PASTOR Apollo Quiboloy’s Sonshine Media Network International suffered a huge legal setback this weekend.
SMNI’s petition that sought to nullify the suspension order made by the National Telecommunications Commission was dismissed by the Court of Appeals in a resolution issued last January 4.
The appellate court apparently did not waste its time discussing the merits of Quiboloy’s petition. It was junked because the NTC was not given the chance to correct its alleged errors via a motion for reconsideration.
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Was it advisable for SMNI to go directly to the Court of Appeals?
The rule is that a motion for reconsideration is an indispensable condition to the filing of certain special civil actions like a petition for certiorari. The petitioner should first call the attention of the body it is petitioning against so that it can correct the errors it may have committed in its decision.
In its ruling, the CA said that SMNI did not give the NTC the opportunity “to rectify whatever error it may have made or to address the ascription and aspersion of grave abuse of discretion thrown at it by petitioners.”
The failure to file a motion for reconsideration with the NTC was ruled to be a fatal error.
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There are several exceptions to this rule. For example, a motion for reconsideration is not necessary where the issue raised is one purely of law or where public interest is involved.
Nonetheless, the CA stuck to the pervading rule saying that petitioners “may not arrogate to themselves the determination of whether a motion for reconsideration is necessary or not.”
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Did this setback prompt former President Rodrigo Duterte to “indirectly communicate” to President Ferdinand Marcos, Jr. his misgivings on SMNI’s suspension?
Last Saturday Duterte appeared at a press conference to say that his SMNI show “Gikan sa Masa” was affected by the suspension even when he has not directly attacked the President.
“As far as I’m concerned, I have not crucified him, not even criticized him severely, maybe commented on the directions of the government,” Duterte said.
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The normally ballistic Duterte meekly announced at least three things: his appeal for SMNI, repudiation of destabilization moves attributed to him, and disavowal of a visible smear campaign against President Marcos over his alleged drug use.
Are these attempts at reconciliation with the administration intended to frustrate the investigation being conducted by the International Criminal Court and salvage the cabinet position of daughter Vice President Sara?
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Judicial temperament has been tested. Relief from local courts against Philippine cooperation respecting ICC processes might not be forthcoming for people who implemented the war on drugs when they were in power.
The Supreme Court has spoken on the issue. It will be difficult for lower courts to deviate from the decision rendered by the highest court in the land.
Duterte’s sudden shift to sycophancy might just dissuade the executive department from pursuing a course of action that can sink one of the most enduring political dynasties in the south.
Question is, will it work?/PN
