All About Current Admin of Duterte

[hitch22]

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ABS CBN's franchise expired on 4 May 2020 and NTC issued cease and desist order that day. That's it. My question here is, why is this a congressional matter? Can't ABS CBN apply for franchise renewal at the NTC? Can ABS CBN pay for its violations, correct their mistakes, and apply for renewal?

The law is the law, for all intents and purposes. I've no skin in this game. But sometimes I do wonder why certain laws exist that does not seem compatible with the Constitution. Section 4 says "No law shall be passed abridging the freedom of speech, of expression, or of the press". A fanatic will prefer speech to be limited only to what he agrees with. As a fan of free speech, I want to see, hear, read all sides of the issue, regardless of their agreeability. Let people decide for themselves and be responsible with the ideas they've received. That's what free speech protects: the offensive and disagreeable ones. Nice, agreeable speech do not need protection.

BUT...freedom is never easy. Because choices are made available for you in a truly free society, freedom requires independence and being responsible for one's choices and therefore one's failures and successes. That's where people have a hard time with: failures. That's when most people run back to the nanny state to take care of them, instead of picking themselves up to try again. We are a Third World country after all. So I'm not sure if free speech will thrive or be good idea after all.

[slakker]

nice sad unta nga tagaan pod tag senate hearing every time mu expire atong lisensya or permit...

[firestarter]

ABS CBN's franchise expired on 4 May 2020 and NTC issued cease and desist order that day. That's it. My question here is, why is this a congressional matter? Can't ABS CBN apply for franchise renewal at the NTC? Can ABS CBN pay for its violations, correct their mistakes, and apply for renewal?

The law is the law, for all intents and purposes. I've no skin in this game. But sometimes I do wonder why certain laws exist that does not seem compatible with the Constitution. Section 4 says "No law shall be passed abridging the freedom of speech, of expression, or of the press". A fanatic will prefer speech to be limited only to what he agrees with. As a fan of free speech, I want to see, hear, read all sides of the issue, regardless of their agreeability. Let people decide for themselves and be responsible with the ideas they've received. That's what free speech protects: the offensive and disagreeable ones. Nice, agreeable speech do not need protection.

BUT...freedom is never easy. Because choices are made available for you in a truly free society, freedom requires independence and being responsible for one's choices and therefore one's failures and successes. That's where people have a hard time with: failures. That's when most people run back to the nanny state to take care of them, instead of picking themselves up to try again. We are a Third World country after all. So I'm not sure if free speech will thrive or be good idea after all.

The closest I could get sa 1987 Constitution is this article. Although I could be wrong.

SECTION 11. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least sixty per centum of whose capital is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines.

Naa silay reason pud ana ngano.

One is Media is sometimes considered the 4th Estate of Democracy, the three being Executive, Legislative and Judiciary.
Most probably, mao ni ang usa ka rason why the other branches are interested in the Media.

Also, during sa pag suwat sa atong Constitution, wala pa to ang internet. Internet was only started in 1991 our constitution was drafted 1986.

And all media stations at the time broadcasted on the frequency spectrum or in layman's term "On Air". Ang problema aning frequency is it is pretty limited, and frequencies being a property of the government, has to have some form of control over its properties.

There is also no law that's enacted that gives NTC the right to produce a legislative franchise. As term legislative, they left it at the wisdom of Congress to enact one. Mao nang tanan stations mangayo gyud na ug balaud from Legislative para maka operate sila.

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On a side note, reading from the Article in the Constitution itself, shows, nga dapat ang executives are filipino citizens, kaso naay nanggawas nga concerns karon nga dili Filipino citizen si Lopez ang tag-iya sa ABSCBN.

Murag mag lisod gyud ang ABSCBN ani pag renew, naa pa gyud silay problema sa Tax... Tax Avoidance is Legal, however, kaning ila murag ma ukay gyud ning Big Dipper.

[hitch22]

Nahala sige ipasara na nang ABS CBN.

I have no strong emotions for or against ABS CBN. I get more information from the internet and the internet allows me to exercise free choice and critical thinking when processing information. I want to know from those who are passionately against ABS CBN: what is it about them that is really, really bad that it deserves to go off air?

The fate of ABS CBN lies on the hands of the lawmakers who will hand their votes. Mind you, there are lawmakers that have crossed party lines in support of ABS CBN, people like Pacquiao, Gordon, Zubiri, Lapid...in case you've singled out only Cayetano as some sort of a traitor.

Finally, I find the climate of fanaticism dangerous in this exercise of democracy. There's this thing called a feedback loop where the people should be free to air grievances/concerns/suggestions and the government listens, considers carefully, and decides how to act on them. When fanatics distort this feedback loop by policing and attacking those who criticize, then the government is deprived of feedback. Remember: the Constitution is designed to restrain the powers of the government, not to restrain the citizenry.

[firestarter]

Nahala sige ipasara na nang ABS CBN.

I have no strong emotions for or against ABS CBN. I get more information from the internet and the internet allows me to exercise free choice and critical thinking when processing information. I want to know from those who are passionately against ABS CBN: what is it about them that is really, really bad that it deserves to go off air?

The fate of ABS CBN lies on the hands of the lawmakers who will hand their votes. Mind you, there are lawmakers that have crossed party lines in support of ABS CBN, people like Pacquiao, Gordon, Zubiri, Lapid...in case you've singled out only Cayetano as some sort of a traitor.

Finally, I find the climate of fanaticism dangerous in this exercise of democracy. There's this thing called a feedback loop where the people should be free to air grievances/concerns/suggestions and the government listens, considers carefully, and decides how to act on them. When fanatics distort this feedback loop by policing and attacking those who criticize, then the government is deprived of feedback. Remember: the Constitution is designed to restrain the powers of the government, not to restrain the citizenry.

Wala kaayo ko concern ani sa una, but when I found out the underlying issues aning ilang business, which is depriving the government of billions of tax money yearly. Diha ko murag na surok, we are taxed on a yearly basis usually in the range of 30% income tax, and here comes a company who does not do their part. Ang naka pabor lang nila kay they can hire the best lawyers and accountant to make to avoid taxes.

Ang naka lahi ra nilang Gordon, Pacquiao, Zubiri, Lapid et al, is that they are senators. Ang kaning kang Cayetano kay siya Congressman in the lower house. Wherein, in the lower house legislative franchises are drafted. Siya pa gyud ang Speaker of the House.

If we set aside him being the Speaker of the House, in which it is the first time that a legislative franchise is sponsored by a Speaker.
Next, is that, in times of more pressing concerns, they have prioritized this bill. Mind you, this is a "private bill", meaning it benefits a private individual or entity, and not the public one wherein the public will benefit. There are a lot more public bills that are pending in congress that has been stuck for decades.

Another, concern raised by a Congressman, is that franchises are deliberated upon application from an individual or entity. In this case, it was Cayetano himself and not ABSCBN who applied for the franchise - this is in Cayetano's case when he hurriedly called on the Committee of the Whole and bypassed the plenary hearing for the second reading.

This is actually the reason why the bill was withdrawn, for it being probably unconstitutional, should it had been for signing to the President. Murag klaro na kaayo ba nga si Cayetano gyud mismo ang naningkamot nga mapasar.

To the layman's term lang, if ikaw mo kuha kag franchise sa imong sakyanan jeep or something, ikaw mismo ang mo apply. Dili ang mga tawo nga mo approve sa imong franchise. That would be self serving, to the point of graft. Si Cayetano mismo nangunay ug apply hahaha.

Sila si Pacquiao, et al, made a resolution, klaro man to pakitang tao. Ang ilaha ka pakyaw, pasumbingay, ang kang Cayetano siya gyud nangunay. Aw klaro na kaayo.

Not really sure what you meant be a Feedback Loop, if you meant to say nga ang ABSCBN is the one providing that loop. You might be right, however, Democracy and freedom of speech isn't curtailed or abridged just because ABSCBN was closed down. It's because naa man gihapon other venues for them to dissent. The internet for example, connecting or block time to other stations.
Even Rappler, and Inquirer the two most critical of administration is still alive and kicking on their online publications.

Just because one publication or broadcast is closed, doesn't mean Freedom of Speech dies with it. As there are several other venues they can express their feedback and complete the loop.

[firestarter]

This pretty much sums up ABSCBN's violation.

[slakker]

mas ni improve gyud ang quality sa mga news coverage ever since ni sign off ang abs...

[hitch22]

Wala kaayo ko concern ani sa una, but when I found out the underlying issues aning ilang business, which is depriving the government of billions of tax money yearly. Diha ko murag na surok, we are taxed on a yearly basis usually in the range of 30% income tax, and here comes a company who does not do their part. Ang naka pabor lang nila kay they can hire the best lawyers and accountant to make to avoid taxes.

Do we know that they indeed evaded billions? Do they have a pending case from the BIR? How long have they been tax evading? How much should they have paid? And how much did they pay? Do we have incontrovertible facts surrounding their alleged tax evasion? For all those years, BIR missed this tax evasion which now seems obvious to netizens behind fake accounts? If there's suspicion of tax evasion, whose duty is it to investigate?

Everyone who's not a hypocrite would like to legally pay less taxes; that's why you hire accountants and lawyers who specializes in taxes. The government did not share in the nightmares suffered by business owners (everyone knows the risk of going into business: 90% who start one fail) and yet by force of law they entitle themselves to 30% of the fruits of your hard work, risk-taking and innovation...and they waste it all in overpriced and mostly useless projects. We've heard it time and time again, if you've ever thought about going into business, that a business owner will have to work crazy-long hours just to keep his business afloat. And how long do government workers typically work? Not long enough. They get paid regardless of performance and they don't even answer your calls.

We all know why people kill each other to be in elected government positions. To be of service to the public? Yeah right. These people know for a fact they can make millions (or even billions) by holding positions of power. Singapore and HK's top tax rate is 17%. Everything is clear and transparent and complying with their tax laws is very easy (they even allow options for installment for tax payments and you can do everything from your laptop) and yet look at what they give their citizens in return in terms of quality infrastructures, airports, business-friendly environment, education, transport systems, public libraries, community centers, etc. It's a case between true public service executed intelligently and pure power-playing.

In this case, it was Cayetano himself and not ABSCBN who applied for the franchise - this is in Cayetano's case when he hurriedly called on the Committee of the Whole and bypassed the plenary hearing for the second reading.

Well, to be fair, all Cayetano could do in this instance was to initiate a session in order to put the issue of ABS CBN up for deliberation. He can't decide on it alone. My only beef here is that this matter is not of national importance to deserve Congress' time.

Just because one publication or broadcast is closed, doesn't mean Freedom of Speech dies with it. As there are several other venues they can express their feedback and complete the loop.

I agree. But the context in which they closed may send a "chilling effect"...like a warning to those who speak in the same way of the fate that awaits them. My point about fanaticism is that ordinary citizens should act neutral towards the government. Just mind your own business and let people speak. They should not make idols out of political leaders (whether Dutertards or Yellowtards or Marcos loyalists or...even Hitler fanatics, yes they're out there) and take offense on their behalf. Let people freely participate in this feedback loop called free speech.

[firestarter]

Do we know that they indeed evaded billions? Do they have a pending case from the BIR? How long have they been tax evading? How much should they have paid? And how much did they pay? Do we have incontrovertible facts surrounding their alleged tax evasion? For all those years, BIR missed this tax evasion which now seems obvious to netizens behind fake accounts? If there's suspicion of tax evasion, whose duty is it to investigate?

Everyone who's not a hypocrite would like to legally pay less taxes; that's why you hire accountants and lawyers who specializes in taxes. The government did not share in the nightmares suffered by business owners (everyone knows the risk of going into business: 90% who start one fail) and yet by force of law they entitle themselves to 30% of the fruits of your hard work, risk-taking and innovation...and they waste it all in overpriced and mostly useless projects. We've heard it time and time again, if you've ever thought about going into business, that a business owner will have to work crazy-long hours just to keep his business afloat. And how long do government workers typically work? Not long enough. They get paid regardless of performance and they don't even answer your calls.

We all know why people kill each other to be in elected government positions. To be of service to the public? Yeah right. These people know for a fact they can make millions (or even billions) by holding positions of power. Singapore and HK's top tax rate is 17%. Everything is clear and transparent and complying with their tax laws is very easy (they even allow options for installment for tax payments and you can do everything from your laptop) and yet look at what they give their citizens in return in terms of quality infrastructures, airports, business-friendly environment, education, transport systems, public libraries, community centers, etc. It's a case between true public service executed intelligently and pure power-playing.



Well, to be fair, all Cayetano could do in this instance was to initiate a session in order to put the issue of ABS CBN up for deliberation. He can't decide on it alone. My only beef here is that this matter is not of national importance to deserve Congress' time.



I agree. But the context in which they closed may send a "chilling effect"...like a warning to those who speak in the same way of the fate that awaits them. My point about fanaticism is that ordinary citizens should act neutral towards the government. Just mind your own business and let people speak. They should not make idols out of political leaders (whether Dutertards or Yellowtards or Marcos loyalists or...even Hitler fanatics, yes they're out there) and take offense on their behalf. Let people freely participate in this feedback loop called free speech.

One reason I don't like to be quoted per paragraph is that they are subject to misinterpretations, it is better to quote the whole post than quoting only a paragraph of the post.

There was no mention of tax evasion, what I meant was tax avoidance, there is a legal difference of both.

Cayetano actually didn't only initiate the session, it was "his bill" for a private company that he tackled. This is a self-serving act for a Speaker of the House.

I have had heard that so-called chilling effect, however that does not stop Rappler and Inquirer from spreading news highly critical of the administration. ABSCBN keeps uploading bad news on internet on their. Should there be a chilling effect there, it is minimal.

[hitch22]

Well, I'll end my point here. If ABS CBN gets shut down, then so be it. ABS CBN's fate lies in the hands of the congressmen. To me, I don't get affected at all by its presence or absence. But I echo Pacquiao when he asks those who really wanted to shut down this news network: Ano ba ang mawawala sa inyo kung nandyan ang ABS CBN? If you don't like their content, you can always tune out. It's a free market after all.