SMNI appeals indefinite suspension before Office of the President | Business and Politics
SMNI appeals indefinite suspension before Office of the President | Business and Politics
Sonshine Media Network International (SMNI) legal counsel Mark Tolentino says SMNI has filed an appeal with the Office of the President regarding the indefinite suspension of the network. This comes after the Movie Television Review and Classification Board (MTRCB) junked SMNI's petition to lift the suspension on its shows.
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Sonshine Media Network International (SMNI) legal counsel Mark Tolentino says SMNI has filed an appeal with the Office of the President regarding the indefinite suspension of the network. This comes after the Movie Television Review and Classification Board (MTRCB) junked SMNI's petition to lift the suspension on its shows.
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Transcript
00:00 You're watching Business and Politics. I'm your host, Dante Klingang.
00:04 As you know, this network remains off-air because of an indefinite suspension ordered by the National Telecommunications Commission, or NTC.
00:12 So if you're seeing this, you're likely watching online or on some cable TV channels.
00:17 Of course, this network has appealed that ruling, led by our guest this evening, Attorney Mark Tolentino.
00:22 Many of you know him as a program host on SMNI.
00:25 Others may also know him as a radio personality on various programs such as Talk to My Lawyer at DWWW-774AM Radio,
00:33 Legal Minds at DZRH Channel 3 Cable Link, Kasama Ka Kabing at DWDD-AFP Radio 1134AM, and Straight to the Point on DXBC-RMN Butuan.
00:44 Just like on SMNI, he mostly provides legal advice.
00:47 His expertise is family and business law, and his competencies include also immigration law.
00:53 Attorney Tolentino is a partner at MKT Law Offices, the chief legal counsel of MRT-3.
00:58 He was also a former associate solicitor general and was a DOTR undersecretary during the Duterte administration.
01:04 On top of all that, he teaches at De La Salle University's College of Business and has written several books on various legal subjects.
01:12 Our discussion tonight will focus on SMNI's future.
01:15 We will ask Attorney Tolentino, what is the latest on this network suspension and how can we get it back on air?
01:21 Attorney Tolentino, welcome to Business and Politics.
01:23 Thank you, Clint, for inviting me here.
01:25 And to all the followers of SMNI, good day to all of you.
01:29 Well, this is the second week we've had an SMNI program host basically talking about this issue involving the network.
01:38 But you are at the forefront of this.
01:40 Maybe you can give us the latest update.
01:43 Where are we now? Because there have been many, I suppose, legal motions filed by you and others in SMNI.
01:51 But where is the case now?
01:52 Actually, we are a team.
01:53 So I am one of the lawyers and another lawyer is Attorney Rolex Suplico.
01:57 And of course, there are other legal advisors of SMNI.
02:00 Attorney Harry Roque, right?
02:01 Yes, yes.
02:02 Attorney Roque, Attorney Sal Panello, and other lawyers here.
02:06 We filed an appeal to the Office of the President because our motion for reconsideration that we filed with MTRCB was denied by MTRCB.
02:15 Just a one or two page resolution of MTRCB denying our motion for reconsideration.
02:23 That's why we filed an appeal to the Office of the President.
02:26 This time, we will know what is the stand of President BBM.
02:31 Because that is his office. The Office of the President has the jurisdiction with respect to the appeal of the decision of the MTRCB because MTRCB is under the Office of the President.
02:42 So that is with respect to the case of MTRCB, the case of Laban Kasama Ang Bayan and Gikan Samasa of former President Roa Duterte.
02:53 And yesterday, we filed a motion for reconsideration with the case of NTC, National Telecommunication Commission, because they indefinitely suspend the operation of SMNI.
03:08 We argue in our motion for reconsideration that there is denial of due process.
03:14 Why there is denial of due process?
03:15 They are the judge, they are the complainant, they are also the executor.
03:20 How can we expect justice in that kind of situation?
03:23 They will be the one to decide, they are the complainant, and they are the one who will implement the decision.
03:30 So that's why we filed a motion for reconsideration.
03:33 But before the motion for reconsideration, we filed a motion to inhibit.
03:38 We are asking the MTRCB to ask them to inhibit because how can we expect an impartial judge, an impartial court, if they are the judge, they are the complainant, and they are the executor.
03:49 Unfortunately, they denied our motion to inhibit.
03:53 And second, we also filed a motion for bill of particular.
03:57 When I say bill of particular, this is a...
04:00 Where did you file this?
04:01 NTC.
04:02 Because we do not know what is our, the alleged violation.
04:06 Okay. Can we take a step back for a minute?
04:08 Because it all started with the hearing in Congress at the House of Representatives.
04:14 And can we go back to that first?
04:19 Because it seems that it grew, the SMA problem grew from there, in a sense, right?
04:26 Yes, yes, yes.
04:27 What was your expectation when you were asked or invited to appear on that committee?
04:33 And as a lawyer, maybe you can explain to us what was the limits of what it can do as a franchise committee in the House?
04:42 What was the purpose of that meeting, and what was the intended outcome of that?
04:46 I was one of the resource person in that investigation.
04:49 You were not yet a legal...
04:52 I am part of the legal team of SMNI, an in-house counsel of SMNI, so I was one.
04:57 But you were there as a resource person.
04:59 Yes, I was there, so I expect that they will respect me as a Filipino, but unfortunately, there was no, I don't feel any respect there.
05:07 I don't feel that we were welcome there.
05:12 So that's my experience.
05:14 So the meeting was to look at the complaint, or was it already to scrutinize the franchise of SMNI?
05:24 No, no.
05:25 The issue there is not about the franchise.
05:27 The issue there is about the question of Eric Sellis about the 1.8 billion fans of the office of the Speaker of the House.
05:36 So basically, there was the ethical question, that was the agenda of the...
05:40 That is the only issue, and the second issue is about the alleged threat of former President Rudy Duterte against one Congresswoman, Frances Castro.
05:54 Which has been dismissed already.
05:56 Dismissed by the Kansas City Court.
05:58 That's why that was one of our arguments. If the case of former President Rua Duterte was dismissed with the office of the city prosecutor in Quezon City,
06:10 and the evidence required in the fiscal office is only probable cause.
06:16 Much more that they should dismiss it with the MTRCB because the evidence required with the MTRCB is substantial evidence.
06:25 Let me go back to the house because you have to explain this to a non-lawyer like myself.
06:32 In my understanding, these public hearings are essentially for aid of legislation.
06:40 Yes.
06:41 So were you surprised that there was some resolution as to what to do with the franchise?
06:50 Because the hearing was about the conduct of, as you said, Eric...
06:57 One program.
06:58 Well, two programs, and the former President.
07:00 Yes.
07:01 But somehow it led to...
07:02 Two different sides.
07:03 To the franchise.
07:04 Can you explain to us procedurally how that surprised you?
07:10 We were surprised. Second, that is really a clear violation of due process.
07:15 We were surprised. It's that kind of investigation.
07:18 The investigation is all about the alleged questioning of Guy Eric of the 1.8 billion peso travel fund of the office of the Speaker.
07:28 Unfortunately, it reached up to the franchise. And I was, personally, I was really disappointed.
07:35 Why? Because the one who sponsored the resolution is one of my co-hosts of my program here, the Pinoy Legal Minds, the person of one...
07:46 Migz Nogales.
07:47 Migz Nogales.
07:48 Yes.
07:49 So she was the one who filed the resolution, sponsored that resolution, three grounds.
07:54 First ground is, number one, she is asking the NTC to suspend the operation of a separate aisle.
08:04 And I believe that that resolution is unconstitutional.
08:07 Why unconstitutional? Because the NTC is not under the House of Representatives.
08:13 The NTC is under the office of the President or is under the DICT.
08:19 It's under the...
08:20 It's under the Executive Department.
08:22 The NTC.
08:23 It means under the separation of power, they are separate and distinct.
08:27 The House of Representatives cannot dictate the NTC what to do, especially that the NTC has a quasi-judicial power.
08:36 With a quasi-judicial power, they are not under the House of Representatives.
08:42 And in fact, their jurisdiction is with respect to the authority or the provisional authority issued.
08:48 Under the law, they have the right to issue provisional authority to NTC or to the SMNI.
08:53 So the issue of the House of Representatives is legislative franchise.
08:58 That is the issue. Legislative franchise.
09:01 Therefore, in case there's a violation, alleged violation of legislative franchise, the one who has jurisdiction is the Congress.
09:09 When I say Congress, by that, we are talking of the two houses.
09:13 First is the House of Representatives and the House of Senate.
09:17 If we are talking about legislative franchise.
09:20 But the NTC has no jurisdiction with respect to the legislative franchise.
09:25 Their jurisdiction is only with respect to the provisional authority, to the certificate of public convenience,
09:32 that they are the one issuing it per city, per provinces, especially in the radio stations or TV stations, there is a frequency given.
09:42 The one who will give that frequency is the NTC, not Congress.
09:46 So therefore, the NTC's jurisdiction is only with respect to the provisional authority, not to the legislative franchise.
09:54 In case there's a violation of the legislative franchise, the one whose authority is Congress.
10:00 They can amend that, but it should be through a law, not a mere resolution.
10:06 So they have the power to grant. Am I correct to say that they don't have the power to revoke?
10:11 They have the power to revoke, but in compliance with the due process clause of the Philippine Constitution.
10:18 Therefore, yes it is their discretion to issue franchise, but that is not their discretion to revoke the franchise.
10:27 Under the proprietary principle of the Philippine jurisprudence, if a franchise is already granted, that is like a property right.
10:36 Proprietary right that needs to be protected under the due process clause of the Philippine Constitution.
10:42 So Congress is not correct to say that they have the right to give, they have the right also to revoke it.
10:48 So that is not allowed under the Philippine Constitution because SMNI is different from ABS-CBN.
10:55 ABS-CBN, the franchise is already expired.
10:59 The franchise of SMNI is still valid and subsisting. Therefore, it should be protected under the due process clause of the Philippine Constitution.
11:08 Okay, so assuming that they have some issues with SMNI, what would have been the correct procedure for the House?
11:17 Let's say they had some grounds to discipline SMNI for the statements of Kai Eric and the statements of the former president.
11:26 What would have been within the limits of that House committee to do?
11:32 They have no right to revoke the law.
11:36 Yeah, but what can they do?
11:37 They can conduct investigation.
11:39 Can they refer the matter to DOJ? Can they sanction you somehow?
11:47 The Congress has the right to conduct investigation in aid of legislation.
11:52 But they cannot amend it without confirmation from the House of Senate.
11:57 So therefore, because our Constitution, there are two bodies, House of Senate and the House of Representatives.
12:04 Therefore, the House of Senate cannot suspend, the House of Congress or the House of Representatives cannot suspend the operation of SMNI without confirmation of the House of Senate.
12:17 Have you had a chance to talk to your co-host, Attorney Meigs, Congressman Meigs?
12:23 During the investigation, yes, he texted me.
12:25 What was the reason? What did he say to you about the…
12:28 We were talking about the SMNI franchise.
12:31 I was really surprised that he was one of the authors of the resolution, which I believe that resolution is illegal, that resolution is unconstitutional.
12:43 Why unconstitutional?
12:44 Because unconstitutional, House of Representatives, I know she knows this because she is also a lawyer.
12:49 The House of Representatives cannot dictate any decisions of the NTC because NTC is under the Executive Department and that is based on the principle of separation of power.
13:00 Separation of power under the Philippine Constitution, there is an Executive Department headed by the President, we have the Judiciary headed by the Supreme Court and we have the Legislative headed by the Senate President and the Speaker of the House.
13:14 Now, I have to take a break, Attorney Valentino, but is this whole episode of the House over or are you expecting more hearings at the House with this committee or with other committees?
13:24 There will be another hearing, I expect, because there is a proposed bill filed by one congressman, one party congressman, I forgot the name.
13:32 He filed a bill to revoke the franchise of SMNI.
13:41 Okay.
13:42 So there will be, I'm expecting another hearing, so one thing that they will pass it, they will make it as a law in House of Representatives, there is a need for a confirmation from the House of Senators.
13:54 Thank you.
14:02 [Bell rings]