The law and SC ruling are clear: No franchise for ABS-CBN, no broadcast

THE law passed by the 9th Congress in March 1995 that gave ABS-CBN the authority to operate as a TV and radio network is crystal clear: “The franchise shall be for a term of twenty-five years from the date of effectivity of this Act.”

Period. Absolutely nothing in that law (and in all franchises) has a qualification that when that 25-year period ends, ABS-CBN can still operate until the end of the current 18th Congress if there are pending bills to renew the franchise.

Only if the current Congress renews its franchise can ABS-CBN continue to operate, sources knowledgeable about this current issue explained. Without a franchise, all the frequencies automatically revert back to government, they said.

There is no provision in the law–which exists only in the imagination of a few members of Congress, amazingly even in the minds of Senate President Vicente Sotto and House Speaker Alan Cayetano — that says that ABS-CBN can operate without a franchise until the end of the current Congress if there are pending bills to give it such authority.

It is astonishing that with the tens of millions of pesos in research funds the two leaders of the two chambers of Congress have, they haven’t heard of nor read the Supreme Court’s 2003 decision in the Associated Communications v. National Telecommunications Commission (GR 144109).

Don’t Sotto and Cayetano have access to the internet? The SC already ruled on the issue nearly two decades ago.


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ABS-CBN tramples on the Constitution: 22% owned mainly by US and Singapore firms

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SOME 22 percent of the shares of media conglomerate ABS-CBN Corp., now worth at least P3.5 billion, are owned by foreign companies, mainly the Los Angeles-based, privately owned The Capital Group, one of the world’s largest investment management firms.

Together with several other foreign firms, including the United Kingdom’s Prudential Plc (through its Singapore firm), the United States company received P1.3 billion in income out of ABS-CBN’s profits from 2015 to last year, Securities and Exchange Commission (SEC) reports show.

This is a blatant violation of Section 11, Article XVI of our Constitution: “The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.”

This violation of the Constitution is one of the two main grounds that Solicitor General Jose Calida invoked in a request he made to the Supreme Court the other day to revoke ABS-CBN’s franchise.

In a similar constitutional violation case that Calida brought against the online news source Rappler Inc. and Rappler Holdings, he asked the SEC to revoke the two firms’ license to operate as corporations. The SEC agreed with Calida; the two firms appealed the case to the Court of Appeals.

United States firm boasts of its ABSCBN investment in its website.


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Be very careful with lifestyle check campaigns, so vulnerable to extortion

A RIGHTEOUS campaign it might seem, but the kind of lifestyle checks announced the other day by Presidential Anti-Corruption Commissioner Manny Luna is itself so vulnerable to corruption that President Duterte should ask one of his most trusted officials to monitor this campaign very closely.

As reported in this newspaper, Luna said the PACC was undertaking lifestyle checks on over 400 “officials and employees” of government agencies such as the Philippine Charity Sweepstakes Office, Department of Public Works and Highways (DPWH), Bureau of Internal Revenue, Bureau of Customs (BoC) and Bureau of Immigration.

Lifestyle checks or investigations into the net worth and assets of over 400 officials — to check if these are commensurate with their incomes — make up a gargantuan task that is way, way beyond the resources of this tiny, nearly token anti-corruption entity. I don’t think Luna knows what he is talking about. (more…)

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Yellows’ disgusting anti-Chinese racism in the midst of a global health crisis

IT is so disgusting that at this time when we humans feel a sense of solidarity in the face of a serious threat to all of our species, the Yellows have demonstrated such anti-China racism at its most sickening level.

Exhibit A here is a column published the other day in the Philippine Daily Inquirer, or PDI, by somebody I was told is a frustrated ex-nun, who has been a personification of the Yellow mind: rabidly anti-Duterte and anti-Marcos, a self-styled defender of the Roman Catholic Church who reeks of religiosity, self-appointed guardian of human rights and, of course, pro-American.

Her column’s title, which I never thought a decent broadsheet would ever publish: “7 ‘deadly plagues’ from China.”

What did she want to tell her readers? That the 2019 novel coronavirus is one of seven plagues China has deliberately brought on the Philippines, and soon on all mankind? Worried that her readers might not get the gravity of her assessment, she herself wrote: “‘Seven plagues’ has a biblical, apocalyptic ring to it. I am not being whimsical or facetious. The words also serve as a wake-up call.”

It is certainly shocking — or maybe not — how a supposedly religious person, purportedly an activist for noble causes would condemn a nation of 1.4 billion souls, whose nearly 30,000 people are afflicted, with and over 500 killed by the disease and about 61 million of banned from going out of their homes. Has racism and opposition to President Rodrigo Duterte steeled her heart so much, she cannot even write a sympathetic word for her fellow human beings?


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Indonesian-controlled newspaper’s alarmist coronavirus coverage

THIS certainly is another case that proves the wisdom of the Constitution’s framers when they banned the slightest foreign participation in media.

The Philippine Star, ultimately controlled by Indonesian tycoon Anthoni Salim through PLDT Inc., last Monday had a banner headline that shocked many: “PH nCoV patients jump to 80.”

That is so patently false: we have had only two 2019 novel coronavirus acute respiratory disease (2019-nCoV ARD) cases so far, both involving two Chinese who came from Wuhan, one of whom died the other day. The Health department’s latest official bulletin reports that only 48 individuals are being monitored to determine if they have been infected with the virus.

There is no way for anyone, journalistically or linguistically, to claim that even just these 48 persons are “nCoV patients.” They are not patients. Period. The dictionary definition of a “patient,” as any English-speaking person knows, is a person receiving or registered to receive medical treatment for a disease. But these 48 haven’t been infected with the virus, they haven’t received treatment for anything.

The Philippine Star itself revealed its stupidity — or nefarious intention to disseminate fake, alarmist news — when it reported that out of these 80 supposed nCoV patients, there were “74 who may have come into contact with the victim.” Some 66 have been advised to “undergo home quarantine for 14 days,” while eight are “people under investigation.”

Nope, only two infected so far.


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A sober, fact-based piece on the coronavirus threat

THANK God for social media, or I wouldn’t have chanced upon the following sober, knowledgeable and concise piece posted in Facebook on the 2019 novel coronavirus (2019-nCoV) threat,.

Well-researched and written, it beats any article or bulletin here and abroad I’ve read in informing the layman what the 2019-nCoV novel coronavirus is, and the threat it poses. It’s not that usual for a busy physician to write on a scientific topic that makes it understandable and concise enough for a busy layman.

The author is Bien Manlutac, an internist at prestigious hospitals in Manila. He should be the next health secretary.

Because of the topic’s extreme relevance at this time I am devoting this column’s space to his Facebook piece, which was entitled, “Should we push the panic button on the 2019-nCoV threat in the Philippines?” (more…)

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At long last, independence from the Eagle’s claws

I NEVER thought I would see it in my lifetime.

At long last we have a president that in more ways than one declared our independence from the United States. The American Eagle has dominated our foreign policy, much of our economy, our worldview and of course, our culture ever since they colonized us at the turn of the century.

He may or may not succeed in terminating the Visiting Forces Agreement with the US and the more crucial Enhanced Defense Cooperation Agreement. His advisers may even succeed in convincing him that it may not be timely to cross the US at this time. It will certainly be at some economic and national security cost, we have to admit.

We also cannot after all underestimate the Americans’ ruthlessness — despite all their lip service to peace and the rule of law — in getting back at nations and world leaders they have concluded is their enemy.

They even invaded Iraq, killed its president and created the chaos in the Middle East that has killed hundreds of thousands of Iraqis, falsely claiming that Saddam Hussein had coddled Osama bin Laden and helped him in the 9/11 attack. And the US got to fool the world at the time, claiming that the invasion was necessary to save the world since Saddam had “weapons of mass destruction” — an allegation totally proven as a lie today.

The likes of US citizen Maria Ressa, Rappler, the Philippine Center for Investigative Journalism and Vera Files will undoubtedly get a boost in their finances from CIA-linked entities like the National Endowment for Democracy to intensify their anti-Duterte attacks. We cannot discount the possibility that the recent targets of Duterte’s wrath — the Ayalas and the Salim (Manny V. Pangilinan) conglomerate — will decide to go all out against President Rodrigo Duterte to take him out. After all, their conglomerates are under threat and the US is a powerful ally.


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Salim-MVP fights back Duterte, deploys media assets

THE Indonesian Anthoni Salim’s conglomerate in the country, which has been falsely portrayed as owned by his main executive Manuel V. Pangilinan, appears to have decided to fight President Duterte, who has threatened to take Maynilad Water Services Inc. from them over its contracts deemed to be onerous to the government and consumers.

On Saturday, TV5 cable TV — which Salim controls through PLDT Inc.’s pension fund — converted one of its talk show programs into a propaganda arm for two anti-Duterte political figures, losing presidential candidate and Yellow leader Manuel Roxas 2nd and the Yellows’ attack dog, former senator Antonio Trillanes 4th.

Evading the constitutional ban on the slightest participation of foreigners in media, Salim’s Hong Kong-based First Pacific has managed to build up what could arguably be the biggest multimedia conglomerate in the country that includes the Philippine Star, Business World, TV5, two dozens of radio stations and cable TV company Cignal.

In the interview, the failed two-time putschist called President Rodrigo Duterte a “psycho.” He claimed that toppling him should be the Filipinos’ crusade now.

An extremely obsequious interview with the anti-Duterte plotter at Salim’s TV5: ‘What makes you happy, Professor Trillanes?’ the interviewer Tony Abad asks the ‘fighter for democracy.’


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The ‘First Quarter Storm’ propelled the communist insurgency

YESTERDAY was the 50th anniversary of the so-called “First Quarter Storm” (FQS), the huge anti-government youth demonstrations in the first three months of 1970 when a significant sector of the Filipino youth found meaning in their lives fighting for a cause — the Revolution — much larger than their little selves.

To this day, the FQS is romanticized by many of my generation as a glorious period of selfless heroism for them, perhaps in the same way the veterans of World War 2 do the ‘great war.’

I write this piece not to denigrate the nobility of FQS participants but to demythicize that period and to lay bare its reality. After all, as the cliché goes, the truth will set us free.

One of the ‘First Quarter Storm’ demonstrations. Many would join the NPA.

The FQS was in fact the hijacking of Filipino student power by the fledgling Communist Party of the Philippines (CPP) led by Jose Ma. Sison, who had broken away two years earlier from the pro-Moscow Partido Komunista ng Pilipinas (PKP). Sison had been the head of the PKP’s Youth Section and his experience in that task made it easy for him to hijack the FQS’ unleashing of student power during that period.

Despite paying lip service to Marxist theory that the “proletariat” would be the vanguard of the Revolution, Sison since his founding of the CPP believed that the student sector could be the spark for the revolution. He therefore focused his first circle of cadres into organizing that sector. Thus the main organization of Sison’s CPP in its early years was the Kabataang Makabayan (Nationalist Youth) that focused on organizing cells at the University of the Philippines (UP) and then in the University Belt. This is in contrast to the old PKP that focused on organizing peasants in the countrysides. (more…)

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Historic president, historic times

LOVE him or hate him, the opinion polls, especially the most recent one by the Social Weather Stations (SWS), inarguably show that President Rodrigo Duterte is now the most popular president ever in our Republic’s history.

This conclusion was prodded by the December 2019 SWS poll, which found that 82 percent of Filipinos are satisfied with his performance, the highest ever rating for any president in the post-EDSA period.

His rating has risen from the 76 percent in the first SWS poll during his presidency in September 2016.

Of course we don’t have similar data about the popular support for pre-EDSA presidents, but it is safe to say that all these presidents — even the CIA-backed Ramon Magsaysay, whom the elites disdained — couldn’t have had such a phenomenal 82-percent satisfaction. I suspect though that support for the strongman Marcos in 1976, four years after he imposed martial law when the economy surged at an average of 7 percent, approached that of Duterte now.

Add the 10 percent “undecided” on his performance — which means they’ll likely go with the majority when push comes to shove — Duterte has the backing of 92 percent of the nation. This is nothing short of phenomenal.

One way of putting Duterte’s 82-percent satisfaction rating in context is to compare this to the SWS net satisfaction ratings of all presidents since Cory Aquino at similar periods of their presidency, at their midterm. (Net satisfaction is percent of those satisfied minus dissatisfied. However, this psychologically underestimates popular support. For instance, while 82 percent of those surveyed were satisfied with his performance, 10 percent were not, so his net rating is 72 percent. This, however, could be easily mistaken that only 72 percent are satisfied with him.) (more…)

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