Senate concurrence needed to revoke SMNI franchise’

MANILA, Philippines —The revocation of the legislative franchise of Sonshine Media Network Inc. (SMNI) by the House of Representatives would have to be approved by the Senate first before it can take effect – in accordance with the usual legislative route, lawmakers said yesterday.

The House of Representatives approved on third and final reading on Wednesday House Bill 9710 nullifying the franchise of Swara Sug Media Corp., which operates SMNI. The House decision stemmed from accusations of red-tagging and spreading of falsehoods leveled against the broadcast network arm of the Kingdom of Jesus Christ (KOJC) sect of Pastor Apollo Quiboloy.

The Senate is awaiting the transmittal of HB 9710, which it would forward to the public services committee chaired by Sen. Grace Poe.

“The appropriate manner of effecting revocation is through a repeal of the franchise law. Thus, the repealing statute must undergo the same legislative process as when a bill is passed into law,” Poe said in a statement yesterday.

She said she is deferring to the Senate leadership if it would decide to list the bill as priority measure for speedy approval.

“The committee shall seek the consensus of the body on this. No franchise bill has ever been listed as a priority so I defer to the leadership as to the pace of its disposition,” Poe said. She said it was “the first instance that a proposal for a franchise revocation has made significant progress in Congress.”

“We should subject this to utmost study and scrutiny as this shall set a precedent for future legislative franchises,” she added.

Her committee, she stressed, would be “guided by the principle that a franchise is a privilege, and that grantees should always abide by the tenets of fairness and public welfare.”

Sen. Ronald dela Rosa, a member of the public services committee, said the bill revoking SMNI’s franchise would be treated like any other bill.

In a phone interview with Senate reporters, Dela Rosa said he does not want to be perceived as blocking the passage of the bill just because he is friends with Quiboloy, who is also facing a Senate investigation on alleged sexual abuses in KOJC.

Dela Rosa also took offense at reports that came out yesterday quoting him as saying he would be willing to serve as Quiboloy’s security once the pastor is detained at the Senate.

House: No political color

With Quiboloy perceived to have supporters in the Senate, the House can do nothing if senators refuse to concur with the revocation of the franchise, according to the vice chairman of the House committee on legislative franchises, Surigao del Sur 2nd District Rep. Johnny Pimentel.

The bill can be refiled in the next Congress, Pimentel told “Storycon” on One News yesterday.

He denied that there was any “political color” in the revocation, which is perceived to have emanated from the feud between the Dutertes and Speaker Martin Romualdez.

Asked if the House would be willing to let go of its power to issue broadcast franchises, Pimentel told Storycon: “That would be a problem because under the Constitution, Congress has the power to grant, revoke or amend a franchise.”

Taking away this power from Congress would require amending the Constitution, Pimentel pointed out.

Senate women and children committee chairperson Risa Hontiveros earlier ordered Quiboloy’s arrest for contempt for snubbing her investigation on the rape allegations against him.

Dela Rosa at a press briefing on Wednesday said he would be willing to secure Quiboloy in the Senate detention area or be a negotiator for the Senate sergeant-at-arms in the serving of the warrant against the sect leader.

“I was asked if I would be willing to serve as Quiboloy’s security, and I only said yes out of goodwill. Then news came out portraying me in a bad light. The context was removed just to suit their desire,” he said.

Rep. Jude Acidre of party-list Tingog said they expect senators to deliberate on HB 9710 fairly.

“Well, we cannot tell the Senate what to do, but we’re hoping that they will look at it objectively. They have to look at the evidence. We hope that this will be handled with objectivity and impartiality,” Acidre, a deputy majority leader, said at a briefing.

Parañaque second district Rep. Gus Tambunting, chairman of the House committee on legislative franchises, earlier said HB 9710 would take the usual legislative mill.

“It still has to pass through the Senate, this will pass through the regular process. It should be read in the House plenary, second and third reading, then we send it to the Senate,” he said.

Bad precedent

Acidre said Quiboloy’s defiance in the face of summons for him to attend hearings on SMNI’s franchise should not serve as precedent in the conduct of future hearings. “It cannot be the precedent. We have to act decisively,” he explained.

Romualdez on Wednesday evening defended the revocation of SMNI’s franchise, calling it a “decisive action” that “underscores our commitment to uphold the integrity of broadcasting standards and the public’s trust.”

SMNI openly admitted to transitioning from a non-stock, non-profit corporation to a sole corporation under Quiboloy in 2006. Later, in 2023, the controlling stake was transferred to Marlon Acobo, with both transactions taking place without obtaining congressional approval, records show.

Section 10 of RA 11422 stipulates the requisite congressional approval for such changes, explicitly prohibiting the sale, lease, transfer, or assignment of the franchise without prior congressional consent.

The same section mandates informing Congress within 60 days of any transaction involving the franchise’s sale, lease, transfer, or assignment. Failure to report such changes of ownership, as mandated by Section 10, automatically triggers the revocation of the franchise.

Vice President Sara Duterte advised the SMNI to study all legal options regarding its franchise.

“What I would suggest to SMNI is to consult their lawyers on what legal options they have with regard to their franchise,” Duterte said.

Duterte earlier said that revoking the franchise of SMNI could be tantamount to suppression of media freedom.

It was under the term of Duterte’s father that the franchise of media giant ABS-CBN Corp. was revoked for supposed failure to pay the right taxes, an allegation that officials from the Bureau of Internal Revenue repeatedly belied before the House of Representatives. – Elizabeth Marcelo