Lawmakers question alleged “dual allegiance” of ABSCBN chair in House hearing on franchise renewal

A scene during the continuation of the House of Representatives joint committee hearing on the renewal of ABS CBN franchise which expired on May 4, 2020. (Screengrab of House of Representatives video/Courtesy House of Representatives)

(Eagle News) – Several lawmakers continued questioning ABS CBN Chair Emeritus Eugenio “Gabby” Lopez III if his chairmanship and management of a Philippine mass media entity is allowed under the Philippine Constitution.

In the continuation of the House joint committee hearing on the ABS CBN franchise renewal on Monday, June 8, lawmakers questioned Lopez not only on his dual citizenship – being both a US and Philippine citizen – but also questioning him as to where his allegiance lay.

The congressmen had earlier cited a provision in the 1987 Philippine Constitution, particular Section 5, Article 4, which stated that “dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.”

Rep. Claudine Diana Bautista questioning ABS CBN emeritus chair Gabby Lopez during the continuation of the House hearing on the ABS CBN franchise renewal. (Screengrab of House of Representatives video/Courtesy House of Representatives)

Partylist Rep. Claudine Bautista questioned Lopez on how he switched the use of his US and Philippine passports in his trips abroad.

She cited page 4 on the requirements or “acts or conditions” of a US application for a passport renewal. In these conditions, it is stated that: “I have not since acquiring United States citizenship/nationality, been naturalized as a citizen of a foreign state; taken an oath or made an affirmation or other formal declaration of allegiance to a foreign state; entered or served in the armed forces of a foreign state; accepted or performed the duties of any office, post, or employment under the government of a foreign state or political subdivision thereof; made a formal renunciation of nationality either in the United States, or before a diplomatic or consular officer of the United States in a foreign state.”

Bautista asked whether this already represented a declaration of allegiance to the United States.

Lopez’s lawyer, Atty. Mario Bautista, said it is not considered an express renunciation of his Philippine citizenship.

He also said that he is not a US lawyer so he did not know what this specifically meant.

ABS CBN chair Eugenio “Gabby” Lopez III answers the questions of lawmakers during the continuation of the House of Representatives joint committee hearing on the renewal of ABS CBN franchise which expired on May 4, 2020. (Screengrab of House of Representatives video/Courtesy House of Representatives)

Rep. Bautista then asked about the condition of an affirmation of his allegiance to any other country.

“I am just trying to understand because it says that you should not have any loyalty to any other country so with his recognition, it basically says that it is an affirmation, meaning parang false na rin yung application on the US passport,” she said.

Lopez’s lawyer, however, said that he does not agree with this.

-“Beneficial, convenient” use of US, PHL passports-

Rep. Bautista then pointed out how Lopez had used his US passport when it is convenient for him particularly in countries which give ease of access when one uses a US visa.

“We’ve seen that you switch between using your US and Philippine passports. You would use your US passport and enter as a US citizen, when it’s beneficial for you to be an American, rather than to be a Filipino?” the lawmaker asked.

Lopez replied, “Actually, when you travel to Europe, if you use a US passport, you don’t need a visa. If you use a Philippine passport, you need a visa.”

“On the other hand, when I travel to ASEAN cpuntries, if you use a Philippine passport, you don’t need a visa, and when you use a US passport, you need a visa.”

Cavite Rep. Jesus Crispin Remulla then questioned why Lopez continued to use a US passport even when he has already a Philippine passport.

Cavite Rep. Jesus Crispin Remulla questions ABS CBN chair Eugenio “Gabby” Lopez III on his “allegiance” and if he was aware that having “dual allegiance” was inimical to the 1987 Philippine Constitution. (Screengrab of House of Representatives video/Courtesy House of Representatives)

He asked Lopez if he was aware that doing so meant he is seeking the protection of the US when he used a US passport.

Lopez said that he used his Philippine passport only to travel to ASEAN countries since that will enable him to enter those countries without a visa.

Remulla then asked Lopez to submit his original US and Philippine passports after he noticed that the copies given to Congress do not reflect all the pages of both his passports.”

-Constitutional provisision cited on dual allegiance as inimical to nat’l interest-

“Is Mr. Lopez aware that under the Constitution, dual allegiance is inimical to the national interest?” Remulla then asked the ABS CBN chair.

Lopez’s lawyer, Atty. Bautista, then said that it was already a question of law.

Atty, Mario Bautista, ABS CBN General Counsel, answering questions during the continuation of the House hearing on the ABS CBN franchise renewal on June 8, 2020. (Screengrab of House of Representatives video/Courtesy House of Representatives)

Remulla said it was a question of fact, and that he only wanted to know if the ABS CBN chair is aware of this provision in the Constitution.

To this, Atty. Bautista said, “Totoo po yun (That’s true).”

Lopez also said during the hearing that he voted both in the presidential elections in the Philippines and the US.

-Constitutional provision on mass media ownership-

Lawmakers had also pointed out in the other hearings about Section 11 Article 16 of the 1987 Constitution which limited mass media ownership in the country to only Filipino citizens.

House Deputy Speaker Rodante Marcoleta asks questions about the dual citizenship and allegiance of ABS CBN chair Eugenio “Gabby” Lopez III during the continuation of the House hearing on the ABS CBN franchise renewal on June 8, 2020. (Screengrab of House of Representatives video/Courtesy House of Representatives)

House Deputy Speaker Rodante Marcoleta said that the problem Lopez is facing centered on this provision of the Constitution 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.”

Kasi po Mr. Lopez ang matinding problema na kinakaharap ninyo sa pagdinig na ito ay hindi naman po yung pagiging Pilipino na nababalot po ng maraming pagdududa e, kundi yung pagiging Amerikano ninyo,” he said.

“Bakit po? Kahit na po tanggapin ko na Pilipino kayo ngayon Mr. Lopez, sige, wala na po yung duda halimbawa, hindi rin po kayo makaliligtas doon sa pagtatangi sa Pilipino lamang ang may karapatang magmay-ari at mamahala sa mass media, sapagkat dalawa nga po ang inyong pagka-mamayan — isang Amerikano kayo at isang Pilipino,” Rep. Marcoleta noted.

The House hearings on the ABS CBN franchise renewal were being held jointly by the House Committees on Legislative Franchises chaired by Palawan Rep. Franz “Chicoy” Alvarez, and on Good Government and Public Accountability chaired by Bulacan Rep. Jose Antonio “Kuya” Sy-Alvarado.  The legislative franchise of media giant ABS CBN expired on May 4, 2020.

(Eagle News Service)