50-year limit refers to single franchise grant: DOJ exec | ABS-CBN

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50-year limit refers to single franchise grant: DOJ exec
50-year limit refers to single franchise grant: DOJ exec
Christian V. Esguerra,
ABS-CBN News
Published Jun 17, 2020 08:15 PM PHT
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Updated Jun 17, 2020 09:23 PM PHT

MANILA -- Congress can grant a new operating franchise as long as it would not exceed 50 years even if applicants have been operating for more than that period, a Department of Justice (DOJ) official told a joint hearing on Wednesday.
MANILA -- Congress can grant a new operating franchise as long as it would not exceed 50 years even if applicants have been operating for more than that period, a Department of Justice (DOJ) official told a joint hearing on Wednesday.
The constitution imposes that limit only for the grant of a single franchise, said Justice Assistant Secretary Nicholas Ty.
The constitution imposes that limit only for the grant of a single franchise, said Justice Assistant Secretary Nicholas Ty.
"Congress can issue multiple franchises that collectively, can exceed 50 years as long as the individual franchises do not exceed 50 years," he said.
"Congress can issue multiple franchises that collectively, can exceed 50 years as long as the individual franchises do not exceed 50 years," he said.
Deputy Speaker Rodante Marcoleta earlier insisted that ABS-CBN should not be granted a new franchise, arguing that it had been in existence as a company for more than half a century.
Deputy Speaker Rodante Marcoleta earlier insisted that ABS-CBN should not be granted a new franchise, arguing that it had been in existence as a company for more than half a century.
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ABS-CBN general counsel Mario Bautista warned that such interpretation of the constitutional limit on legislative franchises would mean that several other public utilities and media companies were violating the law.
ABS-CBN general counsel Mario Bautista warned that such interpretation of the constitutional limit on legislative franchises would mean that several other public utilities and media companies were violating the law.
"Napakabigat po nung bintang na kailangan 50 years lang ang public utility," he said.
"Napakabigat po nung bintang na kailangan 50 years lang ang public utility," he said.
Bautista noted that GMA-7 had been operating for 70 years, TV5 (ABC) for 62 years, and IBC 13 for 70 years.
Bautista noted that GMA-7 had been operating for 70 years, TV5 (ABC) for 62 years, and IBC 13 for 70 years.
The Manila Electric Co. and PLDT Inc. have been in existence for more than a century, he added.
The Manila Electric Co. and PLDT Inc. have been in existence for more than a century, he added.
"Kapag ang finding po ng Kongreso ay kailangan 50 years lang in operation ang isang public utility, lahat po tong mga korporasyon na binanggit ko ay violative of the constitution sa kanilang prangkisa," he said.
"Kapag ang finding po ng Kongreso ay kailangan 50 years lang in operation ang isang public utility, lahat po tong mga korporasyon na binanggit ko ay violative of the constitution sa kanilang prangkisa," he said.
Cagayan De Oro Rep. Rufus Rodriguez described the 50-year franchise limit as a "non-issue" and had "no bearing at all in the franchise application of ABS-CBN."
Cagayan De Oro Rep. Rufus Rodriguez described the 50-year franchise limit as a "non-issue" and had "no bearing at all in the franchise application of ABS-CBN."
Read More:
ABS-CBN franchise
franchise hearing
franchise renewal
franchise application
Mario Bautista
Rodante Marcoleta
Rufus Rodriguez
Nicholas Ty
Department of Justice
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