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Wednesday, January 8, 2025

ABS-CBN Franchise Revival: New Bill Filed in Congress Sparks Hope for a Historic Comeback!


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On January 7, 2025, ABS-CBN Corporation expressed gratitude following the filing of House Bill No. 11252 by Albay Representative Joey Salceda, which seeks to grant the media company a new 25-year broadcast franchise. In their official statement, ABS-CBN acknowledged the support and belief in their contributions and mission to serve the Filipino public. 


This legislative move marks the fifth attempt to secure a franchise for ABS-CBN since its previous franchise expired on May 4, 2020. The network ceased its free-to-air broadcast operations on May 5, 2020, following a cease and desist order from the National Telecommunications Commission (NTC). Subsequent efforts to renew the franchise were unsuccessful, culminating in the House Committee on Legislative Franchises' decision on July 10, 2020, to deny the application, citing various issues. 


The history of ABS-CBN's franchise is notable. The network was initially granted a 25-year franchise under Republic Act No. 7966, approved on March 30, 1995. This franchise became effective on April 19, 1995, and expired on May 4, 2020. Prior to the expiration, at least 12 bills were filed in the House during the 18th Congress to extend the franchise for another 25 years. 


The denial of the franchise renewal in 2020 led to significant repercussions, including the retrenchment of thousands of employees and the cessation of various services provided by the network. Critics viewed the shutdown as a blow to press freedom in the Philippines. In the years following, ABS-CBN continued to operate through cable and online platforms, maintaining its commitment to delivering news and entertainment to the Filipino audience.


The filing of House Bill No. 11252 by Rep. Salceda is seen as a renewed effort to restore ABS-CBN's presence in free-to-air broadcasting. The bill proposes to grant the network a legislative franchise to construct, install, operate, and maintain television and radio broadcasting stations throughout the Philippines. 


ABS-CBN also extended its appreciation to other lawmakers, including Representatives Gabriel Bordado Jr., Arlene Brosas, France Castro, Raoul Manuel, Johnny Pimentel, and Rufus Rodriguez, for filing similar resolutions in support of the company's franchise renewal. 


As the legislative process unfolds, the network and its supporters remain hopeful for a favorable outcome that would allow ABS-CBN to resume its full broadcasting operations, continuing its mission to serve the Filipino public through free-to-air television and radio.

Accountability and Governance: Preventing Incumbent Abuse of Public Funds for Personal Gain

 


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A recent video featuring Baguio City Mayor Benjamin Magalong has sparked a thought-provoking conversation about how government funds are allegedly used for personal gain by some incumbents. This reflection isn’t just about identifying the problem but exploring actionable solutions—practical, legal, and immediate—to safeguard public funds from being exploited for political mileage.


The misuse of government programs for self-promotion is not new. Politicians often insert themselves into social welfare distributions, plaster their faces on relief goods, or broadcast their presence during aid distribution drives. But how do we address this issue effectively, considering the political and bureaucratic realities of the present system?


1. Legislative Action: The Ideal But Improbable Path

One straightforward approach is through legislation. A law could explicitly penalize any involvement by incumbents or their agents in the distribution of social welfare benefits. This would include prohibiting attendance during aid distributions or the use of their photos, videos, and names in beneficiary programs.


To ensure accountability, a clause could mandate that violators reimburse the government for the funds involved—or even triple the amount, borrowing a principle from the Securities Regulation Code.


The intent here is simple: turn what was once a political asset (free promotion during social programs) into a significant liability. By attaching financial consequences to these actions, the motivation for interference is effectively removed.


However, let’s be realistic. Passing such a law through Congress would be like aiming for the moon with a slingshot. Political will is scarce, and the legislative process is slow. With the 2025 national budget already set in motion, relying on new laws is simply impractical.


2. Existing Legal Frameworks: The Belgica v. Ochoa Precedent

Instead of waiting for new laws, why not leverage existing legal tools? The Belgica v. Ochoa case offers a roadmap. In this landmark Supreme Court ruling, the Priority Development Assistance Fund (PDAF) was declared unconstitutional, partly because legislators interfered in government projects during the implementation stage.


Advocacy groups could file a petition mirroring the Belgica case. By demonstrating how certain incumbents interfere with social welfare programs, they could argue that such actions violate the principle of separation of powers.


The advantage here is clear: there’s no need to reinvent the wheel. The jurisprudence exists; it just needs to be adapted to current scenarios.


3. Bureaucratic Leverage: Chilling Effect and Accountability

Political events also create opportunities. The recent grilling of disbursement officers during congressional hearings had a chilling effect across similar government offices. These officers—responsible for fund allocation—are now hyper-aware of their legal responsibilities.


Advocates can leverage this fear. Sending formal correspondences to disbursement officers, citing Belgica v. Ochoa and highlighting the unconstitutional nature of political interference, would place these officers on high alert.


If they proceed despite being warned, they could face personal liability during Commission on Audit (COA) reviews. The “good faith” defense—often used to avoid penalties—would be invalidated because they had been explicitly informed of the risks beforehand.


4. Legal Shields and Responsibility Passing

If you’re a government officer caught in this situation, what would you do? The typical bureaucratic shield is to seek a legal opinion from your department's legal office. If the legal department greenlights your actions, you can claim good faith, even if things go south later.


This bureaucratic maneuvering underscores one key point: responsibility is often passed around, and accountability becomes diluted. However, if enough pressure is applied at every stage—legal, bureaucratic, and public—it becomes increasingly difficult for incumbents to manipulate the system.


5. Unjust Enrichment: A Legal Test Case

The New Civil Code of the Philippines has provisions on unjust enrichment, a principle stating that no one should unfairly benefit at another’s expense.


If incumbents exploit government programs for campaign purposes—essentially turning taxpayer money into free political sorties—they could be held liable for unjust enrichment. After all, distributing aid with their faces on it effectively reduces their campaign expenses at the public’s cost.


Imagine a scenario where the courts rule in favor of this principle. What was once a free campaign strategy now becomes a financial and legal burden. The political advantage becomes a liability.


6. A Call to Action: Practical Steps Forward

Addressing this issue requires action on multiple fronts:


Legal Advocacy: File petitions using the Belgica v. Ochoa precedent.

Public Awareness: Educate citizens on how political interference in social programs undermines governance.

Bureaucratic Intervention: Use formal correspondences to warn approving authorities and disbursement officers.

Test Cases: Explore unjust enrichment claims in court to set legal precedents.


Conclusion: Turning Political Assets into Liabilities

The misuse of public funds for personal political gain persists because it’s cheap, effective, and widely tolerated. But with the tools already available—existing laws, jurisprudence, and bureaucratic checks—we can start dismantling this system piece by piece.


When political self-promotion becomes financially and legally costly, the motivation disappears. The wings of political opportunism can indeed become weights of accountability.


The challenge isn’t a lack of tools but the will to use them effectively. Now is the time to act—not with fantasy arsenals but with the weapons already in hand.

The Legacy of Filipino Heroes: Celebrating National Heroes Day Beyond the Classroom


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Every last Monday of August, Filipinos come together to commemorate National Heroes Day, a time to honor the bravery, sacrifice, and unwavering patriotism of the country's national heroes. While names like José Rizal, Andres Bonifacio, Emilio Aguinaldo, Apolinario Mabini, and Gabriela Silang are etched into the pages of history books, their stories transcend the confines of the classroom. Their legacy lives on—not just in monuments and memorials—but in the daily lives of Filipinos who continue to fight for justice, equality, and national pride.


But how do we ensure their sacrifices remain relevant in today's fast-paced, modern world? And why is it crucial for the youth to carry the torch of their legacy?


The Timeless Impact of Filipino Heroes

Filipino heroes were not mere figures of the past; they were visionaries who laid the foundation for the freedoms and rights we enjoy today. José Rizal’s literary masterpieces, such as Noli Me Tangere and El Filibusterismo, exposed the injustices under Spanish rule, awakening the consciousness of a colonized nation. Andres Bonifacio’s bravery as the "Father of the Philippine Revolution" rallied Filipinos to rise against oppression.


Their heroism was not confined to physical battles. Melchora Aquino, fondly known as Tandang Sora, provided refuge and care for revolutionary fighters. Apolinario Mabini, despite being paralyzed, served as the "Brains of the Revolution," proving that physical limitations cannot suppress an indomitable spirit.


The stories of these heroes serve as blueprints for resilience, courage, and selflessness—values that continue to inspire generations.


Preserving Legacies in Modern Times

Beyond statues and public holidays, the legacies of Filipino heroes are preserved through various platforms and initiatives:


Educational Curriculum: Philippine schools incorporate lessons about national heroes in their history classes. However, the challenge lies in making these lessons more engaging and relatable to students.


Museums and Heritage Sites: Places like the Rizal Shrine in Calamba, Aguinaldo Shrine in Kawit, and Bonifacio Monument in Caloocan stand as tangible reminders of our heroes' sacrifices.


Media and Digital Platforms: In the digital age, films, documentaries, and social media campaigns play a vital role in reviving the stories of heroes. Projects like GMA Network's Katipunan or Heneral Luna have brought history to life on the big screen.


Community Initiatives: Local government units and youth organizations hold events, competitions, and outreach programs that honor heroism and civic responsibility.


But preservation is not enough—it must also involve active participation. Heroes' stories must not be reduced to memorized names and dates; they must ignite a call to action.


Why the Youth Must Embrace Our Heroes’ Legacy

The youth are the torchbearers of our nation's future. As José Rizal once said, "The youth is the hope of our future." But with the distractions of social media, fleeting trends, and modern-day challenges, are we equipping the youth to carry forward this legacy?


Instilling Patriotism: Learning about national heroes fosters a deep sense of love and responsibility for the country. Patriotism is not blind loyalty but an informed and active commitment to nation-building.


Inspiring Leadership and Courage: The lives of our heroes teach us that true leadership comes from service, sacrifice, and courage.


Encouraging Critical Thinking: Heroes like Rizal and Bonifacio were critical thinkers who questioned injustice and sought solutions. Today's youth must learn to think critically about societal issues.


Empowering Civic Engagement: Whether through community service, activism, or entrepreneurship, the youth must realize they have the power to create positive change.


Celebrating Beyond the Classroom: Actions Speak Louder

National Heroes Day is not just about remembering names—it's about living their values. Here’s how we can celebrate beyond traditional ceremonies:


Volunteer for a Cause: Dedicate time to community service or advocate for social justice.

Educate Others: Use social media platforms to share stories and lessons from Filipino heroes.

Support Local Initiatives: Participate in events organized by historical societies or museums.

Be a Modern-Day Hero: You don’t need a battlefield to be a hero. Stand up for what’s right, lend a hand to those in need, and use your voice for meaningful causes.


Conclusion: Carrying the Torch Forward

The legacy of Filipino heroes is not meant to gather dust in textbooks or stand idle in stone monuments. It is meant to live within every Filipino, young and old, as a guiding light in times of darkness and uncertainty.


As we celebrate National Heroes Day, let us reflect not just on what our heroes did for us, but on what we can do to honor them. Whether through small acts of kindness, standing up against injustice, or striving for excellence in our chosen fields, every Filipino can be a hero in their own right.


In the words of José Rizal, "He who does not know how to look back at where he came from will never get to his destination."


Let us honor our heroes not just with ceremonies, but with actions that embody their spirit. The legacy lives on—in us.

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