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SMNI says NTC suspension order violated due process

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RG Cruz, ABS-CBN News

<p>MANILA — The operator of 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.</p><p>&quot;The order was issued without hearing. Hence, it violated the due process of law provision of the 1987 Constitution. SMNI was punished without giving it its day in Court,&quot; SMNI legal counsel Rolex Suplico told ABS-CBN News in a text message.</p><p>NTC on Thursday disclosed that it has issued a show cause order with 30-day suspension against Swara Sug Media Corporation (Swara Sug) with business/trade name SMNI.</p><p>The NTC cited the House of Representatives&#x27; declaration in Resolution No. 189 that Swara Sug violated at least three specific provisions of its legislative franchise.</p><figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/wsuA7NZhmvY?enablejsapi=1" width="560"></iframe></figure><div class="iwantbar">Watch more News on <a href="https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news" target="_blank">iWantTFC</a></div><div class="iwantbar"> </div><p>But SMNI said NTC depended too much on the House of Representatives&#x27; resolution without doing its own investigation.</p><p>&quot;NTC took hook, line and sinker the House of Representatives’ determination. NTC is under the Executive branch 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.&quot; Suplico said.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/12/22/23/padilla-backs-smni-condemns-baseless-ntc-suspension">Padilla backs SMNI, condemns &#x27;baseless&#x27; NTC suspension</a></li></ul><div><strong>FRANCHISE VIOLATIONS</strong></div><div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img alt="Apollo Quiboloy, head of " the="" Kingdom="" of="" Jesus="" speaks="" during="" a="" press="" conference="" in="" Davao="" City="" on="" May="" Manman="" AFP="" src="https://sa.kapamilya.com/absnews/abscbnnews/media/2018/life/02/15/1-quiboloy-apollo-afp.jpg"/><figcaption>Apollo Quiboloy, head of &quot;the Kingdom of Jesus Christ&quot;, speaks during a press conference in Davao City on May 23, 2016. <em>Manman Dejeto, AFP/file</em></figcaption></figure></div><p>Rep. Gustavo Tambunting, chairman of the House of Representatives committee on legislative franchises, earlier said the panel is set to invite Davao-based Pastor Apollo Quiboloy to its inquiry on Sonshine Media Network International&#x27;s alleged franchise violations, saying the pastor is the &quot;ultimate beneficial owner&quot; of SMNI.</p><p>&quot;Marami pong kumpanya, meron pang sole corporation papasok, kami may-ari. Pero pag in-analyze mo ay ang ultimate beneficiary - pwede silang maglagay nang ibang pangalan - pero makikita mo kung sino talaga ang tunay na may-ari e tine-trace back &#x27;yun. Even SEC agrees that the ultimate beneficial owner would be also Pastor Quiboloy. Kung titignan mo ‘yung mga shell holdings ng mga kumpanya kasi biro mo yung actual corporation tapos meron siyang individual shares, tapos may shares yung iba, pero pag ipinagsuma-suma mo, ang majority pa rin ay si Pastor Quiboloy. &#x27;Yun ang findings ng committee and that will be clearer in the coming hearings,&quot; he said in a TeleRadyo Serbisyo interview. </p><p>In his explanatory note, 1Rider Party List Rep. Ramon Rodrigo Gutierrez said the House Committee on Legislative Franchises found that SMNI violated various provisions of its own franchise.</p><p>He said SMNI changed its corporate structure that affected its ownership without prior approval by Congress as required.</p><p>&quot;In 2006, it transitioned from being non-stock, non-profit corporation to a corporation sole 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,&quot; Gutierrez said in his explanatory note.</p><p>Another alleged violation was failure to disperse at least 30% of its ownership to the public, which is also a requirement of the franchise.</p><figure class="op-interactive"><iframe allow="autoplay; fullscreen" frameBorder="0" height="100%" id="ivsplayer01" scrolling="no" src="https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&amp;key=e8c22c015ca9eafa76f1e3edfa03c603&amp;spid=3001339&amp;vid=2901251" width="100%"></iframe></figure><div class="iwantbar">Watch more News on <a href="https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news" target="_blank">iWantTFC</a></div><p>Mark Tolentino, legal counsel and officer of SMNI, earlier told congressmen that Swara Sug Media Corporation of the Philippines, also known as Sonshine Media Network Inc., is not owned by Quiboloy.</p><p>&quot;He&#x27;s not part of the corporate officers. He&#x27;s just a blocktimer of SMNI. We consider him as a honorary chairman but he&#x27;s not part of the corporate officers, his name is not part of the corporate papers. He&#x27;s not a stockholder of SMNI or Swara Sug Media Corporation,&quot; he said. </p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/11/30/23/smni-official-says-quiboloy-doesnt-own-media-network">SMNI official says Quiboloy doesn&#x27;t own media network</a></li></ul><p>Suplico said SMNI is exploring its options after the NTC handed down its decision.</p><p>&quot;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.&quot; Suplico said.</p><figure class="op-interactive"><iframe allow="autoplay; fullscreen" frameBorder="0" height="100%" id="ivsplayer01" scrolling="no" src="https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&amp;key=e8c22c015ca9eafa76f1e3edfa03c603&amp;spid=3001339&amp;vid=2908389" width="100%"></iframe></figure><div class="iwantbar">Watch more News on <a href="https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news" target="_blank">iWantTFC</a></div>

SMNI said NTC depended too much on the House of Representatives' resolution without doing its own investigation.

SMNI says NTC suspension order violated due process

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SMNI says NTC suspension order violated due process

RG Cruz,

ABS-CBN News

Published December 22, 2023 04:21 PM PHT

|

Updated December 22, 2023 04:42 PM PHT

Read More:

SMNI

NTC

National Telecommunications Commission

Swara Sug Media Corporation

Sonshine Media Network International

ANC

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