS CBN property? Private property is constitutionally protected. Possession is given weight. There is a venue, the courts; and there is due process. Bawal judgemental!
— Tito Sotto (@sotto_tito) July 23, 2020
Senator Richard Gordon also argued that his colleagues in the Lower House were “out of line” to address these issues during the ABS-CBN shutdown.
“I don’t think they can confiscate the properties of the ABS-CBN without due process of law. They canceled the franchise,” Gordon said.
“ABS-CBN is free to own it. Hindi naman puwede agawin ang physical properties ng ABS-CBN. I think they (Congress) are out of line there,” he added.
The Chairman of Committee on Justice and Human Rights then reminded people that there more things that we need to focus on, and if Congress continues to push the take over this could be seen as’oppression.
“There are better things to do, Sabi ko nga, ‘We have a bigger fish to fry’, so bakit natin pagaaksayahan pa, nasaktan na ang ABS-CBN at sa tingin ko parang lalabas na oppression na yan.”
A Zoom meeting between congressmen last Friday announced their plan to take over the ABS-CBN compound and its properties in Quezon City after the company failed to obtain a new franchise from the House Committee to broadcast on free TV and radio.
Among the participants in the virtual meeting were House Deputy Speaker Rodante Marcoleta, Anakalusugan Rep. Michael Defensor, and Deputy Major Jesus Crispin Remulla. Incidentally they were the same congressmen who led in the charge to deny ABS-CBN a franchise.
But according to Bayan Muna Rep. Carlos Isagani Zarate, the proposal of his colleagues is “unconstitutional.”
“That’s against the rules, against the law. Unconstitutional ‘yan dahil sinasabi sa Constitution na bigyan ng due process. If you’re in fact deprived of life, liberty, and property, dapat dadaan ‘yun sa proseso na ayon sa ating batas,” Zarate said
Remulla even tried to raise doubts about the Lopez family’s ownership of ABS-CBN Headquarters and the former Joint US Military Advisory Group (JUSMAG) Compound.
“Yung titulo nila (Lopezes) hindi naman totoo, pwede natin sila i-eject doon, kahit isang salita, natameme sa titulo. Banat na lng ng banat, hanap ng butas, pero titulo nila ayaw magsalaita kahit isang letra.”
On July 10, 70 members of the House panel voted to kill ABS-CBN’s franchise application, effectively shutting down the network’s free TV and radio broadcasts.
Five days later, ABS-CBN Corp. announced that it would cease the operation of some of its subsidiaries and lay off staff on August 31, 2020.
