Metro Manila (CNN Philippines, January 11) — Sonshine Media Network International (SMNI) on Thursday asked regulators to detail its violations and reconsider the suspension of its two programs.
SMNI filed a motion for a bill of particulars before the National Telecommunications Commission (NTC), asking the agency to explain its violations on its Certificate of Public Convenience (CPC).
On Dec. 19, the NTC issued a show cause order and suspended SMNI for 30 days in response to a House of Representatives resolution calling on the regulator to act on allegations involving House Speaker Martin Romualdez aired on SMNI.
The network said NTC’s order \”did not specify the violations, by the respondent, of its Certificate of Public Convenience.\”
\”As such, the respondent cannot intelligently file a responsive pleading without first being informed of the charges against it,\” it added.
Aside from a congressional franchise, a radio or television network must also have a CPC, an authority provided by the NTC to applicants it deems capable of delivering public service in the promotion of public interest.
In a statement, the NCT said it is “objectively studying” SMNI’s motions.
“[The NTC] shall proceed to consider and resolve the same in adherence to the provisions of NTC’s Rules of Procedure, and tenets of fair play and due process,” it said.
Last week, SMNI also asked the NTC to inhibit its three commissioners from further acting on the case.
READ: SMNI asks regulators to inhibit in franchise violation case
MTRCB motion
SMNI also asked the Movie and Television Review and Classification Board (MTCRB) to reverse its decision to suspend “Gikan Sa Masa, Para Sa Masa” hosted by former president Rodrigo Duterte as well as “Laban Kasama ang Bayan” hosted by former government anti-communist task force spokesperson Lorraine Badoy and Jeffrey Celiz.
“Ang argument natin number one, freedom of press, freedom of expression, and of public issues. We have the right to be informed of the nature and cause of the accusation so yun yung basis natin,” said Mark Tolentino, SMNI legal counsel.
[Translation: Our primary argument is freedom of press, freedom of expression, and of public issues. We have the right to be informed of the nature and cause of the accusation so that is our basis.]
Tolentino said the MTRCB order may be “presumed unconstitutional” since it restricts freedom of expression.“May [There is a] Supreme Court jurisprudence kasi na [that] any rulings, resolution ng government agency that affects freedom of expression they are presumed unconstitutional,” he said.
“Kung hindi sila makapresenta ng [If they cannot present] clear and present danger rule as basis for their ruling, the presumption will prevail. And the presumption is, the ruling of MTRCB are presumed unconstitutional,” Tolentino added.
The MTRCB acknowledged SMNI’s motions for reconsideration, saying the network has a right to file such.
\”We will thoroughly review SMNI’s motion for reconsideration in strict accordance with our functions and responsibilities as mandated by Presidential Decree,\” it said.
The MTRCB previously said complaints were filed against \”Gikan Sa Masa, Para Sa Masa\” over Duterte’s profane language and death threats against ACT Teachers party-list Rep. France Castro.
Duterte said he wants to “indirectly” talk to President Ferdinand Marcos Jr. about why his program was affected by the investigation into SMNI’s alleged violations, saying he does not recall “severely” criticizing anyone in the government.
“Laban Kasama ang Bayan” was also brought to the attention of the MTRCB after Celiz claimed on air that Romualdez spent ₱1.8 billion for travels in 2023. The host admitted during a House hearing that the information from his Senate source was unverified.
