SMNI lawyer calls for right to due process | Business and Politics
SMNI legal counsel Mark Tolentino seeks due process after MTRCB dismisses the network's appeal. Tolentino said SMNI sought a temporary restraining order (TRO) from the Supreme Court against the suspension. He said the case of the network must be separate from that of its anchors who were also called out for allegedly spreading false information on the alleged P1.8 billion travel fund of Speaker Ferdinand Martin Romualdez.
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SMNI legal counsel Mark Tolentino seeks due process after MTRCB dismisses the network's appeal. Tolentino said SMNI sought a temporary restraining order (TRO) from the Supreme Court against the suspension. He said the case of the network must be separate from that of its anchors who were also called out for allegedly spreading false information on the alleged P1.8 billion travel fund of Speaker Ferdinand Martin Romualdez.
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DailyMotion - https://tmt.ph/dailymotion
Subscribe to our Digital Edition - https://tmt.ph/digital
Check out our Podcasts:
Spotify - https://tmt.ph/spotify
Apple Podcasts - https://tmt.ph/applepodcasts
Amazon Music - https://tmt.ph/amazonmusic
Deezer: https://tmt.ph/deezer
Stitcher: https://tmt.ph/stitcher
Tune In: https://tmt.ph/tunein
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NewsTranscript
00:00 There have been a number of legal actions. I know we ended the last segment with that this is also very political, but let's focus on the legal aspect.
00:10 Now there are motions filed with MTC, you mentioned MTRCB, and also with the Supreme Court and also with the Office of the President.
00:20 Can you walk us through what's happening in each of those venues?
00:24 It all started because of the resolution coming from the House of Representatives, urging MTC to suspend the SMNI.
00:35 So what did MTC do? Suspend for 30 days. 30 days without any notice, without any hearing.
00:44 We are only given a resolution from MTC that we are suspended for 30 days.
00:50 What should have been the procedure? What was the expectation according to law?
00:56 They should give us an opportunity to explain why we should not be suspended.
01:02 So that is the due process.
01:04 There should be due process of law because especially that there is a jurisprudence that any order that affects freedom of press are presumed unconstitutional.
01:14 So therefore, because of that jurisprudence, the government or the state or our constitution highly give more protection to our freedom of press than any other right.
01:24 So therefore, what should MTC do is to give us an opportunity to explain, but unfortunately they suspended us for 30 days.
01:33 So what did we do? The SMNI legal team, we filed a petition for certiorari direct to the Court of Appeals.
01:42 Unfortunately, CA denied our petition for TRO and certiorari on the ground that SMNI should file first a motion for reconsideration to the MTC.
01:59 But since then, MTC has made that suspension indefinite.
02:04 Before the indefinite, there is 30 days first.
02:07 So this indefinite suspension is the second suspension.
02:10 So the first suspension is the 30 days suspension, but the CA said that we should first file an MR before applying for TRO to the CA.
02:22 What is the ground for the second suspension making it indefinite?
02:25 They said that number one, despite our suspension for 30 days, they said that we allegedly operate in Region 6.
02:36 There was an operation of the radio station in Region 6, December 27.
02:42 So that is their first allegation.
02:45 But we called all the technicians, the radio managers, our station.
02:51 They said that it's not correct, so they are willing to execute an affidavit.
02:55 That's why we filed a motion for reconsideration to the MTC attached to the affidavit of the radio station managers of SMNI in Region 6.
03:10 But that suspension, the second suspension, that in itself, is that according to procedure?
03:16 I mean, should there have been also a hearing, a notice to explain, something of that nature?
03:22 They can do that only if there is a report, a report from any bureau of the MTC.
03:29 But in this case, there was no report.
03:31 They just immediately gave us suspension.
03:34 The best thing that they should do is, this is what they call double jeopardy in violation of due process.
03:41 First, violation of due process, the 30-day period, they violated the due process of SMNI.
03:47 The indefinite suspension also, they violated the due process clause of the Philippine Constitution.
03:55 We were not given an opportunity to explain.
03:57 And they said that SMNI failed to answer of the SHOCOS order, and that is not correct.
04:04 Because we filed an answer.
04:07 In fact, before we filed an answer, we filed a motion for bill of particular.
04:12 We're asking MTC, can we please clarify all our alleged violations so we can respond it properly?
04:21 Because it's very broad.
04:23 They said that we violated the franchising, what provisions of the franchise that we violated,
04:30 what provisional authority that we violated, what certificate of public convenience that we violated.
04:37 We need a clarification so we can respond it properly and intelligently.
04:42 Unfortunately, they denied our bill of particular.
04:47 Under the rules, if the MTC denied the motion for bill of particular, we were given 5 days to file an answer.
04:57 Which in this case, we filed an answer within the 5-day period.
05:01 But they said that SMNI failed to answer, therefore SMNI waived our right to answer.
05:08 So that is their argument.
05:10 So that's why we filed a motion for reconsideration and asking MTC to reconsider their decision.
05:17 But personally, I don't expect them to reconsider it.
05:21 So hopefully, they will issue a denial immediately.
05:25 So we can file a petition directly to the court of appeals or to the Supreme Court.
05:31 Right. So what would be the desirable outcome in a case for SMNI?
05:44 Can you file for losses because you're off air?
05:49 What relief are you seeking?
05:54 Our priority right now, Cling, is we're asking the court to issue TRO.
06:01 Temporary restraining order.
06:03 So hopefully, the court of appeals will issue TRO because our case is different from the case of Attorney Harry Roque.
06:11 The case of Harry Roque, together with the reporters of SMNI, they're filing it directly to the Supreme Court in their personal capacity.
06:21 That is the case of SMNI, they're filing it in their personal capacity.
06:26 Our case is we follow all the procedures.
06:29 Go to MTC, file a motion for reconsideration, CA, then to the Supreme Court under the Suarzu Media Corporation.
06:37 So your appeal for a restraining order, I suppose you file it with the CA?
06:42 We will file it once we receive a resolution from the MTC denying our motion for reconsideration.
06:49 So you're waiting on that.
06:51 Because CA said in our last Certiorari, they cannot respond or take action to our petition without first filing an MR.
07:02 So we will file an MR.
07:05 Is MTC obligated to come up with a decision at a certain time?
07:09 Because what if they just drag it on until 2025 or 2028?
07:14 That's why if they fail to, after our motion for reconsideration, if they will not accord it, we will file a motion for early resolution.
07:23 But what does the law say?
07:26 Within a reasonable period, maybe based on my experience, 30 to 60 days, they should issue a resolution.
07:34 Otherwise, that will be a ground for a rough case that we are planning to file against them.
07:39 I see. Now, this issue with MTRCB, explain that to us because that's a separate...
07:44 MTRCB is different.
07:46 MTRCB issued a 14-day preventive suspension to the two programs of SMNI.
07:53 Because according to them, laban kasamaan ng bayan and gigan sa masa of PRRD may violate, may, there is no violated,
08:03 the word of the resolution of MTRCB may violate the rules and regulation of MTRCB.
08:11 So they are not sure whether or not there was violation, but still, they suspended for, they issued a 14-day preventive suspension.
08:22 After filing several motions, MTRCB issued another resolution or ruling, gave us 28-day suspension minus the 14-day suspension,
08:35 the previous suspension of the preventive suspension, so additional 14 days.
08:40 But the additional 14 days was not actually served by SMNI because we filed a motion for reconsideration.
08:51 But isn't that a bit overkill because you're already off air, right?
08:54 Yes. Actually, it's overkill. There is a case with MTRCB, case with MTRCB, another case with the franchise committee of the House of Congress.
09:06 So if you see, this is legal, but more political, I may say. Why? Because it's overkill.
09:15 All the forces of the government is against, majority of the forces of the government is against SMNI.
09:24 But we are ready, we are ready to defend SMNI and to the entire freedom of press and freedom of expression of the Philippine government.
09:33 Why do you think that is? Do you think, you know, is SMNI advocating, let's say, for, as former President Duterte said, separation of Mindanao from the rest of the Philippines or something like that?
09:44 I cannot expect that SMNI, I don't expect that SMNI experienced this way, this treatment to the Marcos administration.
09:55 Because if you, I remember SMNI is one of the supporters of President BBM.
10:02 In fact, one of the successful debates, presidential debates is coming from SMNI and that debate boost the candidacy, boosted the candidacy of President, then candidate Bongbong Marcos.
10:18 So, I don't know. Well, I was part of that debate. I cannot believe it.
10:23 You could also say that President Marcos was, he was very popular then, but it boosted the popularity of SMNI.
10:28 Yes, yes. But you mentioned that you went to the palace to appeal. Yes, yes, yes.
10:34 Tell us about that. On what grounds? Because…
10:37 We filed an appeal to the office of the President this week, last week. We filed it last week on the ground that, because MTICB denied already our motion for reconsideration.
10:50 So, if we failed to, if we will not file an appeal, another 14 days suspension, additional suspension of the decision of the, additional suspension of SMNI.
11:03 So, the appeal to the office of the President is for the two programs? Two programs, two programs.
11:07 So, it doesn't have to do with the MTC?
11:10 If we will not appeal, we are, it is as if we accept the verdict of MTRCB against President Duterte, against Ka Eric Yusef Lorin Badoe.
11:24 So, we don't accept the decision of the MTRCB. So, although we respect MTRCB, but we don't agree with the decision of the MTRCB.
11:34 So, we filed an appeal to the office of the President.
11:36 What is the, you know, educate me here a bit, what is the legal strategy there? Because if the office of the President agrees with you, the network is still off air.
11:47 If the office of the President agrees with me, or the legal team of SMNI, we are still off air, but because of the MTC decision.
11:59 Not because of the MTRCB decision. So, it means we will win, hopefully, this time we will fight for the decision of the MTC.
12:09 So, to clarify this, the office of the President have jurisdiction over the MTC?
12:15 The office of the President has jurisdiction with respect to MTRCB because MTRCB is under the office of the President.
12:22 So, the decision of the MTC, granting that they denied us, is appealable to the Court of Appeals, not to the office of the President.
12:30 MTRCB's decision is appealable to the office of the President, MTC's decision is appealable to the Court of Appeals.
12:38 [Silence]
12:44 [Mouse click, typewriter ding]