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SMNI suspension an issue of double talk, says Roque | Business and Politics

Sonshine Media Network International (SMNI) host and former presidential spokesman. Harry Roque says the latest indefinite suspension of the network is more of a personal attack than presidential will. National Telecommunications Commission (NTC) initially issued a 30-day suspension order against SMNI last Dec. 21, 2023 on the grounds of propagating false information pertaining to the supposed exaggerated travel expenses by Speaker Martin Romualdez.

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Transcript
00:00 You're watching Business and Politics. I'm your host, Dante Klingham.
00:03 Tonight's program was supposed to be the first after a 30-day suspension
00:08 imposed on this network by the National Telecommunications Commission.
00:11 But as you know, the NTC recently extended that suspension indefinitely.
00:15 Thankfully, the network's program can still be seen online and on select cable channels.
00:21 The NTC orders were the result of a House Committee recommendation
00:24 that sanctioned two SB&I programs. And during that Congressional hearing,
00:28 two anchors were detained by the House Committee on Legislative Franchises.
00:32 They have since been released, but not before our guest this evening went to the Supreme Court
00:35 to appeal for their liberty. We are referring, of course, to Attorney Harry Roque, himself a host of
00:41 an SM&I program, Pulso ng Bayan. He's perhaps better known as a spokesperson for former President
00:47 Rodrigo Duterte. Attorney Roque's career prior to his service in Malacanang revolved around
00:51 practicing and teaching law. He taught at the University of the Philippines in Diliman,
00:55 and his clients included families of the victims of the Maguindanao massacre.
00:58 Later, he moved on to crafting laws. In 2015, he was elected as a representative
01:04 of Takabayan Partylist. He served in Congress until 2017, when he was named the presidential
01:09 spokesperson. Our discussions tonight will cover politics and law, particularly media rights.
01:15 We'll begin with asking Attorney Roque, how do you assess the political landscape now,
01:19 and what does it mean to press freedom? Attorney Harry Roque,
01:22 thank you for making time for Business and Politics. Thank you. It's my pleasure to be here.
01:25 I think it's my first. Normally, you're the one doing the interview. You're the only in the
01:30 program. But now you're in the hot seat, so to speak. As I said, there are a lot of things happening
01:37 politically. I wanted to start off with how you read things. It's sort of the beginning of the
01:43 year still. Things are very fluid. There were some developments just this week, lots of meetings
01:49 going on. Just from your perspective, how do you see things politically?
01:56 Well, what is clear is we're not sure who's really in charge. I'll give an example. The
02:04 president already gave the order, stop this unconscionable firma, which is the word that he
02:12 used, unconscionable, when he learned that bribes were being paid. He directed the Senate to take
02:19 the lead, either through constituent assembly or through legislation. There was supposedly a heated
02:26 discussion in the presence of the president himself with the House Speaker and Senate President
02:33 Zubiri and Senate President Potempo Ligarda in attendance. It was agreed that the Senate would
02:39 take the lead. But what did we find out days after? That firma did not cease, that they continued to
02:46 gather signatures and they have been submitting these signatures, in fact, to the Comelec.
02:51 This, despite express instructions from the president to stop this firma and for the Senate
03:00 to take the lead. That's one. Now, there's a second issue. Amidst the proclamation and
03:08 declaration of Justice Secretary Remulia, the contrary-
03:12 The ICC.
03:13 Yes, on the ICC, the contrary to the position of the president, which he communicated to the
03:18 country seven months ago that there will be no cooperation with the ICC. Secretary Remulia,
03:23 four days ago, made it very clear that we will now cooperate with the ICC. And when asked why,
03:29 well, Secretary Remulia said, "Well, because there are House resolutions calling on us to cooperate."
03:37 Now, this is the same formula used on us, SM&I. Technically speaking, the House resolutions
03:43 to revoke or suspend our franchise has no legal value because it was not concurred in by the
03:49 Senate. And yet, that was enough to be taken by the executive branch of government as a sense of
03:55 the House, and therefore they could not ignore it. In fact, the NTC cited the House resolution
04:01 as a basis for first putting us on a 30-day preventive suspension, and then now an indefinite
04:07 suspension. So now I wonder, with the latest pronouncement of the president that we will not
04:14 cooperate with the ICC, will the Speaker again defy the president? Now, take note that, of course,
04:21 I went to school with the House Speaker and Justice Secretary Remulia. We're all contemporaries.
04:27 We're all friends, even from law school, even from pre-law, in fact. And I know for a fact that
04:32 although I consider myself as an intergenerational friend of Justice Secretary Remulia because our
04:38 parents are very close friends, as we are, the reality is he is not only a schoolmate of the
04:46 House Speaker, he's also a fraternity brother in Upsilon Sigma Phi. And therefore, I could very
04:53 well understand why Secretary Remulia, despite his personal closeness to President Duterte,
04:58 later on, just four days ago, said, "We will not cooperate with the ICC." But with the president
05:05 saying that we will not cooperate with the ICC, will the same thing happen as PIRMA? Obviously,
05:12 House Speaker and his allies, and Justice Secretary Remulia is one of the Speaker's closest allies,
05:19 I would say, will they defy also the president? Which made me think, is this really an issue of
05:26 defiance or is it an issue of double talk? I was going to ask you, are you being rhetorical or do
05:32 you think that there is a grand design here that people are saying, "Well, this must have something
05:38 to do with 2025 or 2028." What's your take? You see, on the one hand, there's a possibility it's
05:45 an open defiance. If it is, the question is, why is the president taking this sitting down? What
05:51 does the Speaker have on him, which gives a sense of entitlement to the Speaker to defy him on very
06:00 fundamental and major issues that have divided this nation? At the same time, it makes you wonder,
06:05 is this really a defiance or pursuant to a grand plan of good guy, bad guy, where the president
06:12 says, "I'm against it, but go ahead and do it anyway because we want it done." We can never
06:17 know. Or is it an instance of, is the president really in charge? Could it be that there are times
06:24 when the president, in fact, is not in charge and that because there are times when he's not in
06:29 charge, the House Speaker and other individuals have to fill up? That's a loaded question.
06:38 Yes, you said you know some of the personalities very well, the Speaker one and, of course,
06:43 the Secretary of Justice. What's your take? I mean, do you, and of course, you have, I'm sure
06:50 you have your ear on the ground, so to speak, talking to different people. What is your set?
06:55 Do you think there is a grand design or do you think this is an evolution of something, maybe
07:03 the rise of different forces or something else? What's very clear is that the House Speaker wants
07:09 to be president or head of state. He seems frustrated because this early, the numbers
07:15 probably make it appear that it's impossible for him to be president in 2020. Okay, so maybe
07:20 prime minister. Yeah, so now, obviously, the PIRMA with the amendment that they want being to
07:26 silence the Senate is obviously intended to introduce revisions that would make us into a
07:32 parliamentary form of government and remove the bicameral system of legislation. So that, to me,
07:39 is a very viable explanation behind this move. Why else would they want to shut up Senate on any
07:45 proposed revisions or amendments to the Constitution? But I think it goes beyond that.
07:50 Because number one, you don't understand why he did it so early. We're not even done with midterm
07:56 elections. Midterm election is only a barometer of how influential the current administration is.
08:02 Okay. Because the performance of the candidates for senator will more or less give us an indication
08:06 of how popular the administration is. So why was it so premature? Wouldn't you say that maybe it's
08:14 done early because the president is precisely popular? That maybe it's, you know, this is his
08:21 time to capitalize on, you know, a major initiative such as what we're seeing right now?
08:28 I mean, isn't there a political strategy explanation for that sort of initiative, you think?
08:34 But then I forgot that in citing the instances where the House Speaker defied the president,
08:38 this was the first issue where he defied the president. Because he said, "We don't need
08:43 charge a change for economic development." That's what I wanted to-
08:46 He said so, no? Yeah.
08:47 So I forgot that there are three instances already where he defied, no? So it makes me wonder now,
08:52 whether or not it's coincidental or is it because House Speaker knows that the president is really
09:00 not in charge and he can get his way any which way. It's the only explanation.
09:05 Are you surprised that, as you said, these things are happening this early in the presidential term?
09:13 Of course. Of course. You know, I also dabble in politics and I know that timing is everything in
09:21 politics. And it seems to me that it's out of sync, really, out of tune to aspire to be president
09:26 now, unless he feels that he's already running government as of now. And it's just a matter of
09:32 crowning him as president or prime minister, as chief executive. So now I'm thinking, perhaps
09:37 he's really calling the shots. And that's why it's not an issue of defiance. It's the fact he's just
09:42 doing everything as if it's business as usual, because he makes the decisions and not the
09:47 president. What would be the implications of that? Say if it's true.
09:51 Your theory is true. What would be the serious implications of that? I mean,
09:55 having the speaker, as you said, running the show and the president allowing him to do so?
10:01 Well, the problem, of course, he was only elected by a few individuals in one district
10:05 out of 318 seats in Congress. He only holds one of them. Whereas 31 million people or 30
10:13 million people, I stand corrected, voted for the president. So he does not have the same
10:18 mandate that the president has. And therefore it is the president who should be ruling and not him.
10:23 Have you had a chance to sit down and maybe take a phone call or phone the speaker and say,
10:29 you know what's going on? Have you had a chance to maybe talk to people around him?
10:33 What have you been hearing? As you said, you were close at one time.
10:37 Yeah. And he did say so as well, that we were good friends because, you know, when we were students,
10:43 he had just returned from Hawaii from the exile. And of course, no one was talking to him in the
10:49 UP College of Law because, you know, UP is UP. So I thought, I really don't care who you are,
10:53 for as long as you're a good person, I'll talk to you. So I gambled. It was a gamble because,
10:58 of course, you could be unpopular talking to all of this in UP Diliman. But I don't care less. And
11:04 I found him to be personable enough. And, you know, I would say I became friends with him.
11:08 A lot of people say he's funny. He's very personable. He's very likable.
11:11 He's very sociable. But the things that are happening now are completely unexpected.
11:17 I did not expect that he had this personality, that he would want the position of president or
11:23 chief executive of the country so badly, so early. To the extent that, you know, in the campaign,
11:28 and I joined the Campaign of Unity team, he was there at every rally and his only chore
11:34 was to introduce the vice president. And look what happened now. He's the number one nemesis
11:40 of the vice president. So it makes you wonder, really. Maybe they say, well, anything is possible
11:44 in politics, but it makes you really wonder what happened, no? What happened? And until now,
11:50 I can't find the answers. And if we assign these developments as purely political, going back to
11:56 SM&I, do you think this is a phase that will pass maybe after the critical time has gone? I mean,
12:04 the election of 2025, 2028, or is this, do you think a more long-term challenge that's facing
12:12 this network, and in a sense, Philippine press freedom in general? Well, of course, what they
12:19 did to us is an outright suppression of freedom of the press and freedom of expression. No doubts
12:25 about it. Let's not even discuss why. Because the Constitution says that the guarantee of freedom
12:30 of expression is number one, a guarantee against prior restraint, censorship, and number two,
12:37 is subsequent punishment. And of course, in the case of SM&I, they did both. They had prior
12:43 restraint because they suspended us without according us opportunity to be heard, which is
12:48 also denial of our due process rights. And secondly, we're being punished for daring to question
12:53 whether or not it is true that the travel expenses of the speaker has amounted already to an
12:59 extent of a billion. That was a question, but we have to go on break. But let me just ask this
13:04 question real quick. A lot of people are saying that, in a sense, SM&I is being hypocritical
13:08 because when ABS-CBN was facing its problems with its franchise in Congress, there were some people
13:16 who said that SM&I had supported that. But now that SM&I is going through a period of difficulty
13:23 that it all of a sudden is crying press freedom, do you think there is legitimacy to that criticism?
13:29 Forgive the language, but that's horse crap. Why? Because ABS-CBN's franchise had lapsed.
13:36 It no longer had the privilege to broadcast. We have that privilege, and jurisprudence says,
13:42 particularly in Danz, that even if government has more leeway or more control over broadcast media
13:49 because they own the airwaves, still, freedom of expression and freedom of the press take precedence
13:56 over any regulatory concern that government may have. In fact, the current jurisprudence is any
14:02 suppression of freedom of expression comes to court with a very, very heavy presumption of
14:07 unconstitutionality. It's for government to justify the suppression.
14:11 [silence]
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