NTC commissioners asked to inhibit from SMNI franchise case
MANILA, Philippines — Suspended network Sonshine Media Network International (SMNI) asked the National Telecommunications Commission to direct its commissioners to inhibit from the network's franchise violation case.
In a six-page motion filed by SMNI’s lawyers before the NTC on Thursday, they said that the regulatory commission’s “impartiality” being both the “complainant and judge” violates due process of law.
“Appearance of impartiality can never be obtained with the dual function of this Honorable Commission, that being the judge and complainant at the same time. With this, the respondent cannot expect an impartial judgment from this Honorable Commission as judge and complainant,” SMNI’s motion read.
“Wherefore, premises considered, it is respectfully prayed that: This Honorable Commission in the persons of the Honorable ELLA BLANCA B. LOPEZ, Commissioner; JON PAULO V. SALVAHAN, Deputy Commissioner; and ALVIN BERNARDO N. BLANCO, Deputy Commissioner from taking any further action on this administrative case and inhibit themselves,” it added.
SMNI also asked the NTC to give the network an additional 15 days to respond to the case.
In an interview with reporters, lawyer Mark Tolentino, one of SMNI’s legal counsels, said that if the commissioners decide to inhibit from the network's case, the Department of Justice can assign another body to hear the case.
“Due process dictates the gold neutrality of an impartial judge and must appear to be impartial. So hindi lang sila (not only) impartial but must appear to be impartial. And we cannot expect due process in this office,” Tolentino said.
“The NTC is the judge, the NTC is the complainant, the NTC is the executioner. We cannot expect justice from the NTC,” Rolex Suplico, another lawyer of the SMNI, also said in an interview with reporters.
Based on NTC’s mandate, however, it is tasked to regulate, supervise and adjudicate the country’s radio, telecommunications and broadcast. Among the cases it is handling franchise cases.
Last December 21, the NTC slapped a 30-day suspension on SMNI, a network owned by one of FBI’s most wanted Apollo Quiboloy, whose hosts are also known for red-tagging, from airing in compliance with Resolution 189 approved by the House of Representatives (HoR).
According to the House Resolution, the HoR said that the Quiboloy-owned network deliberately spread false information; transferred shares without the approval of Congress and the network failed to offer at least 30% of its outstanding stock.
SMNI has also submitted a petition before the Court of Appeals on Dec. 28, 2023, asking the high court to halt NTC’s suspension of the network.
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