GMA Network, Inc., v. National Telecommunications Commission PDF

2/11/2020 G.R. No. 192128 & 192135-36, September 13, 2017 - GMA NETWORK, INC., Petitioner, v.
ner, v. NATIONAL TELECOMMUNICATIONS COMMISSIO…
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G.R. No. 192128 & 192135-36, September 13, 2017 - GMA NETWORK, INC.,
ChanRobles On-Line Bar
Petitioner, v. NATIONAL TELECOMMUNICATIONS COMMISSION, Respondent.:
Review
G.R. No. 192128 & 192135-36, September 13, 2017 - GMA NETWORK, INC.,
Petitioner, v. NATIONAL TELECOMMUNICATIONS COMMISSION, Respondent.
SECOND DIVISION
G.R. No. 192128 & 192135-36, September 13, 2017
GMA NETWORK, INC., Petitioner, v. NATIONAL TELECOMMUNICATIONS

COMMISSION, Respondent.
DECISION
CAGUIOA, J.:
This is a Petition for Review on Certiorari1 under Rule 45 of the Rules of Court
assailing the Decision2 of the Court of Appeals3 (CA) dated April 29, 2010 in CA-G.R.
SP Nos. 109954, 110145 and 110148, denying the petitions filed by petitioner GMA
Network, Inc. (petitioner GMA), against the assailed Orders issued by the respondent
National Telecommunications Commission (respondent NTC) dated January 11, 2007,
www.chanrobles.com/cralaw/2017septemberdecisions.php?id=770 1/22
2/11/2020 G.R. No. 192128 & 192135-36, September 13, 2017 - GMA NETWORK, INC., Petitioner, v. NATIONAL TELECOMMUNICATIONS COMMISSIO…
February 26, 2009 and May 25, 2009.
Facts
The Decision of the CA dated April 29, 2010 states the facts as follows:
Petitioner GMA Network, Inc. (GMA), formerly known as Republic

Broadcasting System, Inc., is a Filipino-owned domestic corporation
-35%
engaged in the business of radio and television broadcasting as a grantee
of a legislative franchise by virtue of Republic Act (R.A.) No. 7252 enacted
on March 20, 1992, to construct, install, operate and maintain radio and
television broadcasting stations in the Philippines for a period of 25 years.
Respondent National Telecommunications Commission (NTC) is the

government agency that exercises jurisdiction over the supervision,
-56%
adjudication and control of all telecommunications and broadcast services
in the country.
Following the enactment of R.A. No. 7252 and pursuant to Section 3

thereof, GMA filed before the NTC three (3) applications for Certificate of
Public Convenience respectively docketed and entitled as follows:
Bouquets From BMC Case No. 91-336 : "In Re: Application for Certificate
Only P399
of Public Convenience to Install, Operate and Maintain a
VHF-TV Station in Dumaguete City."
NTC Case No. 96-038 : "In Re: Application for a

Certificate of Public Convenience to Install, Operate and
Drive a New Maintain DXLA-TV Station in Zamboanga City."
Honda CR- BMC Case No. 96-499 : "Re: CPC for a 10KW Radio
Station in Zamboanga City."
V Today Pending the resolution of these applications, NTC granted GMA three
Honda Cars Philippines Provisional Authorities ([PA]) to install, operate and maintain DXRC-AM
broadcasting station and DXLA-TV Station both in Zamboanga City and a
VHF-TV station in Dumaguete City. The said [PAs] were issued on and
Drive home a new
valid until the following dates:
CR-V for your family.
All-in DP for as low Date issued Valid Until
as P 35,000.
VHF-TV September 16, 1996 November 16, 1998
DXRC-AM December 9, 1996 June 9, 1998
DXLA-TV January 27, 1997 July 27, 1998

OPEN
Upon the lapse of their respective expiration dates, the [PAs] were not
renewed and it took 4-5 years before GMA was able to file Ex-Parte
Motions for Renewal of Provisional Authority - on September 29, 2003 for
VHF-TV in BMC Case No. 91-336 and on September 3, 2003 for DXLA-TV
in NTC Case No. 96-038. For its DXRC-AM broadcasting station, it filed an
Ex-Parte Motion for the Issuance of a Certificate of Public Convenience
(CPC) in BMC Case No. 93-499 on September 13, 2002[.]
Before acting on the motions in BMC Case No. 91-336 and NTC Case No.
96-038, the NTC scheduled the cases for clarificatory hearing and directed
GMA to explain why it should not be administratively sanctioned for late
filing and/or for operating with an expired [PA] No similar action was
taken in BMC Case No. 93-499.
GMA filed two separate pleadings entitled Compliance containing

substantially the same declarations in BMC Case No. 91-336 and NTC Case
price drop No. 96-038. GMA explained that its failure to renew the [PAs] on time was
not done with deliberate intent but due to pure inadvertence in the
maintenance of its records and confusion in the turn-over of documents
from its previous handling lawyers. The delay was also allegedly caused by
the economic crisis that hit. the Philippines in 1998 and the consequent
-35%
downturn in the broadcast industry which adversely affected GMA's
expansion plans and existing projects. GMA also alleged that it can no
longer be sanctioned for the late filing of the Motions because its violation
already prescribed pursuant to Sec. 28, Chapter IV of Commonwealth Act
No. 146 (C.A. No. 146) or the Public Service Act.
In an Order dated May 25, 2009 in NTC Case No. 96-038, NTC issued a
-56%
Certificate of Public Convenience (CPC) for the operation of GMA's DXLA-
TV Station in Zamboanga City. With respect to BMC Case Nos. 93-499 and
91-336, NTC issued Orders dated January 11, 2007 and February 26,
2009 respectively renewing GMA's [PA] to install, operate and maintain
DXRC-AM broadcasting station in Zamboanga City and VHF-TV Station in
Dumaguete City.
Bouquets From
Only P399 The three Orders also fined GMA for operating with an expired [PA] at the
rate of Php 200 per day of violation for DXRC-AM and P100 per day of
SEARCH FOR MORE violation for VHF-TV and DXLA-TV computed from the date of expiration of
[PA] until the date of filing of the Motions for Renewal of Provisional
latest cases involving ntc
Authority/Issuance of CPC. The aggregate amount of the fine imposed for
gma network v ntc 2017 the three stations was Php 674,600.00 broken down as follows:
criminal law cases DXRC-AM Broadcasting Station, Zamboanga City:
supreme court cases and decisions 06-09-98 (Date of expiration of [PA])

09-13-02 (Date when the Ex-Parte Motion for Issuance of
look up court cases Certificate of Public Convenience was filed.)
SEARCH FOR MORE

Computation:
06-09-98 to 12-31-98 (205 days x Php
=
gma network v ntc 2017 Php 200.00) 41,000.00
criminal law cases 01-01-99 to 12-31-99 (365 days x Php

=
Php 200.00) 73,000.00
supreme court cases and decisions
01-01-00 to 12-31-00 (365 days x Php
=
look up court cases Php 200.00) 73,000.00
01-01-[01] to 12-31-01 (365 days x Php

SEARCH FOR MORE =
Php 200.00) 73,000.00
01-01-02 to 09-13-02 (257 days x Php
gma network v ntc 2017 =
Php 200.00) 51,400.00
criminal law cases Php

311,400.00
supreme court cases and decisions
VHF-TV Station, Dumaguete City:

look up court cases
11-16-1998 (Date of Expiration of [PA])
09-29-2003 (Date when the Motion for Renewal of Provisional
Authority and/or Certificate of Public Convenience was filed)
September-2017 Jurisprudence
Computation:
DUE DATE NO. OF FINE TOTAL (T)
G.R. No. 217194, September DATE SUBMITTED DAYS OF PER (T = D x F)
06, 2017 - SOCIETE DES DELAY DAY
PRODUITS, NESTLE, S.A.,
Nov.
Petitioner, v. PUREGOLD PRICE September Php
17, 1,770 P100
CLUB, INC., Respondent. 29, 2003 177,000.00
1998
G.R. No. 218628, September

06, 2017 - EVERGREEN DXLA-TV Station, Zamboanga City:
MANUFACTURING CORPORATION,
Petitioner, v. REPUBLIC OF THE July 27, 1998 (Date of Expiration of [PA])
PHILIPPINES, REPRESENTED BY Sept. 3, 2003 (Date when the Motion was filed)
THE DEPARTMENT OF PUBLIC
WORKS AND HIGHWAYS, Computation:
Respondent.; G.R. No. 218631 - 7/27/98 to 9/2/2003 = 1,862 days x PI00.00 = P186,200.00
REPUBLIC OF THE PHILIPPINES,
GMA moved for the partial reconsideration of the three Orders praying
REPRESENTED BY THE
that the fine be lifted on the ground that GMA's violation already
DEPARTMENT OF PUBLIC WORKS
prescribed pursuant to Section 28 of C.A. No. 141 which states that
AND HIGHWAYS, Petitioner, v.
violations of the terms and conditions of any certificate issued by the NTC
EVERGREEN MANUFACTURING
shall prescribe after sixty (60) days. GMA also argued that the amount of
CORPORATION, Respondent.
fine imposed was [exorbitant] and contrary to Chapter IV of C.A. No. 141
which states that fines imposed against any public service corporation
A.C. No. 11478, September
must not exceed the amount of P25,000.00. Finally, GMA maintained that
05, 2017 - SPOUSES ANDRE
although it operated with expired [PAs], it was granted the following
CHAMBON AND MARIA FATIMA
temporary permits by the NTC during the period that the [PAs] for the
CHAMBON, Complainants, v.
subject stations were not renewed, viz:
ATTY. CHRISTOPHER S. RUIZ,
Respondent.
For DXRC-AM Broadcasting Station, Zamboanga City:

Date
06, 2017 - ATTY. MELITA S. Permit No. Period
issued
RECTO-SAMBAJON, Petitioner, v.
PUBLIC ATTORNEY'S OFFICE, BSD-0427-97 February 11, January 27, 1997 to
Respondent. (NEW) 1997 January 29, 2000
BSD-0092-2000 January 24, January 27, 2000 to

A.M. No. P-16-3521 [Formerly
OCA I.P.I. No. 15-4493-P], (REN) 2000 January 29, 2003
September 04, 2017 - HON.

BSD-0330-2003 November January 27, 2003 to
MARIA CRISTINA C. BOTIGAN-
(REN) 17, 2004 January 26, 2006
SANTOS, PRESIDING JUDGE OF
THE MUNICIPAL TRIAL COURT, BSD-0046-2006 January 23, January 27, 2006 to
SAN ILDEFONSO, BULACAN, (REN) 2006 January 26, 2009
Complainant, v. LETICIA C.
BSD-0263-2009 April 30, January 27, 2009 to
GENER, CLERK OF COURT OF THE
(REN/MOD) 2009 January 26, 2012
MUNICIPAL TRIAL COURT, SAN
ILDEFONSO, BULACAN,
For VHF-TV Station, Dumaguete City:
Respondent.
Permit No. Date issued Period

06, 2017 - PEOPLE OF THE BSD-0388-96 August 7, September 28, 1996 to
PHILIPPINES, Plaintiff-Appellee, (REN) 1996 September 27, 1999
v. AMANTE PADLAN Y LEONES @
BSD-0855-97 September September 28, 1996 to
BUTOG, Accused-Appellant.
(MOD) 5, 1997 September 27, 1999
G.R. No. 202505, September BSD-0162-99 September September 28, 1999 to

06, 2017 - EXPRESS PADALA (REN) 21, 1999 September 27, 2002
(ITALIA) S.P.A., NOW BDO
REMITTANCE (ITALIA) S.P.A., BSD-0236- August 6, September 28, 2002 to
2002 2002 September 27, 2005
Petitioner, v. HELEN M. OCAMPO,
BSD-0268- August 30, September 28, 2005 to
Respondent.
2005 (REN) 2005 September 27, 2008
G.R. No. 223262, September BSD-0252- August 27, September 28, 2008 to
11, 2017 - DENNIS M. 2008 2008 September 27, 2011
CONCEJERO, Petitioner, v. COURT
OF APPEALS AND PHILIPPINE For DXLA-TV Station, Zamboanga City:
NATIONAL BANK, Respondents.
Permit Date issued Period
BSD-0835-97 September January 1, 1997 to
04, 2017 - PEOPLE OF THE
(MOD) 5, 1997 December 31, 1999
PHILIPPINES, Plaintiff-Appellee,
v. ROGER RACAL @ RAMBO,
BSD-0167-99 September January 1, 2000 to
Accused-Appellant.
(REN) 21, 1999 December 31, 2002
G.R. No. 201271, September BSD-0032-2003 May 14, January 1, 2003 to
20, 2017 - ROBERTO A. TORRES, (REN/MOD) 2004 December 31, 2005
IMMACULADA TORRES-ALANON,
BSD-0343-2005 November January 1, 2006 to
AGUSTIN TORRES, AND JUSTO
(REN) 23, 2005 December 31, 2008
TORRES, JR., Petitioners, v.
ANTONIA F. ARUEGO, BSD-0090-2009 January 28, January 1, 2009 to
Respondent. (REN) 2009 December 31, 2011
G.R. No. 212731, September The NTC partly granted GMA's motions for partial reconsideration by
06, 2017 - SPOUSES FIRMO S. reducing the rate of the fine to Php 50 per day of violation for each of the
ROSARIO AND AGNES three stations. In BMC Case No. 93-499, the NTC Order was dated August
ANNABELLE DEAN-ROSARIO, 4, 2009. In BMC Case No. 91-336, the NTC Order was dated July 17,
Petitioners, v. PRISCILLA P. 2009. In NTC Case No. 96-038, the Order was dated August 4, 2009. The
ALVAR, Respondent. total reduced fine for all the stations was Php 259,450.00, viz:
A.M. No. 16-05-142-RTC, DXRC-AM Broadcasting Station, Zamboanga City:

September 05, 2017 - RE:
REPORT ON THE PRELIMINARY
DUE DATE NO. OF DAYS OF FINE PER TOTAL (T)
RESULTS OF THE SPOT AUDIT IN
DATE SUBMITTED DELAY DAY (T=DXF)
THE REGIONAL TRIAL COURT,
BRANCH 170, MALABON CITY. June 9, Sept. 13, Php
1557 P50
1998 2002 77,850.00
04, 2017 - ENCARNACION
VHF-TV Station, Dumaguete City:
CONSTRUCTION & INDUSTRIAL
CORPORATION, Petitioner, v.
PHOENIX READY MIX CONCRETE TOTAL
DATE NO. OF DAYS FINE
DEVELOPMENT & DUE DATE (T)
SUBMITTED OF DELAY PER DAY
CONSTRUCTION, INC., (T=DXF)
Respondent.
November Sept. 29, Php
1,770 P50
17, 1998 2003 88,500.00
27, 2017 - ORIENTAL
SHIPMANAGEMENT CO., INC. DXLA-TV Station, Zamboanga City:
AND/OR MOL TANKSHIP

MANAGEMENT (EUROPE) LTD. TOTAL
DUE DATE NO. OF DAYS OF FINE PER
AND/OR RAMON S. HERRERA, (T)
Petitioners, v. WILLIAM DAVID P. DATE SUBMITTED DELAY DAY
(T=DXF)
OCANGAS, Respondent.
July 27, Php
Sept. 2, 2003 1862 P50
G.R. No. 225500, September 1998 93,100.00

PHILIPPINES, Plaintiff-Appellee, Dissatisfied, GMA interposed the herein consolidated Petitions for Review
v. JONAS GERONIMO Y PINLAC, respectively docketed as C.A. G.R. SP. No. 110148 assailing NTC Orders
Accused-Appellant. dated January 11, 2007 and August 4, 2009 in BMC Case No. 93-499;
C.A. G.R. SP. No. 109954 assailing NTC Orders dated February 26, 2009
G.R. No. 227425, September and July 17, 2009 in BMC Case No. 91-336; and C.A. G.R. SP. No. 110145
04, 2017 - THE PEOPLE OF THE assailing NTC Orders dated May 25, 2009 and August 4, 2009 in NTC Case
PHILIPPINES, Plaintiff-Appellee, No. 96-038.4
v. BRAHIM LIDASAN, NHOKIE
MOHAMAD, ROCKY MOCALAM, The petitions filed before the CA was anchored on the following grounds:
TENG USMAN, ALI MATOC,

1. The NTC erred in imposing fines against petitioner GMA for allegedly
MUSLIMEN WAHAB, JIMMY operating with an expired Provisional Authority considering that the
ALUNAN, ROWENA AMAL RAJID, subject broadcasting stations were operated under temporary
ACCUSED, OMAR KAMIR, ALEX
permits duly issued by the NTC.
DALIANO, AND BAYAN ABBAS
ADIL ALIAS "JORDAN," Accused-
2. The NTC erred in imposing a penalty of fine against petitioner GMA
Appellants.
in spite of the fact that its violation, if any, has long prescribed
under Section 28, Chapter IV of Commonwealth Act No. 146,5

otherwise known as the Public Service Act.
3. The imposition against petitioner GMA of a fine in an amount more
v. ARMANDO LABRAQUE A.K.A.
than P25,000 is contrary to the policy implied in Chapter IV of the
"ARMAN", Accused-Appellant.
Public Service Act.6
A.M. No. P-13-3170 (Formerly The CA dismissed the petitions on the following disquisition:
OCA I.P.I. No. 12-3931-P),
September 18, 2017 - MA. The NTC proceedings in Sambrano and in the instant case are both
ASUNCION SJ. SAMONTE, administrative in nature as they involve the NTC's exercise of its
regulatory powers over public service operators. Both cases entailed an
Complainant, v.REY P. RODEN,
examination of a public service operator's licenses and permits, the
LEGAL RESEARCHER, BRANCH
certificate of public convenience of PRBI and, in the present case,
36, METROPOLITAN TRIAL
COURT, QUEZON CITY, petitioner GMA's provisional authority to maintain and operate the subject
Respondent. broadcasting stations. Thus, the pronouncement in Sambrano in so far as

Section 28 is concerned, is squarely applicable in the instant controversy.
Hence, petitioner GMA cannot avoid payment of the fine, as the 60-day
13, 2017 - NYK-FIL SHIP prescriptive period under Sec. 28 is available as a defense only in criminal
or penal proceedings not in purely administrative proceedings, as in the
MANAGEMENT, INCORPORATED,
case at bench.
Petitioner, v. GENER G. DABU,
Respondent.
xxxx

In the present case, the fine imposed on GMA pursuant to Section 21 is an
11, 2017 - TERESA R. IGNACIO,
administrative fine because, as stated above, it involved the NTC's
REPRESENTED BY HER
regulatory and supervisory powers over GMA's legislative franchise. The
ATTORNEY-IN-FACT, ROBERTO R.
determinant factor in the application of Section 28 is the nature of the
IGNACIO, Petitioner, v. OFFICE
OF THE CITY TREASURER OF proceedings and the forum which imposed the fine and not the nature of
QUEZON CITY, VICTOR B. the statute imposing it. The Orders imposing the fine stemmed from
GMA's Ex-Parte Motions to Renew Provisional Authority and Certificate of
ENDRIGA, OFFICE OF THE CITY
Public Convenience and not from any criminal complaint or information
ASSESSOR OF QUEZON CITY,
seeking to prosecute GMA for violation of the penal provisions of the Public
THE REGISTRAR OF DEEDS OF
Service Law, specifically Sections 23, 24, 25 and 26 thereof.
QUEZON CITY, ATTY.
FELIXBERTO F. ABAD, AND
xxxx
ALEJANDRO RAMON AND
RACQUEL DIMALANTA,
Again, We disagree. A reading of the foregoing provisions readily shows
Respondents.
that petitioner's interpretation is self-serving and misplaced. It is clear
that Section 23 speaks of fine that is imposable by court as a criminal
A.C. No. 8968, September 26,
2017 - MA. VILMA F. MANIQUIZ, sanction and not the administrative fine imposed by Section 21. Hence the
Complainant, v. ATTY. DANILO C. Php 25,000.00 ceiling provided under Section 23 is not applicable to the
fine imposed under Section 21.
EMELO, Respondent.
We thus concur with the NTC in that the monetary fine imposed under
A.C. No. 11543, September Section 21 of the Public Service Act is an administrative sanction imposed
26, 2017 - SUSAN BASIYO, AND by the NTC on a service provider on the latter's violation or failure to
ANDREW WILLIAM SIMMONS, comply with the terms and conditions of its authorization, or any other
Complainants, v. ATTY. JOSELITO order, decision or regulation. On the other hand, the P25,000.00 fine
C. ALISUAG, Respondent. specified under Section 23 is a penal sanction imposed by the courts in
addition to imprisonment of the responsible officer of the service provider
G.R. No. 168065, September when it fails to perform, commit, or do any act or thing forbidden or
06, 2017 - TRINIDAD DIAZ- prohibited or shall neglect, fail or omit to do or perform any act or thing
ENRIQUEZ REPRESENTED BY HER required by the Public Service Act to be done or performed.
ATTORNEY-IN-FACT, JOSE
MARCEL E. PANLILIO, xxxx
SUBSTITUTED BY MONTESOL
DEVELOPMENT CORPORATION, The fine imposed on petitioner is also not exorbitant or unconscionable. As
Petitioner, v. DIRECTOR OF a matter of fact, We find the same to be rather conservative considering
LANDS, COURT OF APPEALS, the prot[r]acted duration of petitioner's violation. The Php 674,600.00
GERONIMO SACLOLO, JOSEFINO original amount of fine imposed by NTC was in accordance with the P200
SACLOLO AND RODRIGO daily rate mandated by Section 21. This was even modified to Php
SACLOLO, Respondents.; G.R. 259,450.00 at the reduced rate of P50 per day of violation.
No. 168070, September 6, 2017 -
GERONIMO SACLOLO, JOSEFINO Finally, petitioner states that its operation of the subject broadcasting
SACLOLO AND RODRIGO stations was authorized by the NTC thru Temporary Permits which covered
SACLOLO, Petitioners, v. COURT the period during which GMA was operating on expired Provisional
OF APPEALS, TRINIDAD DIAZ- Authorities.
ENRIQUEZ AND DIRECTOR OF
LANDS, Respondents.

11, 2017 - DESIDERIO C.
CUTANDA, Petitioner, v. MARLOW
NAVIGATION PHILS., INC.,
AND/OR MARLOW NAVIGATION
CO. LTD. AND/OR ANTONIO
GALVEZ, JR., Respondents.
This argument deserves no consideration as it is inconsistent with GMA's
admission that its failure to timely renew the Provisional Authorities was
due to sheer inadvertence and confusion in the handling of its corporate
14, 2017 - JESUS V. COSON,
documents, x x x:
Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.
xxxx
A.M. No. 17-08-01-SC,

As can be gleaned from the attached copies of petitioner's Provisional
September 19, 2017 - RE:
Authorities and Temporary Permits, their purposes and extent are
REQUESTS FOR SURVIVORSHIP
different. A Provisional Authority is issued by the NTC to a franchise holder
PENSION BENEFITS OF SPOUSES
authorizing the latter to operate [as] a public utility for a limited period
OF JUSTICES AND JUDGES WHO
pending the issuance of its Certificate of Public Convenience (CPC). It is
DIED PRIOR TO THE EFFECTIVITY
general in scope in contrast to a Temporary Permit which specifically
OF REPUBLIC ACT NO. 9946
contains the necessary particulars of a broadcasting station such as the
call sign, authorized power, frequency/channel, class station, hours of
operation, points of communication and equipments used together with
their serial number and frequency range. Simply stated, a Provisional
Authority is GMA's authority or license to operate a broadcasting station
v. MELCHOR PANES Y
while a Temporary Permit pertains to the details and specifications under
MAGSANOP, Accused-Appellant.
which GMA will undertake the operation of a broadcasting station. The
concurrence of both is imperative for the lawful operation of the GMA
broadcasting stations. In fact, in the Provisional Authorities initially issued,
GMA was obligated to secure the necessary permits for its equipment and
facilities, x x x[.]7
v. JEFFERSON DEL MUNDO Y
ABAC AND MITOS LACSON-DEL The dispositive portion of the CA Decision states:
MUNDO, Accused-Appellants.
WHEREFORE, for lack of merit, the Petitions are hereby DISMISSED.

SO ORDERED.8
Petitioner GMA did not file a Motion for Reconsideration questioning the subject CA
v. WILLINGTON RODRIGUEZ Y
Decision. Instead, it directly filed this Petition for Review on Certiorari under Rule 45
HERMOSA, Accused-Appellant.
of the Rules of Court.
G.R. No. 177246, September Issues
25, 2017 - ANTONIO A.

1. Whether petitioner GMA violated Section 21 of the Public Service
SOMBILON, Petitioner, v. PEOPLE
Act;
OF THE PHILIPPINES,
Respondent.
2. Whether the prescription set forth in Section 28 of the Public Service
Act applies to administrative proceedings for violations of orders,
decisions and regulations of respondent NTC or the terms and
18, 2017 - PHILIPPINE NATIONAL
conditions of the certificate issued by the latter; and
BANK, Petitioner, v. TERESITA FE
A. GREGORIO, Respondent.
3. Whether the P25,000.00 limit set under Section 23 of the Public
Service Act shall apply to the fines that may be imposed by
respondent NTC under Section 21.
13, 2017 - LEONARDO P.
CASONA, Petitioner, v. PEOPLE The Court's Ruling
OF THE PHILIPPINES,
Respondents. The petition is denied.
G.R. No. 208625, September While petitioner GMA admits that it failed to file its Motion for Extension of Provisional
06, 2017 - PEOPLE OF THE Authority on time,9 it argues that it should nonetheless not be sanctioned for
PHILIPPINES, Plaintiff-Appellee, operating without the authority of respondent NTC because respondent NTC allowed it
v. RAMON FRANCICA Y NAVALTA, to operate under the temporary permits it had issued in its favor.
Accused-Appellant.
Respondent NTC, on the other hand, anchors its imposition of fines against petitioner
G.R. No. 207229, September GMA on Section 21 of the Public Service Act, which states:
Sec. 21. Every public service violating or failing to comply with the
terms and conditions of any certificate or any orders, decisions or
v. SIEGFRED CABELLON
regulations of the Commission shall be subject to a fine of not
CABAÑERO, Accused-Appellant.
exceeding two hundred pesos per day for every day during which
such default or violation continues; and the Commission is hereby
authorized and empowered to impose such fine, after due notice
13, 2017 - CIVIL SERVICE
and hearing.
COMMISSION, AND THE
MUNICIPALITY OF MASIU, LANAO
The fines so imposed shall be paid to the Government of the Philippines
DEL SUR, REPRESENTED BY
through the Commission, and failure to pay the fine in any case within the
MAYOR NASSER P.
time specified in the order or decision of the Commission shall be deemed
PANGANDAMAN, JR., Petitioners,
good and sufficient reason for the suspension of the certificate of said
v. SAMAD M. UNDA, Respondent.;
public service until payment shall be made. Payment may also be enforced
G.R. No. 213331 - THE
by appropriate action brought in a court of competent jurisdiction. The
MUNICIPALITY OF MASIU,
remedy provided in this section shall not be a bar to, or affect any other
PROVINCE OF LANAO DEL SUR,
remedy provided in this Act but shall be cumulative and additional to such
REPRESENTED BY NASSER P.
remedy or remedies. (Emphasis supplied)
PANGANDAMAN, JR., MUNICIPAL
MAYOR, Petitioner, v. SAMAD M. Assuming arguendo that its failure to apply for an extension of its Provisional
UNDA, Respondent. Authority is a violation of the terms and conditions of its previously issued Provisional
Authority, petitioner GMA posits that such failure is within the ambit of the phrase
G.R. No. 208426, September "violations of xxx the terms and conditions of any certificates issued by the
20, 2017 - SAMUEL M. Commission" under Section 28 of the same law, and therefore subject to the
ALVARADO,, Petitioner, v. AYALA
prescriptive period set by the said provision.10 Petitioner GMA asserts that the 60-day
LAND, INC., AYALA HILLSIDE
prescriptive period in Section 28 is available as their defense in administrative
ESTATES HOMEOWNERS' proceedings that may result into penal sanctions.11
ASSOCIATION, INC., ALEXANDER
P. AGUIRRE, HORACIO PAREDES, Petitioner GMA maintains that Section 21 of the Public Service Act is expressly limited
RICARDO F. DE LEON, REYNATO by Section 28 of the same chapter of the same law, which provides:
Y. SAWIT, AGUSTIN N. PEREZ,
Sec. 28. Violations of the orders, decisions, and regulations of the
GERONIMO M. COLLADO,
Commission and of the terms and conditions of any certificates
EMMANUEL C. CHING,
issued by the Commission shall prescribe after sixty days, and
MACABANGKIT LANTO, MANUEL
DIZON, TARCISIO CALILUNG, violations of the provisions of this Act shall prescribe after one hundred
IRINEO AGUIRRE, ERNESTO and eighty days. (Emphasis supplied)
ORTIZ LUIS, BERNARDO The Court disagrees.

JAMBALOS III, FRANCISCO
ARCILLANA, LUIS S. TANJANGCO,
The Sambrano12 case, cited by petitioner GMA, has already settled that the 60-day
AND PABLITO VILLEGAS,
prescriptive period under Section 28 of the Public Service Act can be availed of as a
Respondents.
defense only in criminal proceedings filed under Chapter IV thereof and not in
proceedings pertaining to the regulatory or administrative powers of the NTC over a
public service utility's observance of the terms and conditions of its Provisional
13, 2017 - TEAM IMAGE
Authority:
ENTERTAINMENT, INC., AND
FELIX S. CO., Petitioners, v. This Court has already held, in Collector of Internal Revenue el al. vs.
SOLAR TEAM ENTERTAINMENT, Buan, G. R. L-11438; and Sambrano vs. Public Service Commission, G. R.
INC., Respondent.; G.R. No. L-11439 and L-11542, decided on July 31, 1958, that the 60-day
191658, September 13, 2017 - prescriptive period fixed by section 28 of the Public Service Law is
SOLAR TEAM ENTERTAINMENT, available as a defense only in criminal or penal proceedings filed
INC.,, Petitioner, v. TEAM IMAGE under Chapter IV of the Act. Consequently, the Public Service
ENTERTAINMENT, INC., AND Commission is not barred from receiving evidence of the
FELIX S. CO, Respondents. prescribed violations for the purpose of determining whether an
operator has or has not faithfully kept the conditions of his
G.R. No. 187869, September certificate of permit, whether he failed or not to render the
13, 2017 - TEODULFO E. LAO, services he is required to furnish to the customers, and whether or
JR., ROGER A. ABADAY, ZALDY O. not the infractions are sufficient cause to cancel or modify the
OCON, AND ENRICO D. SALCEDO, certificate. Proceedings of this kind are held primarily to ensure adequate
Petitioners, v. LGU OF CAGAYAN and efficient service as well as to protect the public against the operator's
DE ORO CITY, MAYOR malfeasances or abuses; they are not penal in character. True, the
CONSTANTINO JARAULA, VICE cancellation of the certificates may mean for an operator actual financial
MAYOR VICENTE T. EMANO, CITY hardship; yet the latter is merely incidental to the protection of the
COUNCILOR RAMON TABOR, CITY traveling public. Hence, in refusing to admit evidence of prescribed
COUNCILOR REYNALDO violations as part of the complainant's case against the Philippine Rabbit
ADVINCULA, CITY COUNCILOR Lines for a modification or cancellation of the latter's permit, we hold that
IAN MARK NACAYA, CITY the Commission committed error.13 (Emphasis and italics supplied)
COUNCILOR PRESIDENT ELIPE,
CITY COUNCILOR EMMANUEL In Globe Telecom, Inc. v. The National Telecommunications Commission,14 the Court
ABEJUELA, CITY COUNCILOR ruled that the NTC's imposition of a fine pursuant to Section 21 of the Public Service
ALFONSO GOKING, CITY Act is made in an administrative proceeding, and thus, must comply with the
COUNCILOR ALDEN DACAL, CITY requirements of notice and hearing. The same ruling also categorized the fine
COUNCILOR ALEXANDER DACER, imposed under Section 21 as a sanction, regulatory and punitive in character, viz.:
CITY COUNCILOR MARYCOR

Section 21 requires notice and hearing because fine is a sanction,
CALIZO, CITY COUNCILOR
regulatory and even punitive in character. Indeed, the
AARON NERI, CITY COUNCILOR
requirement is the essence of due process. Notice and hearing are
ADRIAN BARBA, CITY
the bulwark of administrative due process, the right to which is
COUNCILOR IAN CAESAR
among the primary rights that must be respected even in
ACENAS, CITY COUNCILOR
administrative proceedings. The right is guaranteed by the Constitution
SIMEON LICAYAN, CITY
itself and does not need legislative enactment. The statutory affirmation of
COUNCILOR KAREN VI POQUITA,
the requirement serves merely to enhance the fundamental precept. The
CITY COUNCILOR DANTE PAJO,
right to notice and hearing is essential to due process and its non-
IN THEIR PRIVATE AND/OR
observance will, as a rule, invalidate the administrative proceedings.
OFFICIAL CAPACITIES AND MEGA
INTEGRATED AGRO-LIVESTOCK
In citing Section 21 as the basis of the fine, NTC effectively concedes the
FARM CORPORATION PRESIDENT necessity of prior notice and hearing. Yet the agency contends that the
ERWIN BRYAN SEE*, sanction was justified by arguing that when it took cognizance of Smart's
Respondents. complaint for interconnection, "it may very well look into the issue of
whether the parties had the requisite authority to operate such services."
A.M. No. RTJ-17-2492 As a result, both parties were sufficiently notified that this was a matter
[Formerly OCA IPI No. 13-4103- that NTC could look into in the course of the proceedings. The parties
RTJ], September 26, 2017 - subsequently attended at least five hearings presided by NTC.
PROSECUTOR IVY A. TEJANO,
Complainant, v. PRESIDING That particular argument of the NTC has been previously disposed of. But
JUDGE ANTONIO D. MARIGOMEN it is essential to emphasize the need for a hearing before a fine
AND UTILITY WORKER EMELIANO may be imposed, as it is clearly a punitive measure undertaken by
C. CAMAY, JR.,1 BOTH OF an administrative agency in the exercise of its quasi-judicial
REGIONAL TRIAL COURT (RTC), functions. Inherently, notice and hearing are indispensable for the valid
BRANCH 61, BOGO CITY, CEBU, exercise by an administrative agency of its quasi-judicial functions. x x x15
Respondents. (Emphasis supplied)
Contrary to the position taken by petitioner GMA, the P25,000.00 limit provided under
Section 23 does not also apply in this case. Section 23 of the Public Service Act
provides:
v. PEDRITO ORDONA Y RENDON,
Sec. 23. Any public service corporation that shall perform, commit,
Accused-Appellant.
or do any act or thing herein forbidden or prohibited or shall
neglect, fail, or omit to do or perform any act or thing herein
G.R. No. 204663, September required to be done or performed, shall be punished by a fine not
27, 2017 - MUNICIPAL RURAL
exceeding twenty-five thousand pesos, or by imprisonment not
BANK OF LIBMANAN, CAMARINES
exceeding five years, or both, in the discretion of the court. (Emphasis
SUR, Petitioner, v. VIRGINIA
supplied)
ORDOÑEZ, Respondent.
Respondent NTC asseverated that a careful reading and comparison of Section 21 and
G.R. No. 205652, September Section 23 would clearly show that the monetary fine imposed under Section 21 at
06, 2017 - PROCTER & GAMBLE the rate of P100.00 per day is an administrative sanction imposed by respondent NTC
ASIA PTE LTD., Petitioner, v. on a service provider for the latter's violation or failure to comply with the terms and
COMMISSIONER OF INTERNAL conditions of its authorization, or any other order, decision or regulation of
REVENUE, Respondent. respondent NTC.16 Respondent NTC explained that the P25,000.00 monetary fine
specified under Section 23 of the same Public Service Act is a penal sanction imposed
G.R. No. 180969, September by the court of law in addition to imprisonment on the responsible officer of a service
11, 2017 - NOEL NAVAJA, provider when it fails to perform, commit, or do any act or thing forbidden or
Petitioner, v. HON. MANUEL A. DE prohibited, or shall neglect, fail or omit to do or perform any act or thing required by
CASTRO OR HIS SUCCESSOR, IN the Public Service Act to be done or performed.17
HIS CAPACITY AS PRESIDING
JUDGE OF THE MUNICIPAL
The case of GMA Network, Inc. v. National Telecommunications Commission18 (GMA
CIRCUIT TRIAL COURT OF JAGNA
Network) pertaining to petitioner GMA's failure to renew its Provisional Authority to
& GARCIA-HERNANDEZ, JAGNA,
operate a radio station in Puerto Princesa, Palawan, is illustrative:
BOHOL, AND ATTY. EDGAR
BORJE, Respondents. The argument is untenable.
G.R. No. 185938, September The applicable provision is Section 21 of the Public Service Act as it
06, 2017 - ALICIA M.L. specifically governs the NTC's imposition of a fine not exceeding P200.00
COSETENG AND DILIMAN per day for every day during which the public service utility's violation or
PREPARATORY SCHOOL, non-compliance with the terms and conditions of the certificate/s issued
Petitioners, v. LETICIA P. PEREZ, by the NTC continues. On the other hand, Section 23 of the Public Service
Respondent. Act deals with a public service corporation's performance, commission or
doing of any forbidden or prohibited act under the same law, as well as its
A.C. No. 9832, September 04, neglect, failure or omission to do or perform an act or thing required
2017 - LOLITA R. MARTIN, thereunder. As earlier mentioned, the proceedings under Section 23
Complainant, v. ATTY. JESUS M. pertain to criminal proceedings conducted in court, whereby the
DELA CRUZ, Respondent. fine imposed, if so determined, is made in the court's discretion,
whereas Section 21 pertains to administrative proceedings
conducted by the NTC on the grounds stated thereunder. As the
present case evidently involves the latter violation, Section 21 and not
G.R. No. 213200, September Section 23 of the Public Service Act applies. Thus, finding that the fine
19, 2017 - NAYONG PILIPINO imposed by the NTC at the reduced rate of P50.00 per day is consistent
FOUNDATION, INC., Petitioner, v. with the P200.00 per day limitation under Section 21 of the Public Service
CHAIRPERSON MA. GRACIA M. Act, the fine of P76,500.00 for GMA's failure to comply with the terms and
PULIDO TAN, COMMISSIONER conditions of its PA for a period of 1,521 days was proper. The
HEIDI L. MENDOZA, conscionability of the amount imposed should not be at issue as it is the
COMMISSIONER ROWENA V. law itself which had provided the allowable threshold for the amount
GUANZON, THE therefor.19 (Emphasis supplied)
COMMISSIONERS, COMMISSION
The Court sees no reason here to deviate from the unequivocal clarifications made in
ON AUDIT (COA), Respondents.
GMA Network.20

20, 2017 - PEOPLE OF THE Petitioner GMA finally insists that the subject broadcasting stations were operated
PHILIPPINES, Plaintiff-Appellee, with the knowledge and direct authority of respondent NTC, as evidenced by the
v. ROMMEL RONQUILLO, temporary permits issued in their behalf. But this argument was likewise disregarded
Accused-Appellant. in GMA Network when the Court ruled that a temporary permit does not substitute for
a Provisional Authority, viz.:
[A] [Provisional Authority] refers to an authority given to an entity
26, 2017 - ENGR. OSCAR A.
qualified to operate a public utility for a limited period during the
MARMETO, Petitioner, v.
pendency of its application for, or before the issuance of its Certificate of
COMMISSION ON ELECTIONS
Public Convenience (CPC). It has a general scope because it is akin to a
(COMELEC), Respondent.
provisional CPC in that it gives a public utility provider power to operate as
such and be bound by the laws and rules governing public utilities,
pending issuance of its actual CPC.
19, 2017 - LORIE MARIE TOMAS
CALLO, Petitioner, v.
On the other hand, a [T]emporary [P]ermit is a document containing the
COMMISSIONER JAIME H.
call sign, authorized power, frequency/channel, class station, hours of
MORENTE, BUREAU OF
operation, points of communication and equipment particulars granted to
IMMIGRATION, OIC ASSOCIATES
an authorized public utility. Its scope is more specific than a
COMMISSIONERS, BUREAU OF
[Provisional Authority] because it contains details and
IMMIGRATION, AND BRIAN ALAS,
specifications under which a public utility [like petitioner] should
BUREAU OF IMMIGRATION,
operate [its tv/radio station] pursuant to a previously updated
Respondents.
[Provisional Authority]. x x x21 (Emphasis and underscoring in the
original omitted; emphasis supplied)
27, 2017 - PEOPLE OF THE The Court has held that the respondent NTC, being the government agency entrusted
PHILIPPINES, Plaintiff-Appellee, with the regulation of activities coming under its special and technical forte, and
v. EEE, Accused-Appellant.
possessing the necessary rule-making power to implement its objectives,22 is in the
best position to interpret its own rules, regulations and guidelines.23 The Court has
consistently yielded and accorded great respect to the interpretation by
20, 2017 - PLANTERS
administrative agencies of their own rules unless there is an error of law, abuse of
DEVELOPMENT BANK, Petitioner,
power, lack of jurisdiction or grave abuse of discretion clearly conflicting with the
v. SPOUSES VICTORIANO AND
letter and spirit of the law.24
MELANIE RAMOS, Respondents.
In fine, the Court agrees with respondent NTC that, notwithstanding the temporary
permits issued in its favor, petitioner GMA was operating on an expired Provisional
13, 2017 - SPOUSES ROSALINO
Authority, in violation of Section 21 of the Public Service Act.
R. REYES, JR. AND SYLVIA S.
REYES, Petitioners, v. SPOUSES
WHEREFORE, the Petition is hereby DENIED for lack of merit.
HERBERT BUN HONG G. CHUNG
AND WIENNA T. CHUNG,
SO ORDERED.
Respondents.
Carpio, (Chairperson), Peralta, Perlas-Bernabe, and Reyes, Jr., JJ., concur.

11, 2017 - SPOUSES EDGARDO
M. AGUINALDO AND NELIA T. Endnotes:
TORRES-AGUINALDO, Petitioners,
v. ARTEMIO T. TORRES, JR., 1Rollo, pp. 36-344, including Annexes.
Respondent.
2 Id. at 12-32. Penned by Associate Justice Portia Aliño-Hormachuelos,
with Associate Justices Japar B. Dimaampao and Jane Aurora C. Lantion
concurring.
v. WILFREDO LAYUG, NOEL BUAN
3 Second Division.
AND REYNALDO LANGIT,
Accused, WILFREDO LAYUG AND
4Rollo, pp. 13-20.
NOEL BUAN, Accused-Appellants.
5 AN ACT TO REORGANIZE THE PUBLIC SERVICE COMMISSION,

G.R. Nos. 224308-09,
September 27, 2017 - PRESCRIBE ITS POWERS AND DUTIES, DEFINE AND REGULATE PUBLIC
FABRICATOR PHILIPPINES, INC., SERVICES, PROVIDE AND FIX THE RATES AND QUOTA OF EXPENSES TO
Petitioner, v. JEANIE ROSE Q. BE PAID BY THE SAME AND FOR OTHER PURPOSES, otherwise known as
ESTOLAS, Respondent. the "Public Service Act," November 7, 1936.
6Rollo, pp. 20-21.

PHILIPPINES, Plaintiff-Appellee, 7 Id. at 23-30.
v. ALFREDO REYES ALIAS "BOY
REYES," Accused-Appellant. 8 Id. at 31.
G.R. No. 211111, September 9 Id. at 124.

25, 2017 - C.F. SHARP CREW
MANAGEMENT, INC., ITS
10 Id. at 61; italics supplied.
PRESIDENT, AND GULF ENERGY
MARITIME, Petitioners, v. NOEL
11 Id.
N. ORBETA, Respondent.
12Sambrano v. PSC and Phil. Rabbit Bus Lines, Inc., 116 Phil. 552 (1962).
27, 2017 - TSM SHIPPING
(PHILS.), INC., AND MST MARINE 13 Id. at 554-555.
SERVICES PHILS., INC.,
Petitioners, v. SHIRLEY G. DE 14 479 Phil. 1 (2004).
CHAVEZ,1 Respondent.
15 Id. at 38-39.
27, 2017 - HEIRS OF GILBERTO
16Rollo, p. 143.
ROLDAN, NAMELY: ADELINA
ROLDAN, ROLANDO ROLDAN,
17 Id.
GILBERTO ROLDAN, JR., MARIO
ROLDAN, DANNY ROLDAN,
18 728 Phil. 192 (2014).
LEONARDO ROLDAN, ELSA
ROLDAN, ERLINDA ROLDAN-
CARAOS, THELMA ROLDAN- 19 Id. at 206-207.
MASINSIN, GILDA ROLDAN-
DAWAL AND RHODORA ROLDAN- 20 Supra note 18.
ICAMINA, Petitioners, v. HEIRS
OF SILVELA ROLDAN, NAMELY: 21 Id. at 207-208.
ANTONIO R. DE GUZMAN,
AUGUSTO R. DE GUZMAN, ALICIA
22 COM. ACT NO. 146, Sec. 11, as amended; EXECUTIVE ORDER NO. 546,
R. VALDORIA-PINEDA, AND
Sec. 15.
SALLY R. VALDORIA, AND HEIRS
OF LEOPOLDO MAGTULIS,
23Eastern Telecommunications Philippines, Inc. v. International
NAMELY: CYNTHIA YORAC-
Communication Corporation, 516 Phil. 518, 521 (2006).
MAGTULIS, LEA JOYCE
MAGTULIS-MALABORBOR,
DHANCY MAGTULIS, FRANCES 24 Id. at 521, citing Melendres, Jr. v. COMELEC, 311 Phil. 275, 292
DIANE MAGTULIS, AND JULIERTO (1999).
MAGTULIS-PLACER, Respondents.

Back to Home | Back to Main
v. ROBERT BALANZA, Accused-
Appellant.

v. DANILO SULAYAO Y
LABASBAS, Accused-Appellant.

06, 2017 - PRIMITIVO
MACALANDA, JR., Petitioner, v.
ATTY. ROQUE A. ACOSTA,
Respondent.
A.M. No. P-17-3754 (Formerly

OCA IPI No. 14-4285-P),
September 26, 2017 - MARIA
MAGDALENA R. JOVEN, JOSE
RAUL C. JOVEN, AND NONA
CATHARINA NATIVIDAD JOVEN
CARNACETE, Complainants, v.
LOURDES G. CAOILI, CLERK OF
COURT, MUNICIPAL TRIAL COURT
IN CITIES, BRANCH 1, BAGUIO
CITY, BENGUET, Respondent.

20, 2017 - PRIVATIZATION AND
MANAGEMENT OFFICE, Petitioner,
v. EDGARDO V. QUESADA, MA.
GRACIA QUESADA-MANALO,
ELIZABETH QUESADA-JOSE,
EUGENIO V. QUESADA,
REPRESENTED BY THEIR
ATTORNEY-IN-FACT, EUGENIO V.
QUESADA, Respondents.

27, 2017 - DANILO REMEGIO,

27, 2017 - GINA LEFEBRE,
JOINED BY HER HUSBAND,
DONALD LEFEBRE, Petitioners, v.
A BROWN COMPANY, INC.,
Respondent.
26, 2017 - MARIO O. SALVADOR,
Petitioner, v. COMMISSION ON
ELECTIONS AND ALEXANDER S.
BELENA, Respondents.

27, 2017 - ROLANDO DACANAY Y
LACASTE, Petitioner, v. PEOPLE
OF THE PHILIPPINES,
Respondent.
G.R. No. 192128 & 192135-36,

September 13, 2017 - GMA
NETWORK, INC., Petitioner, v.
NATIONAL
TELECOMMUNICATIONS

25, 2017 - HENRY E. YU,
MARIANITO M. MARBAS, EDWIN
R. BAYBAY, VICTOR RUALES,
CEPRIANO J. DOSDOS, JR.,
REYNALDO C. GATO, PABLITO
GRAME OLAYON, FELICITO G.
DAAN, SR., EDGAR R. REBAGOS,
SR., RONALDO T. LANSANG,
MARIJUL O. ONDAP, ROGELIO M.
UBOS, SR., ELANE M. AGAPAY,
GERSON S. AGAPAY, SR., GENES
S. CAPON, MARK DECYRL B.
OSORIO, FREDDIE M. BELTRAN,
ROBERT F. COLMINAS, WILLIAM
M. ESTORQUE, SR., ERIC G.
MARAON, LEONARD S. VILLAREN,
JUNIFER QUITA, JEBRYAN QUITA,
JOVANIE BANTILAN, GERRY A.
QUITA, REY S. AGAPAY, ADOLITO
S. BULTRON, JANIFER C. DAAN,
ARNEL L. LUNASIN, JOSE CEPEDA
SABIO, ROEL E. VALLESPIN,
PETER JOHN D. CORDOVA,
RONILO D. CORDOVA, CRISANTO
D. DIAPOLET, ALDO D.
DIAPOLET, VINSON M.
ALEJANDRO JERYLYNN Q.
GALANG, JOVILITO MAESTRADO,
JR., CONSTANCIO B. MADRONA,
JR., JOHNNA D. LLEMIT, VIRGILIA
A. EMPERON, JIMMY G. ALBER,
JERRY L. LOPEZ, RONITO A.
RAMA, EVELYN G. MANSAL,
RUBEN MARAON, SELVERIO P.
OMBICO, JR., AND DIEGO
GONZAGA, Petitioners, v. SR
METALS, INC. (SRMI), ELOISA E.
SEGARRA, FRANCIS ERIC
GUTIERREZ, JIMWELL ORPILLA
AND GODOFREDO NARDO,
Respondents.

13, 2017 - CELERINO CHUA
ALIAS SUNTAY, Petitioner, v.
PEOPLE OF THE PHILIPPINES,
Respondent.

18, 2017 - REPUBLIC OF THE
PHILIPPINES, Petitioner, v.
SPOUSES JOEL AND ANDREA
NOVAL, ELLEN N. DELOS REYES,
DALE Y. NOVAL, WINNIE T. REFI,
ZENAIDA LAO, AND DAISY N.
MORALES, Respondents

19, 2017 - BANGKO SENTRAL NG
PILIPINAS, Petitioner, v.
COMMISSION ON AUDIT,
Respondent.

13, 2017 - DEPARTMENT OF
PUBLIC WORKS AND HIGHWAYS,
Petitioner, v.
CMC/MONARK/PACIFIC/HI-TRI
JOINT VENTURE, Respondent.

v. WILSON CACHO Y SONGCO,
Accused-Appellant.

SANDIGANBAYAN AND JUAN1
ROBERTO L. ABLING,
Respondents.

14, 2017 - RAFAEL ALMEDA,
EMERLINA ALMEDA-LIRIO,
ALODIA ALMEDA-TAN, LETICIA
ALMEDA-MAGNO, NORMA
ALMEDA-MATIAS AND PUBLIO
TIBI,, Petitioners, v. HEIRS OF
PONCIANO ALMEDA IN
SUBSTITUTION OF ORIGINAL
DEFENDANT PONCIANO ALMEDA,
INTESTATE ESTATE OF SPOUSES
PONCIANO AND EUFEMIA PEREZ-
ALMEDA AND THE REGISTER OF
DEEDS OF TAGAYTAY CITY,
Respondent.

27, 2017 - JESUS APARENTE,

27, 2017 - COMMISSIONER OF
INTERNAL REVENUE, Petitioner,
v. HEDCOR SIBULAN, INC.,
Respondent.

27, 2017 - MUNICIPAL RURAL
BANK OF LIBMANAN, CAMARINES
SUR, Petitioner, v. VIRGINIA
ORDOÑEZ, Respondent.

06, 2017 - PROCTER & GAMBLE
ASIA PTE LTD., Petitioner, v.
COMMISSIONER OF INTERNAL
REVENUE, Respondent.

11, 2017 - NOEL NAVAJA,
Petitioner, v. HON. MANUEL A. DE
CASTRO OR HIS SUCCESSOR, IN
HIS CAPACITY AS PRESIDING
JUDGE OF THE MUNICIPAL
CIRCUIT TRIAL COURT OF JAGNA
& GARCIA-HERNANDEZ, JAGNA,
BOHOL, AND ATTY. EDGAR
BORJE, Respondents.

06, 2017 - ALICIA M.L.
COSETENG AND DILIMAN
PREPARATORY SCHOOL,
Petitioners, v. LETICIA P. PEREZ,
Respondent.
A.C. No. 9832, September 04,

2017 - LOLITA R. MARTIN,
Complainant, v. ATTY. JESUS M.
DELA CRUZ, Respondent.

19, 2017 - NAYONG PILIPINO
FOUNDATION, INC., Petitioner, v.
CHAIRPERSON MA. GRACIA M.
PULIDO TAN, COMMISSIONER
HEIDI L. MENDOZA,
COMMISSIONER ROWENA V.
GUANZON, THE
COMMISSIONERS, COMMISSION
ON AUDIT (COA), Respondents.

26, 2017 - ENGR. OSCAR A.
MARMETO, Petitioner, v.
COMMISSION ON ELECTIONS
(COMELEC), Respondent.

v. ROMMEL RONQUILLO,
Accused-Appellant.

19, 2017 - LORIE MARIE TOMAS
CALLO, Petitioner, v.
COMMISSIONER JAIME H.
MORENTE, BUREAU OF
IMMIGRATION, OIC ASSOCIATES
COMMISSIONERS, BUREAU OF
IMMIGRATION, AND BRIAN ALAS,
BUREAU OF IMMIGRATION,
Respondents.

v. EEE, Accused-Appellant.

20, 2017 - PLANTERS
DEVELOPMENT BANK, Petitioner,
v. SPOUSES VICTORIANO AND
MELANIE RAMOS, Respondents.

13, 2017 - SPOUSES ROSALINO
R. REYES, JR. AND SYLVIA S.
REYES, Petitioners, v. SPOUSES
HERBERT BUN HONG G. CHUNG
AND WIENNA T. CHUNG,
Respondents.

11, 2017 - SPOUSES EDGARDO
M. AGUINALDO AND NELIA T.
TORRES-AGUINALDO, Petitioners,
v. ARTEMIO T. TORRES, JR.,
Respondent.
G.R. Nos. 224308-09,

September 27, 2017 -
FABRICATOR PHILIPPINES, INC.,
Petitioner, v. JEANIE ROSE Q.
ESTOLAS, Respondent.
v. ALFREDO REYES ALIAS "BOY
REYES," Accused-Appellant.

25, 2017 - C.F. SHARP CREW
MANAGEMENT, INC., ITS
PRESIDENT, AND GULF ENERGY
MARITIME, Petitioners, v. NOEL
N. ORBETA, Respondent.

27, 2017 - TSM SHIPPING
(PHILS.), INC., AND MST MARINE
SERVICES PHILS., INC.,
Petitioners, v. SHIRLEY G. DE
CHAVEZ,1 Respondent.

27, 2017 - HEIRS OF GILBERTO
ROLDAN, NAMELY: ADELINA
ROLDAN, ROLANDO ROLDAN,
GILBERTO ROLDAN, JR., MARIO
ROLDAN, DANNY ROLDAN,
LEONARDO ROLDAN, ELSA
ROLDAN, ERLINDA ROLDAN-
CARAOS, THELMA ROLDAN-
MASINSIN, GILDA ROLDAN-
DAWAL AND RHODORA ROLDAN-
ICAMINA, Petitioners, v. HEIRS
OF SILVELA ROLDAN, NAMELY:
ANTONIO R. DE GUZMAN,
AUGUSTO R. DE GUZMAN, ALICIA
R. VALDORIA-PINEDA, AND
SALLY R. VALDORIA, AND HEIRS
OF LEOPOLDO MAGTULIS,
NAMELY: CYNTHIA YORAC-
MAGTULIS, LEA JOYCE
MAGTULIS-MALABORBOR,
DHANCY MAGTULIS, FRANCES
DIANE MAGTULIS, AND JULIERTO
MAGTULIS-PLACER, Respondents.

v. ROBERT BALANZA, Accused-
Appellant.

06, 2017 - PRIMITIVO
MACALANDA, JR., Petitioner, v.
ATTY. ROQUE A. ACOSTA,
Respondent.
v. DANILO SULAYAO Y
LABASBAS, Accused-Appellant.

OCA IPI No. 14-4285-P),
September 26, 2017 - MARIA
MAGDALENA R. JOVEN, JOSE
RAUL C. JOVEN, AND NONA
CATHARINA NATIVIDAD JOVEN
CARNACETE, Complainants, v.
LOURDES G. CAOILI, CLERK OF
COURT, MUNICIPAL TRIAL COURT
IN CITIES, BRANCH 1, BAGUIO
CITY, BENGUET, Respondent.

27, 2017 - DANILO REMEGIO,

20, 2017 - PRIVATIZATION AND
MANAGEMENT OFFICE, Petitioner,
v. EDGARDO V. QUESADA, MA.
GRACIA QUESADA-MANALO,
ELIZABETH QUESADA-JOSE,
EUGENIO V. QUESADA,
REPRESENTED BY THEIR
ATTORNEY-IN-FACT, EUGENIO V.
QUESADA, Respondents.

27, 2017 - GINA LEFEBRE,
JOINED BY HER HUSBAND,
DONALD LEFEBRE, Petitioners, v.
A BROWN COMPANY, INC.,
Respondent.

27, 2017 - G. HOLDINGS, INC.,
Petitioner, v. CAGAYAN ELECTRIC
POWER AND LIGHT COMPANY,
INC. (CEPALCO) AND
FERROCHROME PHILIPPINES,
INC., Respondents.

OCA IPI No. 14-4346-P),
September 06, 2017 - ROLANDO
SOLIVA, Complainant, v.
REYNALDO TALEON, SHERIFF IV,
REGIONAL TRIAL COURT,
BRANCH 10, DIPOLOG CITY,
ZAMBOANGA DEL NORTE,
Respondent.

27, 2017 - JOSE SANICO AND
VICENTE CASTRO, Petitioners, v.
WERHERLINA P. COLIPANO,
Respondent.

19, 2017 - ORESTES S.
MIRALLES, Petitioner, v.
Respondent.

27, 2017 - ROLANDO DACANAY Y
LACASTE, Petitioner, v. PEOPLE
OF THE PHILIPPINES,
Respondent.

26, 2017 - MARIO O. SALVADOR,
Petitioner, v. COMMISSION ON
ELECTIONS AND ALEXANDER S.
BELENA, Respondents.
G.R. No. 192128 & 192135-36,

September 13, 2017 - GMA
NETWORK, INC., Petitioner, v.
NATIONAL
TELECOMMUNICATIONS

25, 2017 - HENRY E. YU,
MARIANITO M. MARBAS, EDWIN
R. BAYBAY, VICTOR RUALES,
CEPRIANO J. DOSDOS, JR.,
REYNALDO C. GATO, PABLITO
GRAME OLAYON, FELICITO G.
DAAN, SR., EDGAR R. REBAGOS,
SR., RONALDO T. LANSANG,
MARIJUL O. ONDAP, ROGELIO M.
UBOS, SR., ELANE M. AGAPAY,
GERSON S. AGAPAY, SR., GENES
S. CAPON, MARK DECYRL B.
OSORIO, FREDDIE M. BELTRAN,
ROBERT F. COLMINAS, WILLIAM
M. ESTORQUE, SR., ERIC G.
MARAON, LEONARD S. VILLAREN,
JUNIFER QUITA, JEBRYAN QUITA,
JOVANIE BANTILAN, GERRY A.
QUITA, REY S. AGAPAY, ADOLITO
S. BULTRON, JANIFER C. DAAN,
ARNEL L. LUNASIN, JOSE CEPEDA
SABIO, ROEL E. VALLESPIN,
PETER JOHN D. CORDOVA,
RONILO D. CORDOVA, CRISANTO
D. DIAPOLET, ALDO D.
DIAPOLET, VINSON M.
ALEJANDRO JERYLYNN Q.
GALANG, JOVILITO MAESTRADO,
JR., CONSTANCIO B. MADRONA,
JR., JOHNNA D. LLEMIT, VIRGILIA
A. EMPERON, JIMMY G. ALBER,
JERRY L. LOPEZ, RONITO A.
RAMA, EVELYN G. MANSAL,
RUBEN MARAON, SELVERIO P.
OMBICO, JR., AND DIEGO
GONZAGA, Petitioners, v. SR
METALS, INC. (SRMI), ELOISA E.
SEGARRA, FRANCIS ERIC
GUTIERREZ, JIMWELL ORPILLA
AND GODOFREDO NARDO,
Respondents.

20, 2017 - VICENTE L. LUNTAO
AND NANETTE L. LUNTAO,
Petitioners, v. BAP CREDIT
GUARANTY CORPORATION AND
EFREN M. PINEDA, Respondents.

13, 2017 - CELERINO CHUA
ALIAS SUNTAY, Petitioner, v.
PEOPLE OF THE PHILIPPINES,
Respondent.

18, 2017 - REPUBLIC OF THE
SPOUSES JOEL AND ANDREA
NOVAL, ELLEN N. DELOS REYES,
DALE Y. NOVAL, WINNIE T. REFI,
ZENAIDA LAO, AND DAISY N.
MORALES, Respondents

19, 2017 - BANGKO SENTRAL NG
PILIPINAS, Petitioner, v.
Respondent.

06, 2017 - PRISCILLA ZAFRA
ORBE, Petitioner, v. FILINVEST
LAND, INC., Respondent.

13, 2017 - DEPARTMENT OF
PUBLIC WORKS AND HIGHWAYS,
Petitioner, v.
CMC/MONARK/PACIFIC/HI-TRI
JOINT VENTURE, Respondent.
GR. No. 196072, September
20, 2017 - STEAMSHIP MUTUAL
UNDERWRITING ASSOCIATION
(BERMUDA) LIMITED, Petitioner,
v. SULPICIO LINES, INC.,
Respondent.; G.R. NO. 208603 -
SULPICIO LINES, INC., Petitioner,
v. STEAMSHIP MUTUAL
UNDERWRITING ASSOCIATION
(BERMUDA) LIMITED,
Respondent.

v. WILSON CACHO Y SONGCO,
Accused-Appellant.

SANDIGANBAYAN AND JUAN1
ROBERTO L. ABLING,
Respondents.

14, 2017 - RAFAEL ALMEDA,
EMERLINA ALMEDA-LIRIO,
ALODIA ALMEDA-TAN, LETICIA
ALMEDA-MAGNO, NORMA
ALMEDA-MATIAS AND PUBLIO
TIBI,, Petitioners, v. HEIRS OF
PONCIANO ALMEDA IN
SUBSTITUTION OF ORIGINAL
DEFENDANT PONCIANO ALMEDA,
INTESTATE ESTATE OF SPOUSES
PONCIANO AND EUFEMIA PEREZ-
ALMEDA AND THE REGISTER OF
DEEDS OF TAGAYTAY CITY,
Respondent.

27, 2017 - JESUS APARENTE,

27, 2017 - COMMISSIONER OF
INTERNAL REVENUE, Petitioner,
v. HEDCOR SIBULAN, INC.,
Respondent.
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2/11/2020 G.R. No. 192128 & 192135-36, September 13, 2017 - GMA NETWORK, INC., Petitioner, v.

ner, v. NATIONAL TELECOMMUNICATIONS COMMISSIO…

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September 2017 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court

G.R. No. 192128 & 192135-36, September 13, 2017

GMA NETWORK, INC., Petitioner, v. NATIONAL TELECOMMUNICATIONS

Petitioner GMA Network, Inc. (GMA), formerly known as Republic

Respondent National Telecommunications Commission (NTC) is the

Following the enactment of R.A. No. 7252 and pursuant to Section 3

NTC Case No. 96-038 : "In Re: Application for a

Drive a New Maintain DXLA-TV Station in Zamboanga City."

DXRC-AM December 9, 1996 June 9, 1998

DXLA-TV January 27, 1997 July 27, 1998

GMA filed two separate pleadings entitled Compliance containing

criminal law cases DXRC-AM Broadcasting Station, Zamboanga City:

supreme court cases and decisions 06-09-98 (Date of expiration of [PA])

SEARCH FOR MORE

criminal law cases 01-01-99 to 12-31-99 (365 days x Php

01-01-[01] to 12-31-01 (365 days x Php

criminal law cases Php

VHF-TV Station, Dumaguete City:

G.R. No. 218628, September

G.R. No. 197745, September

BSD-0092-2000 January 24, January 27, 2000 to

September 04, 2017 - HON.

Permit No. Date issued Period

G.R. No. 202505, September BSD-0162-99 September September 28, 1999 to

G.R. No. 201271, September BSD-0032-2003 May 14, January 1, 2003 to

20, 2017 - ROBERTO A. TORRES, (REN/MOD) 2004 December 31, 2005

A.M. No. 16-05-142-RTC, DXRC-AM Broadcasting Station, Zamboanga City:

AND/OR MOL TANKSHIP

11, 2017 - PEOPLE OF THE

TENG USMAN, ALI MATOC,

under Section 28, Chapter IV of Commonwealth Act No. 146,5

Respondent. broadcasting stations. Thus, the pronouncement in Sambrano in so far as

G.R. No. 221620, September

G.R. No. 219123, September

A.M. No. 17-08-01-SC,

G.R. No. 211721, September

G.R. No. 177246, September Issues

25, 2017 - ANTONIO A.

IRINEO AGUIRRE, ERNESTO and eighty days. (Emphasis supplied)

ORTIZ LUIS, BERNARDO The Court disagrees.

CITY COUNCILOR MARYCOR

G.R. No. 214762, September

Carpio, (Chairperson), Peralta, Perlas-Bernabe, and Reyes, Jr., JJ., concur.

5 AN ACT TO REORGANIZE THE PUBLIC SERVICE COMMISSION,

ESTOLAS, Respondent. the "Public Service Act," November 7, 1936.

6Rollo, pp. 20-21.

G.R. No. 211111, September 9 Id. at 124.

G.R. No. 207943, September

G.R. No. 198952, September

G.R. No. 197718, September

A.M. No. P-17-3754 (Formerly

G.R. No. 224507, September

G.R. No. 196945, September

G.R. No. 224973, September

G.R. No. 199018, September

G.R. No. 192128 & 192135-36,

G.R. No. 214249, September