Radio Communication of the Philippines v.

National
Telecommunications Commission,

G.R. No. 93237, 6 November 1992

FACTS:
1. Private respondent Juan Alegre’s wife, Dr. Jimena Alegre, sends
two RUSH telegrams through Radio Communication of the
Philippines (RCPI) to inform Juan’s family that a relative, “Manong
Poling,” had died and that the interment was to be on Tuesday.

2. The recipients received the telegrams two days and three days
late.

3. Juan files an administrative case against RCPI with the National

Telecommunications Commission (NTC), praying for imposition of
appropriate punitive sanction against the company.

4. The NTC found RCPI administratively liable for deficient and

inadequate service defined under Section 19(a) of C.A. 146 and
imposed a total penalty for the two transactions of P1,000 FINE
against RCPI.

5. NTC denies RCPI’s motion for reconsideration, thus RCPI files

this petition for review against NTC and Juan, contending that
NTC does not have the power to impose fines against RCPI.

6. Defending the NTC, the Office of the Solicitor General says the
power and authority of the NTC to impose fines is incidental to its
power to regulate public service utilities and to supervise
telecommunications facilities, which are now clearly defined in
Section 15, Executive Order No. 546.












ISSUE: Does the NTC have jurisdiction to administratively impose fines
on a telegraph company that fails to render adequate service to a
consumer?
RULING: No; Executive Order No. 546 is not an explicit grant of power
to impose administrative fines on public service utilities, including
telegraphic agencies, which have failed to render adequate service to
consumers. Too basic in administrative law to need citation of
jurisprudence is the rule that jurisdiction and powers of administrative
agencies, like respondent Commission, are limited to those expressly
granted or necessarily implied from those granted in the legislation
creating such body; and any order without or beyond such jurisdiction is
void and ineffective. WHEREFORE, the decision appealed from is
REVERSED and SET ASIDE for lack of jurisdiction of the NTC to render
it.