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LAGMAN: WHY NOT SIMPLY RENEW ABS-CBN’S FRANCHISE INSTEAD OF A JOINT RESOLUTION?

Press Statements

Why go through the circuitous process of approving a joint resolution of dubious constitutionality or a concurrent resolution of lesser import extending the franchise of ABS-CBN Corporation for a temporary and short period when its franchise can be renewed for another 25 years by congressional legislation which is the invariable and legal process?

A concurrent resolution expresses the sense of the House and the Senate on a particular issue and is used for matters affecting the operations of both Houses of Congress but does not have the force of a law.

A joint resolution, when approved by both Chambers of the Congress and signed by the President, has the “force and effect of a law.”

However, a joint resolution faces three problems, namely:

  1. A joint resolution has to be concurred to by the President to have the “force and effect of law.”

  2. If the President does not approve the joint resolution, the Congress cannot override his disapproval because only bills vetoed by the President can become a law if the veto is overridden by the two-thirds of the Members of the House as well as of the Senate.

  3. The Supreme Court in Ang Nars Party-List vs. Executive Secretary (G.R. No.215746. October 8, 2019) struck down as unconstitutional the resort to a joint resolution for amending a statute “because a joint resolution cannot amend a law” like in the case of R.A. No. 9173 which provided for the new salary grade of nurses.

A joint resolution extending the franchise of ABS-CBN up to June 2022 or up to December 31, 2022 is an amendment of RA No. 7966 which granted the franchise of ABS-CBN for 25 years and renewable for another 25 years. No joint resolution can constitutionally amend R.A. No. 7966.

Why create a legal problem by passing a projected joint resolution which has no constitutional efficacy when the renewal ABS-CBN’s franchise can be expeditiously and decisively resolved by the House of Representatives with the concurrence of the Senate where a majority of the Senators are reportedly in favor of the renewal?

 

EDCEL C. LAGMAN