Radio host Mark Lopez explained on Facebook the quo warranto case filed by SolGen Jose Calida at the Supreme Court against ABS-CBN by drawing a comparison to Lourdes Sereno case and annulment of marriage.
But before doing so, Lopez defined what us QUO WARRANTO and why SolGen Calida filed the case vs. ABS-CBN.
According to Lopez, QUO WARRANTO is latin for “BY WHAT AUTHORITY…”
Lopez said when talking about quo warranto, the main talking point here is the legal personality or authority of an individual or franchise.
Lopez cited the example of the quo warranto case filed by SolGen Calida against Lourdes Sereno. In that case, Calida questioned the qualification of Sereno as CJ because she did not comply the requirements to qualify as one. In other words, her appointment as CJ was a mistake.
Kung natatandaan nyo dun sa kaso ni Lourdes Sereno sa Supreme Court, ang nakadale sa kanya ay quo warranto sa kanyang qualification as justice dahil hindi sya naka comply sa mga requirements to qualify as Chief Justice. Kumbaga, sa umpisa pa lang eh mali na ang appointment nya, and because na quo warranto sya, it means never sya naging Chief Justice.
In basketball parlance, Sereno’s appointment as CJ (Chief Justice) was not counted.
Kumbaga sa basketball term eh “not counted!”
If the explanation using the Lourdes Sereno case isn’t enough, Lopez used the annulment of marriage as an example.
Lopez compared the quo warranto case to annulment of marriage rather than a divorce. In an annulment case, the marriage never occured in the first place because one of the parties violated the law. For example, one of the parties is underage and it was not revealed until later. In a divorce, the relationship did not work out. Whereas in annulment, there was a disqualification or something was not right even before the marriage ceremony was conducted.
Kung sa kasal naman, ang quo warranto eh parang annulment imbes na divorce. Sa annulment, ang sistema eh walang naganap na kasal in the first place dahil may partido na hindi sumunod sa batas. Halimbawa eh underage o kaya kasal na pala na hindi sinabi before. Kapag divorce kasi, ang issue eh ung mismo relationship na hindi na nagkakasundo. Sa annulment, may disqualification o may mali bago pa nakasal.
Lopez went on to explain why SolGen Calida has filed a quo warranto case versus ABS-CBN at the SC. According to Lopez’s knowledge, the Kapamilya network has a huge ownership issue, allegedly receiving foreign funding despite knowledge that this is prohibited in the Philippine Constitution. On top of that, they also have a pay-per-view channel (KBO) which was started without prior approval from the NTC, a violation of its existing franchise.
Ngayon dito sa usaping ABS CBN, ang sinasabi ni Solgen eh itong si Kapamilya network eh malaki ang problema sa ownership at mukhang tumanggap ng foreign funding kahit na ito eh mahigpit na pinagbabawal under the Constitution. Tapos may mga channel pa ito tulad ng pay-per-view na KBO na binuksan na walang prior approval sa NTC at labag sa existing franchise nito.
In short, it appears that ABS-CBN is not worthy to own a franchise because it does not know how to fulfill its obligation and regulation.
In short, parang hindi karapat dapat na magkaroon ng franchise ang ABS CBN dahil hindi ito marunong tumupad sa kanyang obligasyon at alituntunin.
Lopez remarked that the public needs to be informed that Congress grants the franchise to operate a broadcast network, which is a privilege and not a right.
Kelangan malaman natin na ang pag kaloob ng Congressional Franchise to operate a broadcast network eh isang privilege at hindi karapatan.
Lopez wrote that that Quo Warranto petition wants to establish the fact that ABS-CBN is not worthy to be granted with that privilege because he is a stubborn customer, with its own strategies that violates the law.
And lumalabas sa petition for Quo Warranto na hindi dapat pagkalooban ng pribilehiyo si ABS CBN dahil pasaway ito at may sariling diskarte na labag naman sa batas.
Meanwhile, Lopez said that the discussion of franchise renewal in Congress is a separate issue and its up to them to renew ABS-CBN’s franchise or not, set to expire on March 30, 2020.
Ngayon, iba pa rin naman ang usapin sa Kongreso at nasa kanila pa rin kung magpapasa sila ng batas to renew the Franchise, which is expiring March 30, 2020.
Lopez ended the FB post telling netizens to have a wait-and-see attitude regarding the Quo Warranto case filed by SolGen Calida at the Supreme Court.
In the meantime, abangan natin ang development dito sa kaso na sinampa ni Solgen sa Supreme Court laban sa ABS CBN.
Source: Mark Lopez