A quo warranto is a legal procedure used to challenge an individual’s right to or authority

over the position he or she holds. Under Rule 66 of the Rules of Court, a quo warranto petition
may be filed by the government or an individual against “a person who usurps, intrudes into, or
unlawfully holds or exercises a public office, position or franchise.” On Monday, February 10,
2020, Solicitor General Jose Calida presented and filed a 63-page petition before the Supreme
Court against ABS-CBN to revoke its franchise for unlawfully exercising operations beyond the
scope of its existing legislative franchise.
First, ABS-CBN Convergence Inc., violated its franchise under section 3 of R.A. No.
7966. It is stated in the solgen’s petition that ABS-CBN operated a pay-per-view channel
through free-to-air signals without the necessary permit from the National Telecommunications
Commission (NTC).
Second, ABS-CBN Convergence Inc., also violated its franchise under R.A. 7908, as
amended by RA 8332, in relation to section 15 under R.A. 8332, when the transfer of the subject
legislative franchise, the Multi-media Telephony Inc., which is R.A. 7908’s original grantee, was
made without prior approval from the Congress. And this telecom franchise is eventually used to
operate ABS-CBN TV Plus.
Third, ABS-CBN Convergence Inc., violated section 16 under R.A. 7908, as amended by
RA 8332, when it failed to publicly offer any of its outstanding capital stock to any securities in
the Philippines. According the constitution, noncompliance therewith shall render the franchise
ipso facto revoked.
Fourth and last, ABS-CBN Corporation’s issuance of Philippine Deposit Receipts
(PDRs) through ABS-CBN Holdings Corporation, violates the foreign ownership restriction of
mass media under section 11, Article XVI of the Constitution. However, ABS-CBN argued that
they sold PDRs to foreign companies which entitles these foreigners to the dividends of its
corresponding stocks but not the ownership of those stocks. The OSG rebutted that non-Filipino
PDR holders also have a right to ABS-CBN’s cash flow, which can be used to exercise some
level of control over ABS-CBN’s existing operations.
Because of these arguments, provided and supported with constitutional basis, by the
Solicitor General Jose Calida, I am convinced and therefore favors with regards to the revocation
of ABS-CBN’s existing legislative franchise. If people were to argue that this petition is
attacking the “press freedom”,