SMNI waits on ‘motion for reconsideration’ vs suspension order | Business and Politics
SMNI lawyer and former congressman Rolex Suplico says that the network intends to go through legal recourse starting with its motion for reconsideration, with a plan to file for a damage lawsuit afterwards. He adds that the next step for their team will be to go to the Court of Appeals then to the highest tribunal.
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SMNI lawyer and former congressman Rolex Suplico says that the network intends to go through legal recourse starting with its motion for reconsideration, with a plan to file for a damage lawsuit afterwards. He adds that the next step for their team will be to go to the Court of Appeals then to the highest tribunal.
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NewsTranscript
00:00 Sir, what about the petitions made? There was a petition made at the Supreme Court by Attorney Harry Roque and some employees of SMNI.
00:10 I think there was also a letter or some petition given to Malacanang, to the office of the President.
00:17 What's the latest on those? And why go to Malacanang? What was the purpose? Give us the legal argument there.
00:25 And what was the petition with the Supreme Court?
00:30 The petition with Malacanang is by virtue of a decision rendered by the MTRCB.
00:36 For suspending those two programs?
00:39 Against the two programs.
00:41 The GICAN and Laban Kasama ng Bayan.
00:45 We filed a petition for review with the office of the President. It's pending there because MTRCB is under the office of the President.
00:53 With Attorney Harry Roque. He went there because he has a program here.
00:57 So he went to the Supreme Court by virtue of a petition for a statutory saying that he has been deprived of his right to air his program.
01:06 Now, we're waiting. We are waiting for the resolution of our motion for reconsideration on the indefinite suspension.
01:15 With the NTC?
01:16 With the NTC. Once that comes out, then the strategy is to go to the Court of Appeals.
01:23 I see. Let me just clarify some things.
01:26 So the petition with the office of the President, if the President says, "Okay, I agree with you," my understanding is that doesn't get SM&I back on air. Is that correct?
01:36 That's correct. It only concerns two programs.
01:39 I see. I see. And are there anything obligatory on the part of SM&I? Is there sanctions or maybe procedural changes or editorial policies that need to change with regard to those two programs so that maybe it will address some of the concerns of MTRCB or others?
02:02 I don't think so. I don't think. I think it should continue as it is.
02:06 What SM&I has done is sufficient according to law. That's your position?
02:10 Yes. That's my position.
02:11 Okay. Now, the petition by Attorney Roque and the employees at the Supreme Court, what do you hope to happen from there? What can they get from the Supreme Court?
02:22 We hope that the Supreme Court will issue a TRO and that there will be a hearing that will follow it.
02:30 So is that an injunction on NTC?
02:33 On NTC.
02:34 I see.
02:35 The respondent is the NTC there.
02:36 I see. Okay.
02:37 So then we are also waiting for the MR. Once the NTC resolves our MR, then we will go to the Court of Appeals because I don't expect any justice from the NTC.
02:49 I see. Wow.
02:51 So after the Court of Appeals, there will be, in theory here, another petition from SM&I, as you said, in the Supreme Court. Would that be correct?
03:03 That's correct.
03:04 On behalf now of the Swa-La-Sug Corporation.
03:08 What if we win in the Court of Appeals, assuming the NTC resolves the MR against us, then we go to the Court of Appeals. Then I think the other party will go up. The government will go up to the Supreme Court.
03:21 But I'm just curious. Isn't NTC obligated somehow to have a hearing on these petitions? I mean, it seems like it's acting on its lonesome here. Is that a correct impression?
03:36 The Due Process Clause is found in Section 1, Article 3 of the 1987 Constitution. It's a long phrase, but you can sum it up in two words, fair play.
03:47 Okay.
03:48 I don't think we got fairness before the NTC. It should have conducted a hearing to listen to us. Then we could have questioned the complainant.
03:58 Right.
03:59 Who is the complainant there?
04:00 Right.
04:01 Is the form correct?
04:02 Right.
04:03 Because the NTC has its own rules and regulations.
04:05 Right.
04:06 In fact, the next milestone there with the case is a preliminary conference.
04:12 Right.
04:13 Who will now represent NTC in its own tribunal?
04:16 And as you said, you're confident that there was no violation because the basis of that decision, as you said, was there was a one-day operation of a radio station or a TV station during the 30-day suspension.
04:33 That's correct.
04:34 On December 27th in Roja City, which our technician over there denied.
04:40 Right.
04:41 So what is the evidence that SMNI is holding on to to say that there has been no violation? Is there a logbook? How does a network argue something like that?
04:54 We called our technician over there because when the order came out, it stated a radio station in Region 6. We have two stations in Region 6.
05:03 One in Aklan, which is not operating, and this one in Roja City, it's operating.
05:08 Okay.
05:09 Now, it stated that December 27th, so we called them up.
05:12 They denied operating the station in December 27th.
05:18 They said that they aired programs with a cable channel.
05:26 That's not the platform that we're talking of.
05:28 So we're talking about free-to-air frequency?
05:30 Free-to-air, covering both radio and TV stations.
05:33 I see. Now, explain to us the legality of this because as people know, this program remains off-air, but it's available in some cable channels.
05:42 Why does the law allow that? Why doesn't the law cover also cable channels?
05:49 It's because the law regulates frequencies.
05:55 I see.
05:56 Which is public domain.
05:57 Which is public domain. The government regulates that. It's a very limited property of the government.
06:03 So there is a strict requirement for broadcast entities to avail of those frequencies.
06:11 First, you have to secure a congressional franchise.
06:13 Then you go to the NTC on an application for a particular area, and then the frequency.
06:20 So it's really very, very limited.
06:23 Now, that covers a congressional franchise.
06:25 The congressional franchise simply says you're allowed to use a public property, a public asset, which is the frequency.
06:32 And a cable channel is not public domain.
06:34 It's not.
06:35 Okay.
06:36 Because you have to put up wires.
06:37 I see.
06:38 Unless it's MMDS.
06:40 What is that?
06:41 It's a cable TV based on MMDS.
06:44 You put a transmitter up there in Antipolo.
06:46 Based on the broadband.
06:47 Then you have a receiver in your TV station, on top of your TV station.
06:53 That means you're using frequencies.
06:55 I see.
06:56 But this time, we're not.
06:57 Now, when NTC issued its indefinite suspension order, did it give any evidence that, hey, this was an SMNI's violation?
07:09 Did they give you a tape?
07:10 Or did they give you any document saying this was the recorded violation, and therefore we're giving you an indefinite suspension?
07:18 I'm glad you asked that question.
07:19 Okay.
07:20 Because the date itself is contained in the order.
07:22 Okay.
07:23 It came as a shock.
07:24 Okay.
07:25 Then in the last hearing, February 7, a deputy commissioner who attended the hearings claimed that there was this report from the regional office.
07:33 Okay.
07:34 And we wrote them.
07:35 We will be writing them a letter asking for this report.
07:37 Okay.
07:38 So we have not seen the basis for our indefinite suspension.
07:42 So, just to get it correctly, all you heard from NTC was that you allegedly violated something, and therefore you're off air indefinitely.
07:50 That is correct.
07:51 Without any evidence.
07:52 No.
07:53 No hearing at all.
07:55 Now, again, just pursuing this legal discussion, is there any remedy for SMNI?
08:02 What is the recourse here?
08:03 I mean, I know that there is the option to file an appeal with the Court of Appeals after that and maybe go to the Supreme Court,
08:10 and there are these other parallel petitions by other people associated with SMNI.
08:15 But obviously, there are economic losses, people are out of work.
08:20 What does the law say about what legal recourse is available to a network like SMNI?
08:27 Well, we are following the legal course.
08:30 Okay.
08:31 And we are filing an MR.
08:32 Okay.
08:33 If the MR is denied, we go up to the Court of Appeals.
08:35 Okay.
08:36 We're waiting for that MR now.
08:37 Okay.
08:38 But of course, we can also file a damage suit later on.
08:41 That's what I'm getting at. Because obviously, if you win a petition later on, you get back on air,
08:47 does that address the losses that were suffered by SMNI while it was suspended?
08:53 I mean, what does the law say there?
08:57 Well, actually, we're entitled to a damage suit.
08:59 Okay.
09:00 Then we can also file a case for anti-graft.
09:02 Okay.
09:03 Because definitely, this has violated our rights.
09:05 Okay. So the anti-graft case, I suppose that would go to Sandigan Bayan?
09:11 Mbutsman, then Sandigan Bayan.
09:13 Mbutsman first. I see.
09:14 So what does the law say about that?
09:18 I mean, what would be the argument for a case to be filed with Mbutsman if it reaches that?
09:25 Well, manifest impartiality.
09:26 Okay.
09:27 Because we were never accorded our damage court.
09:29 Due process.
09:30 Due process.
09:31 Okay.
09:32 It was violated by MTC.
09:33 Okay.
09:34 Wow.
09:35 And assuming that you win that argument, what does the law say about the possible penalties there for, I suppose, MTC or the people you will file?
09:45 It's possible that before the Mbutsman, before the case reaches the Sandigan Bayan, we can ask for their suspension.
09:50 Okay.
09:51 In fact, we already did call their attention. We filed a motion to inhibit.
09:55 Meaning you called the attention of MTC.
09:57 Yes. We filed a motion to inhibit because we were surprised.
10:01 Okay.
10:02 Why is the complainant the MTC? And they, you know, it came from them.
10:06 Right. Right. Right.
10:07 How do we get justice from that setup?
10:09 Right.
10:10 Someone said, it did not come from me, but one of the reporters, the word "Lutung Makau" was used.
10:15 Was used?
10:17 Okay.
10:19 Okay.
10:21 Okay.
10:23 Okay.
10:24 [BLANK_AUDIO]