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Abs-Cbn Case (Pjar)

ABS-CBN, a major media corporation in the Philippines, is facing legal challenges to its franchise renewal from the Solicitor General who filed a quo warranto case claiming ABS-CBN violated the terms of its franchise by allowing foreign ownership. The Solicitor General alleges ABS-CBN sold shares to foreign entities and introduced a pay-per-view channel without government approval. Critics argue the case is an attempt to politically harass and threaten a pillar of the free press in the Philippines due to the network's past conflicts with President Duterte.

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RIAMBON, Pearl Jasmine A.
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31 views2 pages

Abs-Cbn Case (Pjar)

ABS-CBN, a major media corporation in the Philippines, is facing legal challenges to its franchise renewal from the Solicitor General who filed a quo warranto case claiming ABS-CBN violated the terms of its franchise by allowing foreign ownership. The Solicitor General alleges ABS-CBN sold shares to foreign entities and introduced a pay-per-view channel without government approval. Critics argue the case is an attempt to politically harass and threaten a pillar of the free press in the Philippines due to the network's past conflicts with President Duterte.

Uploaded by

RIAMBON, Pearl Jasmine A.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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PJAR Feb.

2020

“ABS – CBN CASE”

I. Presentation of the Case


ABS–CBN Corporation is currently facing a huge controversy. People had many
opinions about it. If we search the word ABS-CBN on the website, there are some results that
are shown, showing about ABS-CBN Quo Warranto another case of Harassment; Pinning
down ABS-CBN Through a Quo Warranto Case; vs. ABS-CBN; Philippines moves to Shut
ABS-CBN; No TRO for now vs. ABS-CBN Movie Channel KBO; ABS-CBN settles tax case
with BIR and Solicitor General Jose Calida has filed with the Supreme Court a quo warranto
and many more. But before we discuss about these opinions, let us know first the cases all
about.
According to Attorney General Xavier Becerra, State of California Department of
Justice, the Quo Warranto is a special form of legal action used to resolve a dispute over
whether a specific person has the legal right to the public office that he/she occupies. Quo
warranto is used to test a person’s legal right to hold an office not to evaluate the person’s
performance in the office. It is not available to decide whether an official has committed
misconduct in office.
In Solicitor General Jose Calida petition before the high court, Calida contended:
“The legislative franchises of ABS-CBN Corp. and its subsidiary ABS-CBN Convergence
Inc. must be revoked. A franchise is a special privilege [given] by the State, and should be
restricted only to entities, which faithfully adhere to our Constitution and laws. He presented
a pile of documents to show that ABS-CBN sold Philippine Depositary Receipts to non-
Filipino entities, who are strictly prohibited from owning stocks in media companies in the
country. He alleged that ABS-CBN violated the terms of its franchise and, therefore, should
be barred from renewing it.

II. Misconduct
The Foreign Correspondents Association of the Philippines, which normally shies
away from partisan quarrels, has declared: “ABS-CBN is a cornerstone of Philippine
democracy and the free press for its independent and critical reportage and massive following
in the country and abroad. These moves politically harass and threaten a pillar of the media
industry.”
Because ABS-CBN majority owners, the Lopez family, and President Rodrigo
Duterte have been at odds in the past for political reasons, it has been speculated that the
President is exerting his powers to persuade Congress to stall the franchise renewal, and that
he is the principal reason why the Solicitor General filed the quo warranto petition.

Mr. Calida said the government will prove that ABS-CBN has been broadcasting for a
fee, “which is beyond the scope of its legislative franchise.” He also accused the company of
hiding behind what he said was an “elaborately crafted corporate veil” by allowing foreign
investors to take part in its ownership. He stressed that ABS-CBN “abused the privilege
granted by the state” when it introduced a pay-per-view channel without approval by the
government’s telecommunications commission.

As he has with ABS-CBN, Mr. Duterte has personally gone after Rappler, arguing that it was
partly owned by foreign investors.

The attempt to shut down Rappler, however, appears to have fizzled after the news site’s
foreign investors transferred their shares to their Filipino partners.

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