M'II{II.

A PHITIPPINES I TUESDAY IO MARCH 2O2O

Congressional resolutions are not laws

A resolution. issued by of ABS-CBN. Undoubtedly, the in early May 2020, and with little time left to issue a resolution authodzing the l(TC to.
(( Congress is hot. synonymous to House took its sweet iime ignoring for Congress to deliberate on the renewal of issue a provisional permit for the continued,
Both the legislation. It cannot and will the numerous bius pending since Lhe franchise, both l,he House and the Senate uninterrupt€d operation of AB$CBN while
Eouee and never be a valid substitute for a last ,€ar u.rging the renewal of the obviously do not want the public to get the Congress deliberates on the network's
the knate le$slative enactment or statute. expiring ftanchise ofthe broadcast impression thal by the inexcusable inaction franchise. That period can last until 2022
obaiqusfu dn Under the Constitution, netleork of both houses, the AB$CBN franchis€ lapsed when the current Congress will go on recess
nat uant the a proposed law or statute , It is only now, on the eleventh to death. to prepare for the elections.
ptthlit to gct goes through three readings . hour, that the llouse seems to At first, Congress found solace in the earlier Congress ought to
tlw iwtrasion in both houses, with intense have reblized the folly of its view of the Department of Justico that. the C( know that its resolution
tttrt W tLe debat€s taking place during inaction. National Telecommunications Commission fui obalaus canmt legally obligate the
the second hearing. The drafr (NTC) may issue a provisional authority. for a
inaxaBable lllE SGRlmt4R .identified
law approved by Congress is ,;11; n:,^::-:- -
. Mea-nwhile. several poliaical
senators t easor,s, NTC to issue to ABS-CBN
inaction of with the ABS-CBN to continue operating pending tzsohtfun a provisional permit to
iboth lloi.rce, eventually submitted to the vrLtur rlvcLrrro opposition have made separate, congressional action on its franchise. awnt arracnd, operate once its franchiSe
thc AB\CBN president of the Philippines for his approval, albeit unconstitutional calls for the renewal of That solace was short lived after it was modlfit or expires, because only a
fmnahise which is manifested by his signature, or his the network's franchise. As seen in a Senate revealed that back in February 2008,'the repwl an stetutory mandate from
I@sd, to dnath acquiescence, as when he lots the draft bill hearing, these sena.tors erroneously equated Supreme Cou.rt had categorically rulod that edsdng sffirte, Congress can do that.
,"lapse into law, or his disapproval, as €mbodied the franchise issue with press freedom and the NTC has no power to issue a,provisional ot swsnde er,. An agency under the
in his veto. job security. permit to operate a broadcast network ereattiu ordgr Executive department of
' A resolution does not go though that long, As repeatedly pointed out in this newspaper, whose legislative franchise has already 'tssuod
W tto the national government is
detailed, intricate, tedious and adversadal
process. It does not need the approval of
press freeilom is ndt the issue because the expired. prwld4nt dutY-bound to implement
constitutional right to press fr€edom must be More specifrcally, since the power to issue a law6, not congression{
the president. In other words, a resolution is balanced with thd constitutional prohibition franchise to operate broadcasi media belongs resolutions.
merely a formal statement issuod by either or against alien omership and management of to Congress alone, to allow the NTC to issue If the NTC does issue a provisional
both houses of Congress. mass media in tlte Philippines, p prohibition a provisional permit to operate is to allowthe p€rdit to ABS-CBN after the network's
For obvious reaaons, a resolution cannot which, according to 0ffrce of the Solicitor NIC to srercise legislative power. franchise expires, ihat act will be in
amend, modify or repeal an existing statute, General, was violated by ABS{BN. Rulings of the Supreme Court on what the manifest defiance of the Constitution and
or supersede an executive order issued by the Job security, on the other hand, cannot Constitution means are binding on Congross will certainly invite anti-graft raps against'
president. prevail over every person's obligdtion to comply and the NIc. NTC officials.
the llouse of Representatives has found itself with mandatory- restrictions recited in the It appears that s€veral politicians who The congreismen whO sign that resolution
in a mess of its own creation in the current Constitution. do not or refuso to understand how the will also eouri anti*ra,ft cases likewise for
controwtsy sun'ounding the legislative franchiso With the AB$CBN franchise set to expire Constitution works ftanaged io get Congress openly defyirig the Constitution.
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