Over SMNI franchise revocation bill

THE House of Representatives has issued a subpoena to Davao-based televangelist Apollo Quiboloy in connection with the hearing on a bill seeking to revoke the congressional franchise of Swara Sug Media Corporation, which operates as Sonshine Media Network International (SMNI).

Quiboloy has been summoned to appear and testify before the House Committee on Legislative Franchises on March 26, 2024, at 1 p.m.

The hearing will be held at Conference Room Nos. 7 and 8, Ramon V. Mitra Building, located within the Batasang Pambansa complex in Quezon City.

“Please be advised that failure to comply with this Order will constrain the Committee to resort to Section 11 of the Rules of Procedure Governing Inquiries in Aid of Legislation of the House of Representatives on the power of contempt,” the subpoena stated.

The subpoena was signed by Speaker Ferdinand Martin G. Romualdez, Committee on Legislative Franchises Chair Parañaque City 2nd District Rep. Gus S. Tambunting, and House Secretary General Reginald “Reggie” Velasco on February 13.

To recall, the Tambunting panel opted to issue a subpoena to Quiboloy following his absence from the committee hearings held on December 5 and 11, 2023, and February 7, 2024, despite receiving multiple invitations.

Surigao del Sur 2nd District Rep. Johnny Pimentel, vice chair of the franchise panel, stressed the importance of Quiboloy’s presence, highlighting his crucial role in the ongoing inquiry.

“We deemed it necessary to compel Pastor Quiboloy’s attendance at the next hearing. He is the main actor in this inquiry, and there are numerous questions that demand his clarification, particularly regarding the ownership of Swara Sug,” Pimentel said.

During the February 7 hearing, SMNI’s legal counsel, Mark Tolentino, clarified to the committee that Quiboloy held the title of “honorary chairman” at the network and was not actively involved in its daily operations.

However, lawmakers maintained that Quiboloy is the actual “beneficial owner” of both Swara Sug and SMNI, which regularly airs his sermons.

The Tambunting panel is currently addressing House Bill (HB) No. 9710, filed by 1-Rider Party-list Rep. Rodge Gutierrez, which highlights multiple infractions by SMNI as unveiled during the panel’s hearings in late last year.

In addition to its failure to adhere to the terms of Swara Sug’s renewed congressional franchise, SMNI faces allegations of spreading “fake news.”

Swara Sug initially obtained its franchise under Republic Act (RA) 8122 in 1995. Later, in 2019, the renewal of the same franchise was enacted through RA 11422.

Section 4 of RA 11422 obligates the network to refrain from using its stations or facilities for the intentional spread of false information or willful misrepresentation to the detriment of the public interest.

In seeking the revocation of SMNI’s franchise, Gutierrez said the broadcast network committed “multiple grave infractions in violation of its franchise grant.”

Gutierrez noted that, during the committee hearings, numerous transgressions and abuses by the franchise grantee were identified.

SMNI also drew criticism when former President Rodrigo Duterte rebuked the House leadership for redirecting P650 million in confidential funds from the office of Vice President Sara Duterte and the Department of Education to government agencies responsible for securing the West Philippine Sea amid China’s continuous harassment.

Gutierrez’s bill asserted that Swara Sug or SMNI failed to provide truthful and balanced reporting, citing cases filed against it in various institutions. These cases involved red-tagging, fake news, and baseless accusations against House members, the former vice president, and private individuals.

The bill further noted SMNI’s attempt to sow discord between the two houses of Congress by insinuating unverified Senate claims of the House spending P1.8 billion on travel expenses in 2023.

Moreover, the bill indicated that SMNI openly admitted to undergoing a transition from a non-stock, non-profit corporation to a sole corporation under Quiboloy in 2006. Later, in 2023, the controlling stake was transferred to Bro. Marlon Acobo, with both actions taking place without obtaining congressional approval.

According to the bill, the requisite congressional approval for such changes is outlined in Section 10 of RA 11422. This section explicitly prohibits the sale, lease, transfer, or assignment of the franchise without prior congressional approval.

Section 10 also mandates informing Congress within 60 days of any transaction involving the sale, lease, transfer, or assignment of the franchise or its rights. Failure to report such changes of ownership, as stated in the same section, automatically results in the revocation of the franchise.