THE Sonshine Media Network International (SMNI) requested the removal of three officials of the National Telecommunications Commission (NTC) from handling the administrative case that they also filed against the network.
This was after the presence of SMNI lawyers Atty. Mark Tolentino and Atty. Rolex Suplico at the NTC hearing this Thursday morning related to the 30-day preventive suspension and issuance of the show-cause order.
Tolentino and Suplico are seeking to inhibit NTC Commissioner Ella Blanca Lopez and two Deputy Commissioners Jon Paulo Salvahan and Alvin Bernard Blanco.
The lawyers stressed that the independence and impartiality of the said officials is questionable because they filed a complaint against SMNI, they will also be the ones who will litigate and they will be among those who will decide the fate of the network.
Suplico and Tolentino said that in this kind of set-up, there will be no justice for SMNI.
“In this case, they are the complainants. They are the judge. So, how can we expect justice? And part of due process is a cold neutrality of an impartial judge. And second not only impartial but must appear to be impartial,” according to Atty. Mark Tolentino, Legal Counsel ng SMNI.
“It’s like a judge who filed a case and the case is in his court. Do you have anything against that?,” according to Atty. Rolex Suplico, Legal Counsel ng SMNI.
“In short, we cannot expect justice from the NTC in this case. The NTC is the judge. The NTC is the complainant. The NTC is the executioner. We cannot expect justice from the NTC,” Suplico added.
The lawyers added that it is not clear what complaint or violation was committed by the SMNI to be suspended by the NTC.
“No complaints. We do not know what violation so we can answer. So that’s why we are studying what possible pleadings we will file,” Tolentino added.
On December 21, 2023, the NTC suspended the SMNI’s operation on radio and television.
This was after the House passed the resolution filed by PBA Party-list Rep. Margarita Nograles urging the NTC to suspend the network due to alleged violations.
Something that for SMNI is unacceptable especially since the network was not given the opportunity to explain and respond to the NTC’s show cause order before the suspension was imposed.
After the NTC issued a show cause order for the network, it immediately issued a suspension order that is immediately executory.
It appears that even before the NTC’s hearing on the allegations, it issued an immediate punishment to the network
SMNI lawyers recently went to the Court of Appeals (CA) to complain about the NTC.
The network filed a certiorari and mandamus with an attached appeal asking the CA to issue a Temporary Restraining Order (TRO) and Preliminary Injunction to stop the implementation of the suspension order.
At the time that the three NTC officials inhibit, it is possible that the case will be referred to the Department of Justice (DOJ).
In the event that NTC rejects SMNI’s motion, this is the response of the lawyers.
“We will file the possible pleading. Maybe we will file a motion for reconsideration and go to the higher court for on the ground that there is grave abuse of discretion amounting to lack or excess of jurisdiction,” Tolentino stated.
“I don’t see anything that they won’t inhibit. Because it’s right here staring in your face. It is evident. I don’t know why they didn’t notice it. Here. The court, NTC. Complainant, NTC,” Suplico said.
The lawyers emphasized again that what the NTC is doing may have a chilling effect on other journalists in the country.
