NTC commissioners asked to inhibit from SMNI case

MANILA, Philippines — Lawyers of Sonshine Media Network International yesterday asked National Telecommunications Commission (NTC) Commissioner Ella Blanca Lopez and her two deputies to refrain from presiding over the case against SMNI.

In a motion to inhibit filed by SMNI lawyers Rolex Suplico and Mark Tolentino before the commission, they accused the NTC of acting as “the judge, complainant and executioner.”

Also asked to inhibit from hearing the case against Swara Sug Media Corp. were Deputy Commissioners Jon Paulo Salvahan and Alvin Bernard Blanco.

Suplico noted that that House of Representatives adopted House Resolution No. 1499, sponsored by Rep. Margarita Nograles which urged the NTC to suspend operations of Swara Sug Media under the business name SMNI, for allegedly violating the terms and conditions of its franchise under Republic Act 11422.

He added that on Dec. 12, NTC received a copy of HR 1499 and on Dec. 19, it issued a show cause order with a 30-day suspension against SMNI.

“On its face, the show cause order suffers from a fatal flaw. NTC is the judge, NTC is also the complainant, and NTC is likewise the executioner. This is comparable to a judge, who had filed a case in his own court, which he himself will execute,” the motion read.

According to Suplico and Tolentino, Lopez, Salvahan and Blanco should immediately inhibit themselves from hearing the case.

“If they insist on holding on to this kind of questionable arrangement that we believe is absolutely unjustifiable, we have no choice except to study the filing of cases against them, for which they may be held liable and accountable,” they added.

SMNI has asked the Court of Appeals to stop the NTC from implementing the 30-day suspension that the NTC imposed on the network for alleged franchise violations.

Suplico and Tolentino filed a petition for certiorari, asking for a temporary restraining order on the NTC order, which was issued on Dec. 21 and was immediately executory.

In the petition, SMNI said the order violated several provisions of the Constitution, including the right to due process and freedom of speech as well as the separation of powers.