Title
Source: Supreme Court
Franchise renewal for Catholic Bishops~ Conference radio-TV
Law
Republic Act No. 11319
Decision Date
Apr 22, 2019
The Philippine Jurisprudence case involves the renewal of the franchise for the Catholic Bishops' Conference of the Philippines, granting them the ability to operate broadcasting stations for religious, educational, cultural, and commercial purposes, subject to permits and licenses, public service time requirements, temporary takeover or suspension by the government, amendment or repeal by Congress, and reporting requirements with potential fines for non-compliance.

Law Summary

Operation and Interference Minimization

  • CBCP's stations must be operated to minimize interference with existing or future stations.
  • Ensures CBCP can use its assigned frequencies without diminishing the quality of service.

National Telecommunications Commission (NTC) Approval

  • CBCP must secure permits and licenses from the NTC before constructing or operating stations.
  • Use of frequencies requires NTC authorization.
  • NTC must not unreasonably withhold or delay approval.

Public Service Obligation

  • CBCP must allocate up to 10% of airtime free of charge for government public service announcements, emergency warnings, and important public issues.
  • Programming must be sound, balanced, ethical, promote public participation, education, and audience empowerment (including closed captioning).
  • Prohibits broadcasting obscene, indecent content or deliberately false information aimed at harming public interest or inciting subversion.
  • NTC can increase public service time in emergencies and will issue rules for implementation.

Government Rights and Temporary Takeover

  • Radio spectrum is a national patrimony; its use granted as a privilege subject to withdrawal after due process.
  • The President has special rights during war, rebellion, calamities, or emergencies to:
    • Temporarily take over and operate stations.
    • Suspend operations for public safety.
    • Authorize government use with due compensation.

Term and Revocation

  • Franchise valid for 25 years from effectivity unless revoked or canceled earlier.
  • Franchise is automatically revoked if CBCP fails to operate continuously for two years.

Content Regulation and Self-Discipline

  • No prior censorship of broadcasts except the grantee must cut off content inciting treason, rebellion, sedition, or containing indecent or immoral language or themes.
  • Failure to do so may lead to franchise cancellation.

Liability Warranty

  • CBCP holds the national and local governments free from claims related to accidents causing injury or damage during stations’ construction or operation.

Employment and Training Commitments

  • CBCP must create employment opportunities and allow on-the-job training.
  • Priority employment given to residents near its offices.
  • Must comply with labor standards and benefits.
  • Employment data to be submitted annually to the Securities and Exchange Commission.

Transfer or Assignment Restrictions

  • CBCP may not sell, lease, transfer, assign, grant usufruct, or merge the franchise or controlling interest without prior Congress approval.
  • Congress must be informed within 60 days post-transaction.
  • Failure to report results in automatic revocation.
  • Successors are bound by the same franchise conditions.

Reporting Requirements

  • CBCP must submit annual compliance and operations reports to Congress by April 30 each year.
  • Presentation of a compliance certificate from Congress required before NTC permits or certificates are granted.

Penalties for Non-Compliance

  • Failure to submit annual reports results in a fine of PHP 500 per working day collected by the NTC.
  • Fine remitted to the National Treasury, separate from NTC's own penalties.

Equality Clause

  • Any advantages or privileges granted under other broadcast franchises, except taxes and customs duties, shall also apply to CBCP, subject to Congress review.
  • Does not affect territorial coverage, franchise term, or service type.

Amendment and Exclusivity

  • Franchise subject to amendment, alteration, or repeal by Congress in public interest.
  • Grant is not exclusive; other entities may also hold franchises.

Separability and Repealing Clauses

  • Invalidity of any provision does not affect remaining provisions.
  • Existing inconsistent laws, rules, or orders are repealed, amended, or modified accordingly.

Effectivity

  • Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.

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