Wednesday, June 25, 2008 City attorney padlocks cable TV
AROUND 30 men from the Composite Enforcement Unit (CEU) of the City Legal Office (CLO) of Bacolod City padlocked the studio of F Channel (Channel 13) at Sky Cable at around 7 a.m. Tuesday.
The padlocking of F Channel at the TU Square Building along Lacson Street in Bacolod was done by virtue of an order from City Attorney Allan Zamora.
But F Channel's owner-proprietor Franklin Villanueva cried harassment against the order and lambasted Zamora for allegedly oppressing his press freedom.
Enforcers were also accused of harassing two of the television staff.
Villanueva, a veteran broadcaster in Bacolod, is known to be 'critical' of Mayor Evelio Leonardia's administration.
Since he opened F Channel on January 2, 2007, City Hall, especially Leonardia and Zamora allegedly marked Villanueva as 'media enemy no.1' due to his consistent and persistent exposes' of City Hall and the Leonardia administration.
Zamora, in his two-page closure order dated June 23, 2008, however, stressed that Villanueva's F Channel failed to pay in full its total tax deficiency of P11,591.25, notwithstanding the period given for it to be paid in full.
"All that F Channel did was to pay on June 20, 2008 the City of Bacolod the amount of P4,091.25," Zamora stressed. "Such payment by F-Channel of P4,091.25 out of its total tax deficiency of P11,591.20 for the year 2007 is a very clear admission that it under-declared its gross income or gross receipts for last year."
Zamora also said in his order that F Channel has not been issued any mayor's permit to engage in business in the City of Bacolod by reason of under-declaration of gross income or gross receipt. As such, its operation is clearly illegal, he added.
In an interview at their makeshift studio, however, Villanueva said they were willing to pay the entire amount of P11,000 but City Treasurer Anabelle Badajos allegedly won't receive it.
He also belied Zamora's contention that they're operating illegally due to the absence of a mayor's permit, adding that as early as February this year, they already applied for the renewal of their mayor's/business permit by securing all the necessary requirements, including clearances from the Office of the Building Officials (OBO), Bureau of Fire, Building Permits, City Health Office for the sanitary permit and City Assessor's Office.
On April 19, he said City Permits and Licensing head Ardis Jaculina also gave them the claim receipt for their mayor's /business permit dated April 17.
"However, when I came back to Jaculina's office to claim our permit on April 17, she told me it was taken by Atty. Zamora. And when we checked at the CLO, Zamora questioned and told us we have made an under-declaration of our income," narrated Villanueva.
Last month, Zamora ordered the City Treasurer's Office to send somebody to check the financial book of F Channel.
Badajos then commissioned Ma. Corazon Lim to examine the books of accounts of F Channel, who found out that F Channel should not only pay P8,000 but P11,591.20 for its business tax to the city.
Villanueva said: "I'm okay with that. In fact, Monday last week, which was the deadline given to us by Lim, we paid the entire amount with P4,091.25 in cash plus three postdated checks worth P2,500 each just to comply with that. But still, the City Treasurer's Office won't accept the postdated checks allegedly on orders of Badajos."
"So, what I did, I ordered my lawyer to pay the entire amount also Monday last week, but still we were told that the City Treasurer's Office won't admit our payment," he added.
Meanwhile, Villanueva decided to hold the station's regular programs outside the padlocked office, with their anchormen doing stand-uppers while their technicians pass through the windows of their office just to continue the operation amid the watchful eyes of more than 50 CEU operatives.
Villanueva said Zamora can only close their station but not their mouths to disclose some 'hanky-panky' at City Hall.
He added the city attorney has no power to padlock their office. "A CLO has only to investigate or cause to be investigated any person, firm or corporation holding any franchising or any public privilege for failure to comply with any term or condition the grant of such franchise or privilege, and recommend appropriate action to the mayor or sanggunian (City Council) as the case may be."
"So is Zamora the mayor? Or did Mayor Bing order him to do so? Or did he ask permission from Acting Mayor Jude Thaddeus Sayson?" Villanueva asked.
Besides, Villanueva said if the City would truly stick to its title as a 'business-friendly city' in the country, then they should not scare investors and businessmen like him because he's not only a mediaman but also a businessman paying taxes to the city.
As of 7 p.m. last night, Villanueva informed Sun.Star Bacolod that Zamora also ordered SkyCable management to cut off F Channel from the air.
"It's totally killing press freedom in Bacolod. I know that SkyCable management was pressured by City Hall, so I can say that what Zamora did to us was simply a direct assault on press freedom."
F Channel is a blocktimer over SkyCable.
Zamora could no longer be reached as of press time last night.
Cyrus Garde, reporter of Negros Daily Bulletin and currently the president of the Negros Press Club (NPC), said, "If we based the issue on the business side, then F Channel simply has to follow the guidelines. But on the act of Zamora as if to curtail press freedom, then it could not be. It would be unfair to us (media persons) because Zamora's boss is Mayor Bing Leonardia who is also a mediaman and a former president of NPC."
Garde said he will convene the NPC board Wednesday to issue an official statement on the case of F Channel.
Ma. Ester 'Mate' Espina, chairwoman of the Media Advocates on Reproductive Health and Empowerment (Marhe)-Bacolod, said, "Being a media practitioner, I do believe that there's harassment here, not necessarily on press freedom but on the business side."
Aside from Garde and Espina, Villanueva said other incumbent City officials also sympathized with his fate against Zamora, including councilors Jocelle Batapa-Sigue, Celia Flor, Wilson Gamboa Jr., Catalino Alisbo and Homer Bais.
Former councilors Lyndon Caña and Anna Marie Palermo and former mayor Oscar Verdeflor also allied with him, Villanueva added.
Sun.Star Bacolod tried but failed to get the side or comment of Sayson as of press time.
Dump trucks deal
Villanueva claimed that most probably, Zamora's ire against him worsened after he exposed the controversial dump trucks deal last February.
The deal to purchase the 10 dump trucks was cancelled after Zamora himself admitted, "it was clouded with a lot of anomalies".
"Atty. Zamora probably also fears pending exposes on the new government center, among other issues of corruption that will soon be unearthed," Villanueva claimed. (Erwin Ambo Delilan)