Various lawmakers air opinions on whether this violates Constitution or not
(Eagle News) — The House of Representatives questioned ABSCBN chairman emeritus Eugenio “Gabby” Lopez III on his dual citizenship as it continued hearings on the franchise renewal of the media conglomerate on Wednesday, June 3.
Lopez gave his statement zia Zoom app, along with his lawyer, Atty. Mario “Ayo” Bautista, and answered questions of lawmakers on his being a Filipino and an American citizen at the same time.
Lawmakers debated whether a dual citizen can head a Philippine mass media corporation.
Lopez said he only sought a Philippine passport in 2000, and that he applied for a recognition from the Bureau of Immigration of his Filipino citizenship for that purpose. He said that he had not renounced his Filipino citizenship. He was born in 1952 in Boston, Massachusetts. When he applied for a Philippine passport in year 2000, he was already 48 years old.
Lawmakers tackled the question of Lopez’s dual citizenship in view of the Constitutional provision on mass media ownership. Lopez became president of ABS-CBN in 1993 until 1996. In 1996, he was elected chairman and chief executive officer of ABS CBN. In 2012, he retired as ABS CBN CEO. In April 2018, he became chairman emeritus of the media giant.
During the hearing lawmakers tackled whether Lopez, being a dual citizen, can hold the position as owner of a Philippine mass media corporaton.
-Section 11, Article 16 of the Constitution in focus-
At the heart of the matter was Section 11 of Article 16 which stated that “the ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.”
Anakalusugan Rep. Mike Defensore pointed out how the law requires those running for public office, even a lowly barangay chair or kagawad with a dual citizenship is asked to renounce his or her foreign citizenship. He said that media corporation owners and incorporators should likewise do the same thing.
“Kung kami po nire-require, bgy captain, kagawad, na isa lang ang(citizenship) Filipino ka lang. What more for a mass media company na ang pag-iisip ng bawat Pilipino and puede mong kontrolin, na ang kultura ng ating bansa ay mayroon kang kinalaman, na ang impormasyong pinapalabas ay puede mong pakialaman?” he said during the House hearing led jointly by the committee on legislative franchises and committee on good government and public accountability.
“That is why if we require our kagawads, our bgy captains to have full Filipino citizenship, then I think it is incumbent upon us to require those who will handle and own mass media, the owners of mass media to have full Filipino citizenship,” he said.
Lopez said that his allegiance should not be questioned and that lawmakers shoud instead look into his record of more than 35 years of “service to the nation.”
Other lawmakers including Rep. Edcel Lagman, Rep. Rufus Rodriguez, on the other hand, pointed out that Lopez’s Filipino citizenship should not be questioned anymore as he has Filipino parents, and is therefore a Filipino, although born in the US, which automatically makes him also a US citizen.
Bayan Muna Rep. Carlos Zarate even said that since there was no distinction made in the Constitution on media ownersip regarding dual citizens, he opined that dual citizens can own media corporations.
Isabela Rep. Antonio Albano then made a manifestation that Congress should craft a law that says that owners of media corporations should not be dual citizens.
-Constitutional requirement on mass media ownership-
House Deputy Speaker Rodante Marcoleta said that for now the question really was whether a dual citizen can own a mass media corporation under the present Constitution.
“We should not forget that the very issue here, Mr. Lopez and Atty. Bautista, is Article 16, Section 11 of the Philippine Constitution,” he said.
Marcoleta pointed out that there is no debate in Lopez’s Filipino citizenship, but that the Constitution had specifically stated that media corporations should be wholly owned by Filipino ciitzens only.
The Department of Justice said that Lopez is also a Filipino citizen, because both his parents were Filipinos.
“Ang totoo po nito, hindi natin paglalabanan yung issue na kayo po ay American citizen at saka Pilipino pa. Talagang napakasuwerte po ninyo at hindi po ninyo kasalanan yun. Totoo lahat po yung sinabi ng mga abugadong nagsalita na kayo ay isang American citizen at isang Pilipino. Wala pong debate doon,” Marcoleta said.
“Nung kayo po ay hindi pa nagmamay-ari ng ABS CBN, wala pa pong problema yun e. Nagkaroon po ng problema nung kayo po ay nagkaroon na ng pag-aari or kasama na kayo sa pamamahala ng ABSCBN sapagkat isasangguni natin ito sa Article 16 section 11, kung ito po ay nalalabag,” he explained.
Marcoleta said that it was hard to reconcile Lopez’s having a foreign citizenship with the Constitutional provision on mass media ownership that limits this to only Filipino citizens.
“Wala po sanang problema doon kung si Ginoong Gabby Lopez ay Pilipino lang, at hindi po sya Amerikano. “We will have a problem processing that particular issue, kasi po ang sinasabi doon ay tanging Pilipino lamang, Paano po natin isasangkot ang kanyang pagka-American citizen within the meaning of that Constitutional provision?” the lawmaker said.
“Ang nagiging problema po natin dito ang Saligang Batas ay matibay ang paninindigan na Pilipino lamang, pati nga po korporasyon, kooperatiba, asosasyon na mag-ma-may-ari nito kinakailangan ding wholly owned and managed by such citizens,” he said.
Marcoleta also questioned why Lopez only decided in year 2000, when he was already 48 years old to ask for a recognition of his Filipino citizenship. This was 14 years since he returned to the Philippines in 1986 after the EDSA revolution.
“Kinakailangan po kasi palagi tayong gumagalang sa probisyon ng saligang batas. Mr Gabby Lopez, kung talaga pong nasa puso po ninyo an ginit ng isang , ang patriotismo, bakit po naman hinintay po ninyo ang 48 taon para magparecognize kayo bilang Pilpino?”
Lopez said that he asked for recognition of his Filipino citizenship only to secure a Philippine passport.
“It was really to avail myself of a passport that I asked for that recognition,” he said.
Before this, Marcoleta also asked Lopez why had to use an alien fingerprint card in seeking the recognition of his being a natural-born Filipino. The ABS CBN chair said he could not recall having used one.
The lawmaker then proceeded to show a copy of the said alien fingerprint card used by Lopez “only to refresh the memory of Mr. Gabby Lopez”. It was also showed during the hearing to the side of the ABS CBN.
Other lawmakers then sought an authenticated or certified true copy of this from the Bureau of Immigration.
ABS-CBN is seeking the renewal of its legislative franchise which expired on May 4, 2020.
(Eagle News Service)