SMNI legal counsel breaks down grounds for suspension | Business and Politics - video Dailymotion

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SMNI legal counsel breaks down grounds for suspension | Business and Politics  SMNI legal counsel Mark Tolentino breaks down the grounds for the network's suspension: propagation of false information or fake news, violation of the franchise by giving shares of stock to one person in the absence of Congress’ approval and failure to give a public offering of at least 30 percent.  Subscribe to The Manila Times Channel - https://tmt.ph/YTSubscribe   Visit our website at https://www.manilatimes.net   Follow us:  Facebook - https://tmt.ph/facebook  Instagram - https://tmt.ph/instagram  Twitter - https://tmt.ph/twitter  DailyMotion - https://tmt.ph/dailymotion   Subscribe to our Digital Edition - https://tmt.ph/digital   Check out our Podcasts:  Spotify - https://tmt.ph/spotify  Apple Podcasts - https://tmt.ph/applepodcasts  Amazon Music - https://tmt.ph/amazonmusic  Deezer: https://tmt.ph/deezer  Stitcher: https://tmt.ph/stitcher Tune In: https://tmt.ph/tunein  #TheManilaTimes #SMNIBusinessandPolitics

Transcript

00:00 Before I leave the topic of the house, can you just explain to me

00:03 What came out of that committee there was of course that resolution from?

00:07 Congresswoman makes yes

00:10 The resolution is based on three grounds. Okay first base. They said that

00:15 SMNA practice

00:17 Intentional for giving false information meaning fake news. Okay second

00:23 We give some of our shares of stocks of SMNA corporation that's our soup corporation to another person

00:30 without giving consent to Congress and that is in violation of the franchise and

00:35 Third we fail to give public offering up to 30% to our shares to the public

00:40 So I have to answer that one by one. Okay, second second with respect to the giving false information

00:47 Okay, that is absolutely wrong. Okay. We are here to give to share what is what is true

00:53 What is what is the reality we give we are not you are not giving any fake news here

00:58 But actually we give what is what is the truthfulness of any news?

01:02 Oh, but one thing you think that that is there is certain

01:06 irregularity or there's there's certain

01:09 Errors in our news granting. Yeah still that is covered by the freedom of press and freedom of expression

01:16 Guaranteed by the Philippine Constitution

01:19 Before we leave that first ground. I think the criticism of people against SMNA I particularly that that show of Kaerick

01:27 Is that it's about red tagging? Yeah. Yeah, right. Do you think there's some legitimacy legitimacy there or is it?

01:35 The right of the host to express opinion. Well, what do you say?

01:39 There is no legal principle about red tagging under Philippine law. Okay, so there is not that red tagging principle

01:45 What about what about defamation? I mean, there's a defamation of course freedom of press and freedom of expression is not absolute

01:52 Okay, there are certain limitation. But if you talk about

01:55 Topics that involves public interest

01:58 Okay

01:58 If you want to criticize a public officials that is part of the freedom of press freedom of expression in the exercise of their

02:06 Function as a public official that's why there is a jurisprudence in the Philippine Kong in a Philippine Supreme Court

02:12 That says that public officials should not be on your skin

02:15 Okay, should we subject they expect to be subject to public criticism and public ridicule?

02:21 Well, yeah, they're not supposed to be on your skin

02:23 But that's precisely what we're seeing now or maybe you can say that it's not being on your skin, but maybe

02:29 One viewpoint could be that there is a political agenda in motion right against us. You know that that

02:36 unfortunately

02:38 Has drawn in SMNI. Yeah, can you go to the second point the second ground?

02:43 The second ground they said they said we we transfer shares of stocks

02:48 Okay, Oh, so I assume media corporation of SMNI to another person. Okay, it's not correct

02:54 Okay, because certain shares of Swarovski media corporation is under the kingdom of Jesus Christ

03:00 Okay, the religious organization

03:03 Apollo KB Lloyd headed by you

03:06 Used to be headed by Pastor Apollo. Okay, Lloyd

03:09 Because that kingdom Jesus Christ is a corporation soul. That is not a regular corporation

03:16 Where's the corporation soul it is a corporation?

03:19 One person corporation like a one person corporation headed by one person

03:24 Okay

03:25 It's like a the Archbishop of Manila Archbishop of Iloilo the kingdom of Jesus Christ that

03:32 Organization is a corporation soul. So in they they show us a

03:37 certain document that the

03:40 The kingdom of Jesus Christ leadership is was transferred from Pastor Apollo C. Kimberley to brother Marlon a cobo

03:48 So according to the congressman that there's transfer of shares

03:52 Because there is transfer of leadership from Pastor Apollo C. Kimberley to brother a cobo

03:59 That is absolutely wrong. There is no transfer. There was no transfer of shares. There was only

04:05 change of leadership

04:07 Change of leadership is different change of leadership is different from from transfer of ownership

04:14 There was no transfer of ownership because kingdom of Jesus Christ headed by Pastor Apollo C. Kimberley before is the same

04:22 Kingdom of Jesus Christ headed by brother Marlon a cobo

04:26 Okay, I've heard you make this argument on other networks before yes, because the leader the leader king

04:32 The leader is like a trustee. Yes, he is not the owner

04:36 Yes of kingdom of Jesus Christ or the properties of kingdom of Jesus Christ their trustee meaning in Tagalog

04:42 Peter cutting wallah, sure the pastor Kimberley or knee or knee brother a cobo

04:47 You properties of kingdom of Jesus Christ

04:49 But for those who don't know can explain to us the structure because I'm you know for those again

04:53 Yeah, we're not familiar with the law

04:56 The does the kingdom of Jesus Christ exist as a separate

05:00 Corporate entity or she said corporation soul or a corporation soul. Okay, and then

05:04 The swatha sook which owns SMNI is a for-profit

05:09 Entity no, no

05:11 Or is it one one entity? So our assume media corporation?

05:15 They said so our so we're operating so our soon but our our corporation is SMNI

05:20 They said that we we least we borrowed the franchise of a source. Oh, that is not correct. Okay, SMI

05:26 SMNI is a what they call trademark

05:31 Name of source. So what is the corporation? So our soul media corporation?

05:37 Okay, but we are doing business under SMNI

05:41 I say when I is a trade name of so our assume media corporation and what is wires through media corpse?

05:48 Relationship with the kingdom of Jesus Christ, which is a how is it organized?

05:52 Is it does the kingdom would does so our so media corporation?

05:56 There are certain share owned by the kingdom of Jesus Christ

05:59 Okay, executive pastor of the kingdom controlling share supermajority not supermajority. I think there my 40% 40% shares

06:07 Okay, so so that is the head before was pastor Apollo C. Kiboloy

06:13 Okay, but now the head of Kingdom of Jesus Christ meaning the the leader now, of course

06:19 The founder is pastor Apollo C. Kiboloy. But the leader now is brother Marlon Jacobo

06:24 So they said that there was change of ownership from pastor Apollo C. Kiboloy to brother Marlon Jacobo

06:30 That is not correct because they are just as trustee of

06:33 Kingdom of Jesus Christ. They are not the owner of the properties of kingdom of Jesus Christ and that is different

06:40 What was transferred allegedly transferred?

06:43 She has asked they said she has of stocks on what company to do or for what entity to what and the kingdom of Jesus Christ

06:49 Okay transferred the shares of pastor Apollo Kiboloy transferred to the Marlon Jacobo. That is not correct

06:56 Okay, because my understand brother Marlon Jacobo and pastor Apollo C. Kiboloy

07:00 They are the trustee of the properties of kingdom of Jesus Christ

07:04 So you say that 40% or so is owned by the kingdom of Jesus Christ?

07:08 And what only change is the I suppose the leader of that of that church. Yes. Yes. Yes

07:13 So that the owner is still the kingdom of Jesus Christ. Yes

07:15 So who are?

07:18 Who are the other owners who are the owners of the 60%? I for there are many person involved there. Okay, so there there's also

07:25 Cooperatives, okay, so there are also individuals I suppose all associated or somehow link. Yes. Yes. Yes the kingdom describes but

07:34 what of their allegation now that

07:38 That you know the shares of water so should be publicly floated or publicly traded we are on the process of doing it

07:45 So in fact the the law requires under the franchise of SM and I 30%

07:51 Share should be given to public offering. We are on the process of doing it

07:57 In fact one percent plus was already owned by a cooperative

08:02 Okay of the workers of the kingdom of Jesus Christ. That's another cooperative

08:06 So the law if you read the franchise law

08:09 It never mentioned that it should be given within one year or within two years

08:14 I was gonna ask that is there a time table that was no time stated in law

08:19 There was no time table, but we are on the process of complying with that requirement of the 30%

08:25 So so in fact, there is a presumption of good faith to the part of SM and I so

08:31 So they said that we are in bad faith

08:33 We violate the law if they if that is their allegation prove it in a proper forum

08:38 We believe that SM and I is in good faith. We complied it

08:42 We are on the process of complying complying the public offering requirement of SM and I but if Congress

08:50 Throws it back at you and says, okay

08:52 Why don't you prove that there was you know?

08:56 This process is what what can it what what can what what what can be shared with Congress first to back up that statement?

09:03 You were in the process of first the one person class was already given to the

09:08 Cooperative, okay, the cooperative then after that

09:12 We are on the process of completing the 30%

09:16 Okay, but now out of the 30% one press one percent plus was already

09:21 Transferred to the workers cooperative. Okay, I think just to clarify for people are not familiar here

09:26 Are you saying that you were in the process of making?

09:29 Swatershoek a public corporation or a publicly traded corporation because there are two different things, right?

09:37 So you could be you could be public but not traded. Yes, right, but you could be public but traded

09:42 According to the franchise law it because only the 30% public offering meaning given it should be given to the public the 30%

09:50 Offer to the public the 30% so it doesn't it doesn't say listing. Yeah. No, no. Okay. Yes

09:55 Yes, so so that is the 30% requirement and we are on the process of complying that 30% but it are other

10:02 Notes of meetings that we can show to we can present Congress that okay

10:07 This was our discussion. We already had original timetable

10:11 we already informed Congress to a letter that certain percentage was already given to a

10:17 Corporate team and we are in in compliance with that requirement. Okay now, okay the third ground

10:23 So that is a third gun. So first ground is that they said intentional fake news

10:28 Okay, second girl is transfer of sheer

10:30 Okay without the consent of Congress and third ground is the violation of the requirement of public offering

10:36 You mentioned that there was a bill filed there was a bill filed. So you're expecting more hearings in the house

10:42 Yes, yes. Yes. Have you had a chance to review it? What is the grounds for?

10:47 the same ground about about violation a less violation of the

10:52 franchise so they want to amend the law if they can do that they need a

10:59 confirmation from the House of Senate because the House of

11:03 the Congress of the Philippine Constitution is not only about House of

11:08 Representative but also includes the House of Senate for the furnace from the upper chamber. So

11:15 What would be the procedure that brings obviously it will have to go through committee and several readings and finally the plannering

11:22 All right. Yes after that

11:24 Submit that to the Senate. I suppose there will be public hearings as well. Yes. Yes. Yes like that

11:28 So it will take time. So but we are the legal team of SMNI

11:32 We are ready and prepared to defend SMNI because the our fight is not only about SMNI

11:38 The our advocacy is not only to protect SMNI but to protect the freedom of press and freedom of expression

11:45 Guaranteed under the Philippine Constitution because if you read link the jurisprudence of the Philippine Supreme Court

11:52 The freedom of press and freedom of expression is one of the highly protected

11:58 highest

12:01 Constitutional right in fact if there is a law or there is a resolution or order of any

12:07 Government agency that affects freedom of press and freedom of expression. They are presumed

12:13 unconstitutional so therefore

12:16 government agencies should present evidence that that is constitutional if they cannot present evidence the

12:22 presumption will prevail and the presumption is that the order of

12:26 NTC is unconstitutional the order of NTRCB is also unconstitutional

12:31 Now I asked attorney rocket is when we had him over for for the show last week

12:37 And I was suggesting that this is not really about SMNI

12:40 Yes, that they know this that this may be really about politics and that SMNI is merely collateral damage

12:46 What's your view on that? We are talking this is partly politics

12:49 So I'm not talking partly or largely politics partly politics because our fight is not only

12:55 partly politics partly legal

12:58 But if you in reality if you ask the Filipino people this is largely politics

13:03 Okay, so largely party and it all started when Eric questioned the 1.8 billion

13:10 Peso travel fund of the office of the speaker that all that is the history that is the start of the fight of

13:18 SMNI do you think that was a start or that was merely just the

13:21 the reason for looking but but behind that is politics behind that is politics maybe the

13:29 issue of for the 2028 presidential election, so it's too early to

13:33 To preempt but based on my personal opinion

13:37 This is this this fight of SMNI is about the 2028 presidential election

13:43 you

13:45 You

13:47 You

13:50 You

13:52 [BLANK_AUDIO]

SMNI legal counsel breaks down grounds for suspension | Business and Politics

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