House Officials Plot ABS-CBN Complex Takeover, Want Lopezes to Pay P1.97 Trillion

Three pro-Duterte administration congressmen discussed their plant to take over ABS-CBN's equipment and property.

The three are Lower House Deputy Speaker Rodante Marcoleta (SAGIP Party-list), Deputy Majority Leader Jesus Crispin Remulla (7th District, Cavite, Nacionalista), and Representative Michael Defensor (AnaKalusugan Party-list).

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The three congressmen also led the united front against ABS-CBN officials during the network’s franchise hearings.

Seven days after ABS-CBN was denied the franchise, the three now are planning how the government will take over the giant broadcasting network owned by the Lopez family.

The conversation between the three legislators took place at their Zoom forum on Friday, July 17.

The Zoom meeting was streamed on Defensor's own Facebook page andwas watched live by a number of citizens.

The three also discussed how to fine the Lopezes of almost P2 trillion for the National Telecommunications Commission (NTC). 

The fine is related to the alleged illegal sale of its ABS-CBN TV Plus units, a digital TV box product.

Marcoleta added that he is already talking to the NTC to close SKY Cable, ABS-CBN's cable and satellite TV services company. 

Remulla called the steps the "follow through" by the congressman fighting the network. 

ABS-CBN’S Land Title

Aside from the three congressmen, the Zoom meeting also included actor-turned-politician Laguna 1st District Representative Dan Fernandez (PDP-Laban), and other congressmen in favor of denying the franchise of ABS-CBN.

However, of all the lawmakers at the forum, only Defensor, Marcoleta, and Remulla spoke.

Journalie Payonan, a former cameraman of ABS-CBN, was also at the Zoom meeting.

Payonan has a pending illegal-dismissal case against ABS-CBN, and he was one of the witnesses who spoke against the network during the franchise renewal hearing.

At the legislators' online forum, ABS-CBN's alleged violations were listed once more.

The conversation then turned to the property where ABS-CBN is headquartered in Quezon City.

According to Marcoleta, the network failed to show the original title of the network's 44,000-square-meters compound.

He added that during the hearing, ABS-CBN executives could not speak when it came to the land title of the network. 

Because no valid document could be presented regarding the broadcasting center, Marcoleta thinks the government can take it back. 

"Yung titulo ang unahin natin," Marcoleta said to fellow lawmakers at the Zoom meeting.

Former Workers’ Takeover

On the other hand, Defensor thinks that Payonan's group can be used as a strategy to run ABS-CBN.

Defensor added that if Payonan's group, along with some network unions and supervisors, petition President Rodrigo Duterte and the NTC, the company will likely be given a franchise if under new management. 

"Kaya ko inuuna itong sa workers' takeover, kasi kung magkakaisa yung mga manggagawa, ang unyon, ang supervisors, ipetisyon nila ang Presidente, ang NTC, at payagan sila—bukas gawin na nila yung kanilang pagpapatakbo ng ABS-CBN," said Defensor .

When the conversation turned to ABS-CBN’s equipment, they recognized that it was all still owned by the Lopezes. Defensor brough up the idea of a lease-to-own scheme to pay for the television network’s equipment.

“Ngayon, ang problema, yung mismong equipment, kasi hindi kanila yung equipment, sa korporasyon pa ng ABS-CBN. E, di lease-to-own,” said Defensor.

‘We Should Get it Immediately’

Marcoleta replied to Defensor: “Dapat makuha natin agad iyon, kasi kung buo yung principal, yung lupa—wala silang mabubuhat dun. Lahat ng chattels dun, improvements, e, pag-aari na ng gobyerno iyon, sapagkat ang lupa ay sa gobyerno. Ang lupa, lahat dun, accessories. So, kapag tinake-over iyon, madali silang makakapagprograma dun.”

ABS-CBN's headquarters were previously sequestered, after former President Ferdinand Marcos declared martial law in 1972.

Marcos crony Roberto Benedicto then took over the network. ABS-CBN was temporarily renamed, and became Banahaw Broadcasting Corporation or BBC.

The Lopez regained control of ABS-CBN after the EDSA People Power Revolution on February 25, 1986. 

P1.97 Trillion in Fines?

Marcoleta also mentioned his plan to fine ABS-CBN for allegedly selling TV Plus or the blackbox.

Marcoleta said he has forwarded the draft computation to the NTC on the fine that the network should pay.

The company allegedly violated the Public Service Act by selling nine million blackboxes without permission from the NTC.

Violation is equivalent to a fine of PHP200 per day.

And since ABS-CBN has sold TV Plus for the past five years and four months, Marcoleta's computed that the network should pay P1.97 trillion.

TV PLUS: From Analog to Digital

The Lopez family—the owners of ABS-CBN—should pay for the loss of jobs in the network.

"Kinakailangan nating pilitin na magbayad sila ng multa," Marcoleta said of the Lopez family. "Tsaka na lang tayo gagawa ng batas na yung pagmumulta na yun, ang malaking bahagi siguro, ay pantulong natin sa mga manggagawang naapektuhan sa kanilang kawalan ng prangkisa."

On June 11, ABS-CBN President-CEO Carlo Katigbak explained that TV Plus is the network's response to the NTC directive to shift networks in the country from analog to digital terrestrial broadcasting.

"The sale of the TV Plus boxes is in compliance with the directive of NTC to migrate our broadcast to digital," Katigbak said at the hearing.

Various government agencies have even used the INFOplus feature on TV Plus to deliver important information to the public.

Sky Cable Closure Next?

Aside from charging a P1.97 trillion fine on ABS-CBN, Marcoleta said he also ordered NTC Commissioner Gamaliel Cordoba to review the validity of Executive Order (EO) 205.

This EO, according to Marcoleta, is the basis of ABS-CBN as the "authority" in the operation of SKY Cable.

EO 205 (Regulating the Operation of Cable Antenna Television Systems in the Philippines) was signed by former President Corazon Aquino on June 30, 1987.

“Kailangan kasi maisara yung service ng SKY Cable," sabi ni Marcoleta. "Iyan na lamang ang isa na kanilang ginagamit, maliban sa internet.”

He reasoned: "Hindi na dapat gamitin 'yan [EO] dahil inconsistent na siya sa Constitution nang mag-convene ang 1st Congress in July 1987."

The congressman did not explain how EO 205 was no longer compatible with the Constitution.

Marcoleta to Cordoba: ‘Close It’

Marcoleta also talked about NTC Chief Cordoba, who wishes to wait for the Supreme Court to say whether or not EO 205 is valid.

Cordoba allegedly promised Marcoleta that he would consult Solicitor General Jose Calida about EO 205.

"Ngayon wala pa raw kapasyahan ang Korte Suprema para i-nullify yun," said Marcoleta, referring to Cordoba's skepticism. “Sabi ko, 'Madali yun, isara mo yun [SKY Cable].' Siguradong magdedemanda ang ABS-CBN, makakarating kayo sa Korte Suprema. Yun lang ang paraan para the Supreme Court will review squarely the validity of that EO.”

As of press time, ABS-CBN has not yet released an official statement about what the congressmen discussed at the Zoom meeting.

Online Forum, Not House Procedure

The online forum of lawmakers is not part of the official work in the House.

Defensor justifies, the purpose of the discussion is to clarify to the public the recommendation of the Technical Working Group of the House not to give the franchise to ABS-CBN.

This recommendation garnered a 70-11 vote on July 10 in favor of "killing" the network franchise.

Defensor did not deny that the forum happened. He boldly said that he posted the copy on his social media accounts—but the public did not seem to understand it.

The online forum was held in conjunction with the almost daily noise barrage of Kapamilya stars and employees to demand the return of ABS-CBN.

Currently, ABS-CBN can be watched on SKY Cable, on ABS-CBN affiliated cable channels in the country, and on TFC Channel.

This is in addition to the network's online platforms, such as iWant, YouTube, Facebook, TFC Online, and its websites.

Government to Use ABS-CBN Frequencies?

The NTC closed ABS-CBN's broadcasting unit on May 5 after its franchise expired.

On June 30, the NTC also suspended operations of ABS-CBN TV Plus and SKY Direct, both of which are linked to the expired franchise.

On July 17, Camarines Sur 2nd District Representative Luis Raymund Villafuerte Jr. (Nacionalista) proposed that the government temporarily use ABS-CBN's TV and radio frequencies for distance learning.

Following this, Villafuerte suggested that it would be better if the Lopez family just sold the network.

He explained that if the 70 congressmen who voted against the franchise are reelected in the 2022 elections, the company will surely fail again if it applies for the franchise once more.

President Duterte was the first to suggest that the Lopezes should sell ABS-CBN, as it was not given a franchise.

This story originally appeared on Pep.ph and has been translated from Tagalog to English by Esquiremag.ph editors. Minor edits have been made.