THE House Committee on Legislative Franchises yesterday approved the proposal to revoke the congressional franchise of Swara Sug Media Corporation, which is operating as the Sonshine Media Network International (SMNI), as it cited Kingdom of Jesus Christ (KJOC) Pastor Apollo Quiboloy in contempt for snubbing Monday’s hearing.
Members of the committee, which is chaired by Parañaque Rep. Gustavo Tambunting, voted to approve House Bill (HB) No. 9710, which sought the termination of SMNI’s franchise.
The committee recommendation will be endorsed to the plenary, which will deliberate on the proposal before voting on it.
In pushing for the revocation of SMNI’s franchise, Rep. Rodge Gutierrez (PL, 1-Rider), who is the author of HB 9710, cited the network’s alleged various violations, particularly the spreading of fake news and the red-tagging of critics of former President Rodrigo Duterte’s critics.
It was Surigao del Sur Rep. Johnny Pimentel who moved for the approval of the measure.
“All arguments and issues have been exhaustively discussed, and we have established violations by Swara Sug of at least four sections of its franchise – Sections 4, 10, 11, and 12,” Pimentel said, stressing that Section 4 requires SMNI to be responsible, truthful and accurate in its broadcasting.
His motion was seconded by Bulacan Rep. Augustina Dominique Pancho.
Pimentel said SMNI also violated Section 10, which requires it to obtain the permission of Congress before changing its ownership structure.
In 2020, Swara Sug reported to the Securities and Exchange Commission (SEC) that 95 percent of it was owned by KJOC. However, in 2022, Pimentel said Swara Sug transferred 46 percent of its ownership to another entity without first obtaining congressional approval.
The lawmaker said Section 11 requiring dispersal of ownership to Filipinos was also violated. “They should have offered at least 30 percent to Filipinos. After 29 years, not one share of stock was offered,” he said.
Pimentel added that Section 12, which was also violated, is on the reportorial requirement.
SMNI lawyer Mark Tolentino made a last minute attempt to delay the vote by appealing to the committee to read its position paper on HB 9710, but Tambunting told him that the position paper was only submitted 30 minutes before the hearing.
“How could you expect us to reproduce it and give all members a copy? November pa pinag-uusapan na natin ito, tapos magsa-submit kayo ng position paper 30 minutes before the hearing? (We’ve been tackling this since November and you’ll submit a position paper 30 minutes before the hearing?) That’s truly unfair,” the chair said. “Anyway, your position paper was just a reproduction of what you have told us during our six hearings, and it is noted,” he added.
CONTEMPT
Tambunting ordered the House’s Sergeant-at-Arms to arrest Quiboloy and bring him to the Batasang Pambansa in Quezon City to force him to the lawmakers’ questions.
“The fact that he has not been appearing in these hearings, in this committee, just shows that he has no respect for this committee. It just shows that he acts like God, he acts with impunity, he takes this hearing granted. Ipinagwawalang-bahala niya, importante po siya dito,” said Pimentel, a panel vice chair, who moved that Quiboloy be cited in contempt after snubbing the panel’s invitation thrice, the first of which was sent to him as early as December last year.
Quiboloy was earlier subpoenaed by the House panel to shed light on his role in SMNI.
In response to the citation, Quiboloy’s legal counsel, lawyer Ferdinand Topacio, asked the panel to give his client until Friday to decide whether to attend the proceedings or not, stressing that he should be accorded due process, especially since he has not had a hand in running SMNI for the past four years.
Tambunting said that if Quiboloy shows up on or before, there will be no need to detain him at the Batasan.
“We don’t have to detain him,” Tambunting later told reporters. “If he comes here on the date requested, then there will be no use (to detain him at the Batasan).”
SMNI lawyers led by Mark Tolentino and former Iloilo Rep. Rolez Suplico have been insisting that the wanted televangelist does not own the company and is only its honorary chairman.
In place of Quiboloy, Topacio, who said he was set to meet with Quiboloy today, brought three KJOC officials, including lawyers Eunice Ambrosio and Maria Norfili Marimon, whom he said “possess the necessary competence to answer questions.”
On the questioning of Quezon City Rep. Franz Pumaren who said he was “baffled” why Quiboloy does not want to attend the hearings, Topacio said lawmakers should not blame his client because it was him, as his legal counsel, who advised him to just send other people who are competent to answer the committee members’ questions.
Tambunting said Quiboloy was already accorded due process several times, noting that the panel has invited him thrice since December while Pimentel said Topacio was obviously hired by Quiboloy to delay the contempt citation.
“This is just delaying tactics,” Pimentel said while insisting on his motion. “It doesn’t matter how many hearings we hold here, they’ll just offer another alibi for not attending.”
Deputy Speaker David Suarez of Quezon, for his part, said the panel has been holding hearings on SMNI’s violations since November, pointing out that “leniency and patience the committee has afforded to SMNI, Swara Sug,” but Topacio said Quiboloy is “apprehensive that his rights may not be respected because of the controversy surrounding the investigation” and that the pastor wants to be furnished questions before attending.
Suarez warned the panel that giving in to Quiboloy’s demand “will set a dangerous precedent” since resource persons can just send representatives before deciding to attend or not and “once we allow that, therefore all committees will allow that.”
Suarez also later said in jest that Topacio, being a law-abiding citizen, should be kind enough to just bring the House Sergeant-at-Arms with him in his meeting with Quiboloy today, but the legal counsel invoked the lawyer-client privilege.
‘TRIAL BY PUBLICITY’
Vice President Sara Duterte defended Quiboloy and slammed what she called the “trial by publicity” against the televangelist, who is wanted in the United States for alleged rape, human trafficking, exploitation of power and physical abuse.
“Lagi po tayong manalangain para sa hustisya at katotohanan (Let us always pray for justice and truth). Justice and the truth cannot be achieved in trial by publicity but by a day in court,” Duterte said in a recorded video, which was posted by SMNI on its social media page on Monday night.
Quiboloy is the spiritual of the Vice President’s father, who has been tapped to be the new administrator of KJOC properties.
“Ako po ay nakikiisa sa panawagan ng pagpapairal ng batas at katarun gan sa hinaharap na isyu ni Pastor Apollo Quiboloy at ng SMNI (I am one with the calls for the enforcement of the rule of law and justice in the issue faced by Pastor Apollo Quiboloy and SMNI),” the Vice President said.
The Vice President said Quiboloy appears to have already been pre-judged based on the testimonies of masked witnesses, referring to the Senate Committee on Women’s investigation.
“Sa mga ginagawang pagdinig ay tila pinatawan na ng guilty verdict si Pastor Quiboloy kahit na nakabatay lamang ang pandinig na ito sa mga paratang ng mga testigo na nagkukubli ng kanilang katauhan at hindi mapatunayan ang kredibilidad (In the hearings being conducted, it appears that Pastor Quiboloy has been given a guilty verdict even if these hearings are only based on the allegations of witnesses who hide their identities and cannot prove their credibility),” the younger Duterte said.
SHOW CAUSE ORDER
In the Senate, Senate deputy minority leader Risa Hontiveros, chairperson of the Senate Committee on Women, yesterday issued a show cause order requiring Quiboloy to explain why he should not be arrested for his continued refusal to attend the Senate hearings on his alleged various abuses of former KJOC members.
The show cause order, which was dated March 13, 2024, also directed the Senate Sergeant-at-Arms to deliver the order to Quiboloy’s known address and return the same within the 24 hours upon compliance.
Hontiveros said Quiboloy should be arrested to compel him to attend the next committee hearing, which has yet to be scheduled.
The Pastor has snubbed the Senate panel’s invitations to attend the hearing held last January 23, February 19, and March 5.
“You are hereby ordered to show cause within a non-extendible period of forty-eight (48) hours from receipt of this Order why you should not be ordered arrested and detained at the Office of the (Senate) Sergeant-at-Arms,” Hontiveros said.
The order was signed and approved by Senate President Juan Miguel Zubiri, who earlier said a show cause order should first be issued on Quiboloy because a warrant for his arrest is issued by the Senate.
In a chance interview, Zubiri said the issuance of a show cause order is based on a Supreme Court ruling on how Congress should proceed before arrest warrants are issued on erring or non-compliant resource persons.
Zubiri said this was what happened in the case of the Pharmally Pharmaceutical Corp. case during the Senate Blue Ribbon Committee hearings on the irregular purchase of COVID-19 supplies coursed through the Procurement Service of the Department of Budget and Management.
“So, nakalagay doon na we must exhaust all legal due process. So, we have to, it says there, that they just also issue show cause order. There must be a show cause order. So, kapag nag show cause order si Ma’am Risa at hindi satisfactory ‘yung explanation o sagot at ayaw pumunta dito, then it’s ministerial on the part of the Senate to release a warrant of arrest (It was stated there [in the SC ruing] that we must exhaust all legal due process.
So, we have to, it says there that they just also issue a show cause order. There must be a show cause order. So, if there is a show cause order issued by Ma’am Risa and the response or explanation is not satisfactory and he does not want to appear here in the Senate, then it’s ministerial on the part of the Senate to release a warrant of arrest),” Zubiri said.
The Hontiveros panel has cited Quiboloy in contempt after he snubbed its March 5 hearing, for which a subpoena was issued to the pastor to compel him to attend. The religious leader did not attend the last hearing.
Sen. Robin Padilla has opposed the committee ruling on Quiboloy and is encouraging other panel members to sign a motion seeking to reverse the chairperson’s ruling.
Besides Padilla, Senators Cynthia Villar, Imee Marcos, and Christopher Go have signed the document.
The reversal motion needs to get the support of at least eight out of the 14 members to overturn the contempt citation.
The committee members have seven days, or until yesterday (March 12) to formalize their petition, otherwise the ruling stays.
Sen. Nancy Binay, committee vice chair, said she did not sign the petition to reverse the ruling as she respects the decision of the chairperson since the allegations of rape against Quiboloy are “very serious.” — With Raymond Africa
