Garcia, Nigel R.

2015-0448
Atty. Molina
Legal Research Final Exam
SUN 08:00AM-10:00AM

ABS-CBN POSITION REGARDING TO ITS FRANCHISE WITH THE SUPREME COURT

Statement of Issue:

Whether or not the position of ABS-CBN regarding to its franchise with the Supreme
Court is tenable

A. Position:

Negative. The issue regarding to the franchise of ABS-CBN is a political

question and not tenable to the Supreme Court, only Congress can revoke a legislative
franchise.

B. Discussion:

When the question is the legality of a political act of government, the derives its
power to adjudicate from the constitutional grant of judicial power and form the explicit
grant of the power of judicial review found in Art. VIII, Sec. 5 (2)(a). But the court does
not always assume jurisdiction over every actual constitutional case brought before it
even in instances that are ripe for resolution. Once class of cases which the Court
generally refuses to touch are “political question”. The “Political questions” doctrine
constitutes a limitation on the power of judicial review. (Bernas, pp. 985, 2009).

Political questions are questions which, under the Constitution, are to be decided
by the people in their sovereign capacity, or in regard to which full discretionary
authority has been delegated to the legislative or executive branch of the government.
(Tanada vs Cuenco, 103 Phil 107)

In the case of ABS-CBN franchise, Art. XII, Sec 11 of the 1987 Constitution
states that a franchise cannot 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.” Also, Section 14 of Republic Act (RA) No. 7966, which granted ABS-CBN its
franchise, states that legislators reserve the power of “amendment, alteration or repeal by
the Congress of the Philippines when the public interest so requires.”

Thus, the issue of revoking the franchise of ABS-CBN is not tenable in the
Supreme Court.