QuestionsQuestions (Republic Act No. 10888)
RA 10888 renews the franchise originally granted under RA 7297 (as amended by RA 7968) to ZOE Broadcasting Network, Inc., for another twenty-five (25) years from the effectivity of RA 10888.
RA 10888 renews the franchise granted under RA 7297, as amended by RA 7968. RA 7968 is the prior amending law incorporated into the franchise framework being renewed.
The grantee is authorized to construct, install, operate, and maintain radio and television broadcasting stations for commercial purposes and in the public interest throughout the Philippines, including digital terrestrial television via microwave, satellite, or other technologies, with program distribution/relay services and installation of radio communication facilities for private use in its broadcast services.
It includes digital terrestrial television system, expressly allowing broadcasting through microwave, satellite, or whatever means, and the use of any technologies in television and radio systems.
It is “subject to the provisions of the Constitution,” the immediately succeeding section (for dispersal), and “applicable laws, rules and regulations,” in line with constitutional requirements for public utilities.
The grantee must offer to Filipino citizens at least thirty percent (30%) (or a higher percentage if later required by law) of its outstanding capital stock in any securities exchange in the Philippines within five (5) years from the commencement of operations.
It requires establishment of cooperatives and other methods of encouraging public participation by citizens and corporations operating public utilities.
Noncompliance will “render the franchise ipso facto revoked,” meaning revocation occurs automatically by operation of law.
Section 8 of RA 7297 on tax provisions is repealed by RA 10888.
All other provisions of RA 7297, as amended by RA 7968, that are not inconsistent with RA 10888, continue to be in full force and effect.
If any section or provision of RA 10888 is held invalid, the remaining provisions not affected remain valid. It preserves the rest of the law despite partial invalidity.
The franchise is subject to amendment, alteration, or repeal by Congress when public interest requires and is not an exclusive grant of the privileges provided.
It takes effect fifteen (15) days after publication in at least two (2) newspapers of general circulation in the Philippines.
The text states that it “lapsed into law on JUL 17 2016 without the signature of the President,” pursuant to Article VI, Section 27(1) of the Constitution.
Section 2 (amending Section 1 of RA 7297) states it is throughout the Philippines where frequencies and/or channels are still available for radio and/or television broadcasting, including digital terrestrial television.
The franchise is granted to ZOE Broadcasting Network, Inc., including its successors or assignees.
It updates and clarifies the nature and scope of the franchise—especially the technology modes (including digital terrestrial television) and service scope—while renewing the franchise term.
It signals that while the broadcasting operations are commercial, they must also serve the public interest, consistent with public utility principles and constitutional policy.