DESPITE the absence of an enabling law to take Sonshine Media Network International (SMNI) off the air, the government still suspended the network indefinitely.
This is the fate of the network under the Marcos Jr. administration, which SMNI supported in the 2022 elections.
For everyone’s information, SMNI is the only network that took a risk and supported the then-presidential candidate Bongbong Marcos Jr.
However, the situation has now reversed, and instead of showing gratitude to SMNI, they are now being punished.
Veteran lawyer Atty. Ferdinand Topacio reminds us that the course of action taken by the National Telecommunications Commission (NTC) against SMNI is very wrong.
He asserts that a house bill or house resolution is not sufficient to cripple the network because it has its own franchise law.
Recently, a bill passed the House of Representatives to revoke Republic Act 11422—the law granting a 25-year franchise to operate.
“Is that a law? No. it is a House Bill. Why? Because under our bicameral system of government, in order for that to become law, there are two other steps. Number 1, it has to have the concurrence of the Senate. Number 2, it has to be signed by the president,” said Atty. Ferdie Topacio, Law Expert.
Topacio argues that the NTC’s imposition of an indefinite suspension is questionable and that it violates the separation of powers between the executive and legislative branches—between the NTC and the House of Representatives.
“This is illegal. This falls to Atty. Torreon if you may. You know, what the NTC is doing as a regulatory body to impose an indefinite suspension is not allowed. Because if they do that, they are encroaching upon Congress’s prerogative to make laws. By the simple expedient of the commission under the executive granting an indefinite suspension, it is as if you are invalidating the law. This is an impermissible violation of the separation of powers,” said Topacio.
Topacio clarifies that SMNI still has a franchise law. The network has also filed an appeal with the NTC to lift the indefinite suspension.
“So, you can see that the executive branch no longer respects the law. But because they control the House and Senate now, no one is protesting. Legislators should feel insulted. They should say, okay, even a congressman should feel insulted and say, “We voted to cancel, but it is not yet law. There is still a law, and that law should be implemented, but it is not being done. What can we do now? If the law is being used by the naked power of the executive, how can we trust the justice system? How can you say, “face the law,” when the law has been perverted and distorted?” said Topacio.
