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JurisprudenceG.R. No. 200224 -

GLOBE TELECOM, INC. AND INNOVE COMMUNICATIONS, INC., VS. NATIONAL TELECOMMUNICATIONS COMMISSION, COMMISSIONER GAMALIEL A. CORDOBA, DEPUTY COMMISSIONER DOUGLAS MICHAEL N. MALLILLIN AND DEPUTY COMMISSIONER JAIME M. FORTES, JR..

Cited Laws

RA 7925RA 1270
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TL;DR — Ruling

WHEREFORE , the petitions are GRANTED . The assailed issuances of respondent NTC in NTC Case Nos. 2009-138, 2009-139, 99­-121, 2009-140, 2009-268, 2009-269, 2009-270, and 2009-271, to wit: Orders December 5, 2009, Show Cause Orders dated December 9, 2009, and Cease and Desist Orders dated December 9, 2009, are REVERSED and SET ASIDE . Further, the writ of preliminary injunction issued by this Court in CA-G.

Decision

Ruling

WHEREFORE , the petitions are GRANTED . The assailed issuances of respondent NTC in NTC Case Nos. 2009-138, 2009-139, 99­-121, 2009-140, 2009-268, 2009-269, 2009-270, and 2009-271, to wit: Orders December 5, 2009, Show Cause Orders dated December 9, 2009, and Cease and Desist Orders dated December 9, 2009, are REVERSED and SET ASIDE . Further, the writ of preliminary injunction issued by this Court in CA-G.R. SP Nos. 111947 and 111970, enjoining respondents and their representatives from enforcing all the assailed Orders in the aforementioned two cases, are hereby made permanent. Respondents and all persons acting on their behalf are also permanently enjoined from implementing the assailed Orders in CA-G.R. SP Nos. 112006 and 112198 against petitioners DMPI and CURE. The foregoing pronouncements, however, shall be without prejudice to the filing by petitioners of new applications for authority to charge new rates for cellular mobile telephone service for voice calls under the six-second-per-pulse billing scheme pursuant to NTC Memorandum Circular No. 05-07-2009, subject to the approval of the NTC and with due regard by the latter to petitioners right to due process of law. SO ORDERED.