SMNI says NTC suspension order violated due process

MANILA, Philippines — Slapped with a 30-day suspension by the National Telecommunications Commission (NTC), Sonshine Media Network International (SMNI) has been deprived of due process under the Constitution, one of its lawyers said yesterday.

In an interview with The STAR, SMNI counsel Rolex Suplico said the NTC has relinquished its quasi-judicial powers in favor of the House of Representatives when it adopted Resolution 189 approved by the lower chamber calling for the suspension of SMNI associated with religious sect leader Apollo Quiboloy.

“The order for the closure for 30 days of SMNI is violative of the due process clause of 1987 Constitution for the simple reason that SMNI was deprived of its day in court,” Suplico, a former congressman, said.

In a show-cause order, NTC told Swara Sug Media Corp., parent company of SMNI, to submit in writing within 15 days its defense.

“I think we did not receive it officially because there was no proper service of the order which suspended us for 30 days,” Suplico added.

He said the legal team of the SMNI is now studying its next move in response to the NTC order.

“Definitely, there are several violations in the order. First, the NTC adopted the determination of the House (of Representatives). Remember that the NTC as a regulatory authority was exercising its quasi-judicial powers. Sadly, NTC surrendered its quasi-judicial powers to the House of Representatives,” he said.

According to Suplico, enforcing the 30-day suspension would be a violation of the Bill of Rights.

“Section 1 of the Bill of Rights provides that no one shall be deprived of life, liberty or property without due process of law, nor shall anyone be denied the equal protection of the laws,” Suplico said.

“That means that before you condemn, you hear. This time, there was no hearing resorted to by the NTC, and worse, the NTC surrendered its quasi-judicial powers to the House of Representatives,” he said.

“As you can see in the lower house, we were only asked to answer yes or no. We were not allowed to explain our position, and the hearings conducted in the lower house are pursuant to the constitutional power of the House to conduct inquiries in aid of