SMNI says NTC suspension order violated due process

MANILA, Philippines — Slapped with a 30-day suspension by the National Telecommunications Commission (NTC), Sonshine Media Network International (SMNI) has been deprived of due process under the Constitution, one of its lawyers said yesterday.

In an interview with The STAR, SMNI counsel Rolex Suplico said the NTC has relinquished its quasi-judicial powers in favor of the House of Representatives when it adopted Resolution 189 approved by the lower chamber calling for the suspension of SMNI associated with religious sect leader Apollo Quiboloy.

“The order for the closure for 30 days of SMNI is violative of the due process clause of 1987 Constitution for the simple reason that SMNI was deprived of its day in court,” Suplico, a former congressman, said.

In a show-cause order, NTC told Swara Sug Media Corp., parent company of SMNI, to submit in writing within 15 days its defense.

“I think we did not receive it officially because there was no proper service of the order which suspended us for 30 days,” Suplico added.

He said the legal team of the SMNI is now studying its next move in response to the NTC order.

“Definitely, there are several violations in the order. First, the NTC adopted the determination of the House (of Representatives). Remember that the NTC as a regulatory authority was exercising its quasi-judicial powers. Sadly, NTC surrendered its quasi-judicial powers to the House of Representatives,” he said.

According to Suplico, enforcing the 30-day suspension would be a violation of the Bill of Rights.

“Section 1 of the Bill of Rights provides that no one shall be deprived of life, liberty or property without due process of law, nor shall anyone be denied the equal protection of the laws,” Suplico said.

“That means that before you condemn, you hear. This time, there was no hearing resorted to by the NTC, and worse, the NTC surrendered its quasi-judicial powers to the House of Representatives,” he said.

“As you can see in the lower house, we were only asked to answer yes or no. We were not allowed to explain our position, and the hearings conducted in the lower house are pursuant to the constitutional power of the House to conduct inquiries in aid of legislation,” he added.

Suplico said that as a regulatory body, the power of NTC is different. “It is not in aid of legislation, it’s more than that. It exercises quasi-judicial powers as regulatory authority over broadcast entities. What more is NCT is asking us to present evidence against ourselves,” Suplico noted.

He said that it would be a long fight for the SMNI, with a hearing scheduled on Jan. 4, 2024. “We are studying our next move,” he said.

NTC decided to force SMNI off air in compliance with Resolution 189 approved by the House of Representatives. The resolution calls on the NTC to suspend the business of Swara Sug for its alleged violation of the terms and conditions of its franchise, under Republic Act 11422.

The resolution lists multiple violations reportedly committed by SMNI in its media business. The issue stemmed from the allegations made by SMNI hosts Lorraine Badoy and Jeffrey Celiz that Speaker Martin Romualdez spent P1.8 billion on foreign travel between January and October this year.

SMNI, operated by Swara Sug, serves as the broadcasting arm of Quiboloy’s Kingdom of Jesus Christ.

Quiboloy, a close friend and spiritual adviser of former president Rodrigo Duterte, claims to be the appointed Son of God.

He is on the most wanted list of the US Federal Bureau of Investigation for multiple offenses including sex trafficking of children. 

Padilla slams NTC

The suspended TV-broadcast firm, meanwhile, has found an ally in Sen. Robinhood Padilla who criticized the NTC for reportedly not giving the network due process.

Aside from the NTC order, the Movie and Television Review and Classification Board has also issued a 14-day preventive suspension on two SMNI programs hosted by anti- communist commentators Badoy and Celiz.

Padilla, Duterte’s partymate in PDP-Laban, yesterday said he would file a resolution calling for an investigation on SMNI’s being deprived of due process.

Padilla, who chairs the Senate committee on public information and mass media, said that based on the Public Services Act, the NTC can only suspend a franchise if it is “necessary to avoid serious and irreparable damage or inconvenience to the public or to private interests.”

“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,” read Padilla’s resolution that he hopes to file after the Christmas break.

Sen. Imee Marcos earlier questioned the show cause order and temporary suspension simultaneously imposed by NTC on SMNI.

SMNI faces rough sailing in the Senate with an upcoming probe by Sen. Risa Hontiveros on Quiboloy.

Hontiveros is preparing to investigate allegations from Quiboloy’s former followers that they were forced to solicit money to finance his lavish lifestyle as well as to provide sexual services to the pastor. — Marc Jayson Cayabyab