A lawyer for Sonshine Media Network International (SMNI) on Friday said the National Telecommunications Commission (NTC) failed to apply due process as mandated under the 1987 Constitution when it suspended the network for 30 days.
In a text message to ABS-CBN News, SMNI legal counsel Rolex Suplico said: “The order was issued without hearing. Hence, it violated thedue process of law provision of the 1987 Constitution. SMNI was punished without giving it its day in Court.”
Senators Robin Padilla and Imee Marcos also blasted the NTC over the regulator’s seeming haste in suspending the network for alleged violations of its franchise terms.
“The NTC, in its show cause and suspension order, failed to indicate the need to suspend the operations of the SMNI, much more express how this is necessary
to avoid serious and irreparable damage or inconvenience to the public or to private interests,” said Padilla, chairman of Senate committee on public information and mass media.
While the NTC has the power to suspend or revoke any certificateissued when the holder violated any of its regulations or any provision of Republic Act 11659 or the Public Service Act, Padilla argued that a proviso in the same law states that the NTC may suspend for up to 30 days “to avoid serious and irreparable damage or inconvenience to the public or to private interests.”
“The baseless issuance of a 30-day suspension order is a transgression of SMNI’s right to due process, which will result in serious and irreparable damage to it and its employees no less,” he added.
Marcos also hit the commission’s latest decision, saying the right to due process and the freedom of the press “have not been adhered to in the NTC’s decision to suspend SMNI’s operations.”
“It is incumbent upon the NTC to be very judicious in suspending entire operations of media entities, as such actions will have a chilling effect on press freedom. There is nothing prudent in NTC’s action today,” the elder sister of President Marcos said.
The NTC on Thursday disclosed that it has issued a show cause order with a 30-day suspension against Swara Sug Media Corp. with the business/trade name SMNI.
The regulator cited the House of Representatives’ declaration in Resolution No. 189 that Swara Sug violated at least three specific provisions of its legislative franchise.
This came on the heels of a 14-day suspension order slapped on two SMNI shows, including one hosted by former President Rodrigo Duterte.
The National Union of Journalists, however, said that while it was concerned with the NTC suspension order being “reminiscent of the previous [Duterte] administration’s attempts to weaponize the law andmuzzle media,” the red-tagging that SMNI allows on its programs “does harm.”
Suplico, however, said the NTC depended too much on the House resolution without doing its own investigation.
“NTC took hook, line, and sinker the House of Representatives’ determination. NTC is under the Executive branch of our government.
But it is independent of the Executive and Congress insofar as its quasi-judicial powers or its regulatory authority is concerned.”
“In adopting the determination made by the House, NTC has surrendered its quasi-judicial powers to the House,” said Suplico, a former congressman for Iloilo.
In its order, the NTC directed SMNI to explain in writing within 15 days why it should not be administratively sanctioned.
It scheduled its administrative hearing on the SMNI case on Jan. 4, 2024.
Earlier, the Movie and Television Review and Classification Board (MTRCB) halted the “Gikan Sa Masa, Para Sa Masa” program on SMNI after Duterte was accused of threatening ACT Teachers party-list Rep. France Castro in the show’s October and November episodes.
Meanwhile, the suspension of the show “Laban Kasama ang Bayan” came after anchors Jeffrey Celiz and Lorraine Badoy-Partosa falsely claimed Speaker Martin Romualdez spent P1.8 billion in travel expenses in a year.
Rep. Gustavo Tambunting, chairman of the House committee on legislative franchises, earlier said the panel is set to invite Davao-based Pastor Apollo Quiboloy to its inquiry on SMNI’s alleged franchise violations, saying the pastor is the “ultimate beneficial owner” of the network.
In his explanatory note pushing for the suspension, 1Rider Party List Rep. Ramon Rodrigo Gutierrez said the House Committee on Legislative Franchises found that SMNI violated various provisions of its own franchise. He said SMNI changed its corporate structure and affected its ownership without prior approval by Congress as required.
“In 2006, it transitioned from being a non-stock, non-profit corporation to a corporation solely under Pastor Apollo Quiboloy.
However, in 2023, the Executive Pastor changed hands anew as Apollo Quiboloy was replaced by one Bro. Marlon Acobo in the corporation sole,” Gutierrez said.
Another alleged violation was a failure to disperse at least 30 percent of its ownership to the public, which is also a requirement of the franchise.
Mark Tolentino, legal counsel and officer of SMNI, earlier told congressmen that Swara Sug is not owned by Quiboloy. “He’s not part of the corporate officers.
He’s just a blocktimer of SMNI. We consider him as an honorary chairman but he’s not part of the corporate officers, his name is not part of the corporate papers. He’s not a stockholder of SMNI or Swara Sug Media Corporation,” he said.
Suplico said SMNI is exploring its options after the NTC handed down its decision.
“We are studying all our available remedies since this is undoubtedly a classic example of the suppression of the freedom of the press. If this can happen to SMNI, it can happen to anyone.” Suplico said.