MANILA - Sonshine Media Network International (SMNI) has asked 3 officials of the National Telecommunications Commission (NTC) to inhibit from its case before the NTC, saying the “dual function of the commission as judge and complainant” in SMNI’s case raises issues in the commission’s appearance of impartiality.

In a motion filed before the NTC on Thursday, SMNI legal counsels Mark Tolentino and Rolex Suplico said the NTC, particularly Commissioner Ella Lopez, Deputy Commissioner Jon Paulo Salvahan and Deputy Commissioner Alvin Blanco, “should be disqualified from hearing and rendering judgment in this administrative case”.

“The respondent cannot expect an impartial judgment from this Honorable Commission as judge and complainant. It is naturally expected that the ruling of this Honorable Commission will always be in favor of the complainant, which is also itself,” SMNI’s motion stated.

"May violation ng due process. Kasama sa due process, kailangan may impartial judge. Hindi lang impartial but must appear to be impartial… In this case, ang judge National Telecommunications Commission, ang complainant also National Telecommunications Commission...Paano makuha ang justice kung ang complainant sila, ang judge sila rin, ang mag-implement ng decision sila rin?” Tolentino told ABS-CBN News in an interview.

"Kung mag-inhibit sila, ‘yung kaso will be referred to the DOJ, and then the DOJ will form a task force, with respect to this case. Kasi kung mag-inhibit silang tatlo, wala nang maiwan sa NTC, so under the rules ng NTC, the DOJ will be the one to decide...'Pag i-deny nila (‘yung motion to inhibit), may option pa tayo. Pwede tayong mag-file ng motion for reconsideration, and up to the filing of certiorari to the higher courts like the Court of Appeals, up to the Supreme Court,” he explained.

But House Committee on Legislative Franchises Chairperson and Paranaque 2nd District Rep. Gus Tambunting sees no valid ground for the NTC officials to inhibit themselves from SMNI’s case.

“The National Telecommunications Commission (NTC) is an independent agency. As of now, the NTC has not reached any conclusions as the investigation is still pending. The NTC will independently exercise its powers and responsibilities pursuant to its mandate,” he said in a message.

“At this time, we are not aware of any valid ground for the NTC Commissioners to inhibit themselves, as there is no factual basis to suggest that the NTC has been unduly influenced by the House of Representatives in adopting any resolution,” Tambunting added.

ABS-CBN News tried to get NTC’s comment on the issue, but it has yet to respond.

Last December, the NTC issued a 30-day suspension order against SMNI, based on a resolution of the House of Representatives accusing SMNI of violating certain provisions of its franchise. The lower house, in its hearings, found that the network violated its franchise thrice with its alleged failure to obtain congressional consent for the change of ownership of its shares of stock, alleged failure to distribute 30 percent of its ownership to the public, and failure to fulfill its responsibility to the public when it allegedly spread misinformation and threats. SMNI’s camp previously denied violating its franchise, adding that if there were indeed violations, the network should be given a chance to rectify it.

The NTC also issued a show cause order asking SMNI to explain within 15 days “why it should not be administratively sanctioned for alleged violation of the condition of its authorities to comply with all the laws, rules and regulations of the land".

SMNI requested for a 15-day extension to file their answer, but Tolentino said the Commission granted only additional 10 days.

Last December, SMNI also asked the Court of Appeals to stop the NTC from implementing the 30-day suspension, by seeking for a temporary restraining order. While the court has yet to issue a TRO, SMNI continues to operate in the digital space, while it is absent from the broadcast space.

• SMNI says NTC suspension order violated due process
• SMNI asks Court of Appeals to stop NTC’s 30-day suspension order

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