The Sonshine Media Network Inc. (SMNI) is taking steps to appeal its suspension after the motion for reconsideration it filed before the Movie and Television Review and Classification Board (MTRCB) was denied. In an interview with The Manila Times, Mark Tolentino, one of SMNI’s lawyers, shared that the network’s legal team is keen to understand the stance of President Ferdinand Marcos Jr., as the MTRCB falls under the Office of the President.
In December, the MTRCB provisionally suspended two SMNI shows, namely “Laban Kasama ang Bayan” and “Gikan sa Masa, Para sa Masa,” which is hosted by former president Rodrigo Duterte. This was followed by the National Telecommunications Commission (NTC) suspending the channel from airing for 30 days, citing violations of its congressional franchise.
Tolentino revealed that SMNI’s counsel requested the MTRCB to recuse itself from the case prior to filing a motion for reconsideration. The network claimed that the board was assuming the roles of judge, complainant, and executor in their case.
Additionally, Tolentino, who also hosts the program “Pinoy Legal Minds” on SMNI, mentioned that the network is appealing the NTC’s suspension of its television airing. The legal team argues that due process was denied in this decision.
“We filed a motion for reconsideration with the NTC because they indefinitely suspended the operations of SMNI,” Tolentino explained. “In our motion, we argued that there was a denial of due process.” He further stated that they submitted a Bill of Particular before the NTC, as the alleged violations were not clearly specified.
Tolentino emphasized that the NTC should provide SMNI with the opportunity to explain why they should not be suspended. He added, “There should be due process of law, especially considering that there is a jurisprudence stating that any order that affects the freedom of the press is presumed unconstitutional.”
The legal team also petitioned for a certiorari before the Court of Appeals (CA), but the petition was denied on the grounds that SMNI should first file a motion for reconsideration before the NTC.
Regarding the MTRCB ruling, Tolentino clarified that if the Office of the President supports the legal team’s position, the network will still remain off-air primarily due to the NTC’s decision. He stated that the NTC’s decision can be appealed before the CA.
Tolentino assured that the SMNI case is not yet final and executory, as the suspension is temporary and indefinite. The network has various legal remedies available to pursue, and the appellate court can issue a temporary restraining order to revoke the suspension at any time.
SMNI’s legal team comprises notable figures such as former Palace spokesmen Salvador Panelo and Harry Roque Jr., as well as former Iloilo 5th District representative Rolex Suplico.
Since December, SMNI has been off the air, awaiting resolution on its suspension. The network is determined to challenge the decisions made by the MTRCB and NTC, seeking clarity on the alleged violations and advocating for due process in the proceedings.
Source: The Manila Times
