Congress can resurrect ABS-CBN if it wants to

If this resolution filed last July 11, 2022 by Rep. Rodante Marcoleta is read in plenary session on First Reading on Monday--or anytime soon after--we would know for sure the trajectory of this latest move.

It's a RESOLUTION, meaning it will NEVER ripen into a LAW. That tells me this is NOT a new franchise application. A franchise application is a private bill, but its still a LAW--it has to be introduced as a House Bill.

But why introduce, let alone tackle, a Resolution regarding a FAILED House Bill that never became a law?

I'm sorry but here I have to talk legal gobbledygook--it cannot be helped.

The only explanation I could imagine is they're NOT regarding the rejection of the ABS-CBN franchise renewal as "finished business"--but one that the House really merely deferred to the next session "sine die" (as if done the "same day").

This Congress is no longer the 18th Congress because half of the senators--those who won last May 9--are not midterm electees. They won at the expiration of the president's full term. Their joining the remaining "senior" half of the Senate completes the replacement of all senators from the last full batch elected in 2016.

So this becomes the 19th Congress being entirely of a different composition--notwithstanding the comeback of familiar faces.

Since the non-renewal of the ABS-CBN franchise happened in the 18th congress--and this is now the 19th Congress--there would be a slight problem with this Congress revisiting its own action from its LAST session.

And "session" refers to its continuous convening--not referring to the daily roll call. That is to say, our Congress only holds ONE SESSION every year, although it is broken down into several adjournments from day to day, or even spanning long breaks like Lent, Christmas, etc.

But from the TECHNICAL point of view, the House CAN, in fact, reverse its non-renewal of the ABS-CBN franchise because in doing so they are NOT amending or repealing a law (it NEVER became a law, remember?) they are simply receiving new evidence in revived committee hearings--if they can just solve the challenge of correctly applying "sine die" continuance.

I can imagine them arguing that Congress is a body politic capable of self-succession--just like a private corporation whose directors come and go without the corporate identity being affected. I think that may even be the reason why the resolution was filed by Marcoleta--the same person who sponsored the committee report recommending non-renewal. It confuses me. If it confuses you too, then mission accomplished!

Did you get it?

Of course my assumption here is that the refiling of this resolution is fueled by newfound sympathy for the Lopezes--even though the average layman would think, "Joskoday, bakit ayaw nilang tantanan ang mga Lopez?"

Regardless how it looks like at first glance, this is a FRIENDLY move for the Lopezes.

If the motive is to heap more reprisal or sanction on the Lopezes, then the whole thing will fall flat on it face. There would be no basis for the House to give due course to this new resolution because the penalty for gross violation of the terms and conditions of a legislative franchise CANNOT GO BEYOND the revocation of that franchise. Any other liability arising from the violation would be either administrative (falling under the jurisdiction of the BIR or the SEC) or criminal (falling under the jurisdiction of the DOJ).

If Congress insists on exercising RESIDUAL jurisdiction over the supposedly "dead" ABS-CBN franchise, you have to learn how to read between the lines. They're saying, "Nope, we did NOT really REVOKE their franchise, we just haven't made up our minds FINALLY yet."

Believe me, that mind is easy to make up--if the price is right.*