SMNI appeals case before NTC, MTRCB

The Sonshine Media Network International (SMNI) on Thursday filed pleadings before the National Telecommunications Commission (NTC) and the Movie and Television Review and Classification Board (MTRCB) in connection to the suspension of its operation and programs.

Before the NTC, SMNI lawyers Mark Tolentino and Rolex Suplico filed a motion for Bill of Particulars where they asked the NTC to specify and detail the violations of its Certificate of Public Convenience and to attach the documentary evidence.

“The order of 19 December 2023 did not specify the violation, by the respondent, of its Certificate of Public Convenience, which is within the purview and jurisdiction of this Honorable Office,” SMNI said.

“As such the respondent cannot intelligently file a responsive pleading without first being informed of the charges against it, particularly its violation of its Certificate of Public Convenience,” it added.

In December, the NTC imposed a 30-day suspension on the operations of the SMNI over reported violations of the terms and conditions of its franchise. The network was given 15 days from receipt of the order to show cause and explain in writing why it should not be administratively sanctioned.

This came after it received a copy of a resolution from the House of Representatives citing three violations allegedly made by SMNI — deliberately disseminating false information, the transfer of shares without prior Congressional approval, and failure to offer at least 30% of its outstanding stock.

“Inadopt nila ang resolution ng House of Representatives. However, magkaiba ‘yun. ‘Yung resolution ng House of Reprsentatives, ginawa po ‘yun pursuant sa kapangyarihan ng House para mag conduct ng inquiry in aid of legislation,” Suplico said in an ambush interview.

(They adopted the resolution of the House of Representatives. But that is different. The resolution of the House of Representatives was made pursuant to its power to conduct an inquiry in aid of legislation.)

“Itong kaso na dala ng show cause order, na trigger naman ng pagtanggap nila ng House resolution. ‘Yung kaso na ‘yun po quasi-administrative case ‘yun, dito sa NTC,” he added.

(The case that was borne from the show cause order was triggered after they received the House resolution. This case is a quasi-administrative case here in the NTC.)

Earlier, SMNI asked NTC Commissioners Ella Blanca Lopez, Deputy Commissioner Jon Paulo Salvahan, and Deputy Commissioner Alvin Bernardo Blanco to inhibit themselves in the case.

SMNI argued that the dual position of the NTC violates due process.

“A reading of the caption of the case will show that it is indeed this Honorable Commission, in the exercise of its quasi-judicial powers, which will ultimately rule and decide on the show cause order. In the same breadth and manner, it is also this Honorable Commission which is the complainant against the herein respondent,” the motion read.

MTRCB motion

Meanwhile, before the NTC suspension, the MTRCB suspended two SMNI programs — Gikan sa Masa, Para sa Masa and Laban Kasama ang Bayan — for 14 days starting Dec. 18, 2023.

On January 3, the MTRCB issued a decision that found that SMNI violated Presidential Decree 1986 and its Implementing Rules and Regulation, imposing a penalty suspension of 28 days.

Due to this, SMNI filed two motions for reconsideration for both shows before the MTRCB.

“Wherefore, considering all the foregoing, it is respectfully prayed of this Honorable Office that the decision dated 03 January 2024 be reconsidered and set aside and that the suspension for a period of 28 days inclusive of the 14 days preventive suspension period be lifted,” it said.

According to SMNI, the suspension violates the right to freedom of speech, freedom of expression of the press, and due process of law.

In a separate ambush interview, Tolentino said that should the motion for reconsideration be dismissed, they would file an appeal at the Office of the President.

When sought for comment, the MTRCB said it acknowledged the receipt of the motion.

“It is within SMNI’s rights to file such a motion. This is part of the due process afforded to all entities dealing with our office. We will thoroughly review SMNI's motion for reconsideration in strict accordance with our functions and responsibilities as mandated by Presidential Decree 1986,” the MTRCB said in a statement.

Meanwhile, the NTC said it would also issue a statement on the SMNI’s motion. —VAL, GMA Integrated News