THE families of SMNI anchors Lorraine Marie Badoy and Jeffrey “Eric” Celiz yesterday filed a petition for writ of habeas corpus before the Supreme Court (SC) questioning their detention after being cited in contempt by the House of Representatives last week.
In their 57-page petition, Badoy and Celiz asked the High Court to issue a writ of preliminary mandatory injunction against their detention and to order their release from detention on or before December 15.
Badoy was represented by her husband Walter Partosa, while Celiz was represented by Rogilda Canilao Celiz.
The petitioners alleged House lawmakers abused their discretion when they cited them in contempt and ordered their detention.
“The Petitioners respectfully plead for the Honorable Supreme Court to rule that there is no legal basis for their detention by the Respondents because the Respondents committed grave abuse of discretion in exercising their contempt power, and or such detention constitutes an unlawful punishment for the exercise by the Petitioners of their right to freedom of expression and of the press,” they said.
The House Committee on Legislative Franchises cited Badoy for contempt due to her “refusal to answer and (for) acting in a disrespectful manner” during an inquiry related to the advertisement revenues of her SMNI program, “Laban Kasama ang Bayan,” that she co-hosts and co-produces.
On the other hand, the panel cited Celiz in contempt after he repeatedly refused to disclose the identity of his source that provided information that Speaker Martin Romualdez spent P1.8 billion for his travels abroad.
In their petition with the SC, Badoy and Celiz argued that their inconsistent answers is not proof that they were being evasive to the questions asked by the lawmakers.
“In this case, the allegedly inconsistent answers of the petitioner do not conclusively establish that she (Badoy) was doing it out of disrespect to the members of the Committee,” they said, adding that Badoy should have been given the opportunity to explain her side.
“In this case, the Petitioners are respectfully pleading for the honorable Supreme Court to exercise its power and duty to defend their right to liberty against the illegal and vindictive actions of the Respondent Committee,” they said.
As for Celiz, the petition said he is shielded from revealing his source by Republic Act 53 or an “Act to Exempt the Publisher, Editor or Reporter of Any Publication from Revealing the Source of Published News or Information Obtained in Confidence.”
The Sotto Law exempts publishers, editors, or reporters from revealing their news source or information obtained in confidence.
In 2019, then President Rodrigo Duterte signed Republic Act 11458 which amended the said law, further expanding the protection to “any publisher, owner, or duly recognized or accredited journalist, writer, reporter, contributor, opinion writer, editor, columnist, manager, media practitioner involved in the writing, editing, production, and dissemination of news for mass circulation, of any print, broadcast, wire service organization, or electronic mass media including cable tv and its variants.”
“Unfortunately, he was not given the opportunity to explain why his polite invocation of the said law should not be considered as disrespectful in accordance with the House Rules Governing Inquiries in Aid of Legislation,” the petition said, adding that Celiz’s predicament can be compared to what happened to former NEDA chief Romulo Neri when he was cited in contempt by the Senate during the time of former president Gloria Macapagal Arroyo.
In the Neri case, the High Court held that the Senate’s actions were attended by grave abuse of discretion because it failed to observe his right to due process.
Furthermore, Badoy and Celiz said their detention is “unlawful punishment” for the comments that they made in their television program on SMNI.
“The only logical, inescapable conclusion is that their present detention is a result of those comments. However, being privileged communication, those comments must be free from any inquiry, including by the Respondent Committee, unless there is a clear and present danger. There is none,” they stressed.
Likewise, they said their detention was a violation of their constitutional right to freedom of expression and freedom of the press.
They also cited the case of Pharmally executive Linconn Uy Ong who was also ordered detained by the Senate after being cited in contempt for his evasive answers to queries regarding the company’s multi-billion peso deals to supply medical supplies to the government at the height of the COVID-10 pandemic.
But the SC recently stressed the limitations on the power of the Legislative Branch to conduct congressional inquiries, and to cite in contempt.
While the SC reaffirmed the power of the Legislative branch to conduct inquiries in aid of legislation and to cite in contempt, the petitioners stressed that the rights of persons appearing in such congressional investigations shall be respected, in particular their right to due process.
HR 1499
Meanwhile, the House Committee on Legislative Franchises yesterday approved a committee report endorsing Rep. Margarita Nograles’ (PL, PBA) House Resolution No. 1499 urging the National Telecommunications Commission (NTC) to suspend the operations of Sonshine Media Network International (SMNI) or Swara Sug Media Corporation for violations of its legislative franchise and unethical practices.
The panel chaired by Parañaque Rep. Gustavo Tambtunting also raised serious concerns about the collaboration between SMNI and the China Global Television Network (CGTN), citing potential implications for information dissemination in light of China’s acts of aggression in the West Philippine Sea (WPS).
The panel, which initially adopted the resolution last week, cited several violations of the terms and conditions outlined in Republic Act No. 11422, which renewed the congressional franchise of Swara Sug in August 2019 for another 25 years.
It is now up to the NTC to seriously study the committee’s recommendation to suspend the operations of SMNI primarily for being a purveyor of fake news and engaging in red-tagging of activists and militant lawmakers.
“We are really simply urging the NTC na mukhang nagkakalokohan dito kasi may mga fraudulent aspects dito (because there seems to be dishonesty here because there are fraudulent aspects),” Nograles told the hearing. “Ang nakakatakot ay sino pa ba ang lolokohin nila? (What’s worrisome is, who will they fool next)?”
SMNI is at risk of having its franchise revoked due to multiple violations of provisions outlined in RA 11422, notably Section 4, which underscores the network’s responsibility to the public.
The House probe was called after Celiz, on SMNI’s “Laban Kasama ng Bayan” program, alleged that a “source” in Congress supposedly told him that Romualdez has spent P1.8 billion for travel in just a year.
It was in the same network that former president Rodrigo Duterte lambasted the House leadership for stripping his daughter Vice President Sara Duterte of confidential funds under the proposed P5.768 trillion national budget for 2024.
Citing financial documents, House Secretary General Reginald Velasco later told the hearing that the travel expenses incurred by the Speaker, other lawmakers and House officials from January 2023 to October 2023 amounted to only P39.6 million.
Also yesterday, Tambunting said Celiz, who is detained at the Batasan with Badoy, finally revealed to him the source of his wrong information — someone who is allegedly working in the Senate.
“I will discuss the source with the committee and the Speaker and the Senate president. We have to validate (the information),” said the lawmaker, who recalled that Celiz even refused to identify the source in an executive session last week.
He said Celiz has requested for a furlough, citing the health issues of his mother but his decision to reveal his source does not guarantee that he and Badoy will be allowed to immediately leave since SMNI is still under House investigation.
“Ibang usapan po, huwag nating ihalo. If we decide to give furlough to them, it doesn’t mean the SMNI issue goes with it. (Revealing his source is) one step forward. Kapag ang binigay po niyang tao ay talagang isang buhay na tao (If the name he gave us is a real, living person, that would lighten their guilt,” Tambunting said.
Tambunting also dismissed reports that Celiz and Badoy are on hunger strike, saying the two are on liquid diet.
“They are very, very well. They are saying that they are [on hunger strike] but they look so well,” he said. “They are very well, there’s Pocari, sugar, Gatorade. They are okay. They are taking sugary drinks. Doctors see them every now and then. Their rooms have a division.” — With Wendell Vigilia
