The Court of Appeals (CA) has rejected the plea filed by Sonshine Media Network International (SMNI), a pro-Duterte and pro-China media entity, challenging the 30-day suspension order issued by the National Telecommunications Commission (NTC).

The decision, disclosed on Sunday but promulgated on January 4th, marks a setback for SMNI’s attempt to halt the suspension, alleged to be linked to violations of franchise terms.

This development may favor the Romualdez-led Congress but prove unfavorable for the country’s self-styled opposition network, as it will serve as a litmus test for the political landscape when an appeal is initiated, determining whether the Supreme Court, packed by the previous Duterte administration, will align itself with Duterte camp’s position.

The CA’s 14th Division, in a five-page resolution, dismissed SMNI’s petition for certiorari and mandamus, along with the application for a temporary restraining order and/or preliminary injunction.

The petition was submitted by Swara Sug Media Corp., the business entity behind SMNI, led by their legal representative, Rolex Suplico.

According to the court, SMNI failed to exhaust all available remedies before seeking judicial intervention.

The CA emphasized that SMNI must demonstrate the absence of any “plain, speedy, and adequate remedy in the ordinary course of law” before resorting to extraordinary legal measures.

The court stated, “Petitioners may not arrogate to themselves the determination of whether a motion for reconsideration is necessary or not.”

The CA also highlighted that SMNI neglected to file a motion for reconsideration with the NTC before initiating the petition for certiorari, prohibition, and mandamus.

The court argued that the NTC was not given an opportunity to rectify any potential errors or address the accusations of grave abuse of discretion.

Consequently, the court deemed the failure to file a motion for reconsideration as a “fatal infirmary.”

SMNI, associated with the Kingdom of Jesus Christ (KJC) led by Pastor Apollo Quiboloy, contended that the NTC’s suspension order violated the Constitution, relying on a resolution from the House of Representatives.

The resolution, HR 1499, asserted that SMNI breached its franchise terms, particularly Section 4, which prohibits the dissemination of false information through its facilities.

Despite the setback, SMNI seems to be adopting a conciliatory tone in recent communications.

In a statement, former President Duterte, affiliated with the network, stressed the importance of letting “democracy work” and advocated for peaceful reform initiatives, such as a Constitutional Convention or Congress transforming itself into a Constituent Assembly.

Regarding the suspension of SMNI’s program “Gikan Sa Masa, Para sa Masa” by the Movie and Television Review and Classification Board (MTRCB), Duterte expressed reluctance to confront President Bongbong Marcos directly.

However, Duterte indirectly criticized House Speaker Martin Romualdez, hinting at a political proxy war against the current administration.

On the other side, a statement from Presidential Communications Office Secretary Chilly Grail indicated that Bongbong Marcos is “always available” for former President Duterte, suggesting a potential meeting between the two leaders in the near future.