G.R. No. 126496 - GMCR, INC.; SMART COMMUNICATIONS, INC.; INTERNATIONAL COMMUNICATIONS CORP.; ISLA COMMUNICATIONS CO., INC., VS. BELL TELECOMMUNICATION PHILIPPINES, INC.; THE NATIONAL TELECOMMUNICATIONS COMMISSION AND HON. SIMEON L. KINTANAR IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE NATIONAL T

Ruling

WHEREFORE, the Solicitor General respectfully prays that this Honorable Court: (a) declare respondent National Telecommunications Commission as a collegial body; (b) restrain respondent Commissioner Simeon Kintanar from arrogating unto himself alone the powers of the said agency; (c) order NTC, acting as a collegial body, to resolve petitioner Bell Telecoms application under NTC-94-229; (d) declare NTC Memorandum Circulars 1-1-93 and 3-1-93 as void; [and] (e) uphold the legality of DOTC Department Order 92-614. [17] On September 23, 1996, respondent Court of Appeals promulgated the herein assailed decision the dispositive portion of which reads as follows: IN THE LIGHT OF ALL THE FOREGOING, judgment is hereby rendered as follows: 1. Petitioners petition for a writ of Certiorari and Prohibition is hereby granted. Accordingly, NTC Memorandum Circular No. 1-1-93, Annex J of the Petition, Memorandum Circular No. 3-1-93, Annex K of the Petition and the Order of Kintanar, Annex L of the Petition, are hereby SET ASIDE for being contrary to law. The Respondents and all those acting for and in their behalf are hereby enjoined and prohibited from implementing or enforcing the same; [and] 2. Petitioners petition for mandamus is hereby GRANTED in that the Respondent NTC, composed of Kintanar and deputy commissioners Perez and Dumlao, are hereby directed to meet en banc and to consider and act on the draft Order, Annex B of the Petition, within fifteen (15) days from the finality of this Decision. Without pronouncement as to costs. SO ORDERED.