Title
Philippine Global Communications, Inc. vs. Relova
Case
G.R. No. L-60548
Decision Date
Nov 10, 1986
Petitioner authorized under franchise to establish branch stations for international communications, reversing lower court's ruling.

Case Summary (G.R. No. L-60548)

Antecedent Facts

On May 10, 1976, PGCI filed an application with the Board of Communications (now the National Telecommunications Commission) to establish a branch station in Cebu City to provide international telecommunication services. This application faced opposition from the private respondents. In the interim, the Board issued Memorandum Circular No. 77-13, designating Metropolitan Manila as the sole gateway for communications in the Philippines. Eventually, PGCI received provisional authority on January 16, 1979, and final authority on May 24, 1979, to establish a station in Cebu City. However, a petition for declaratory judgment was subsequently filed by the private respondents regarding the interpretation of PGCI's franchise.

Legal Issues

The primary legal issues raised by PGCI involved its authority under Republic Act No. 4617 to establish stations outside of Metropolitan Manila and whether such operations would be classified as "domestic service" under its legislative franchise. PGCI contended that the lower court's decision declaring it without authority contradicted its legislative rights.

Court's Analysis of Legislative Franchise

The lower court concluded that the term "any" in Section 1 of PGCI's legislative franchise implied limited operational capacity within the Philippines, which the Supreme Court challenged. The higher court emphasized that legislative intent must be derived from the statute in its entirety, noting that other sections indeed support the establishment of additional stations for international communications, contrary to the lower court’s interpretation.

Contemporaneous Construction

The Supreme Court reiterated the principle that the contemporaneous interpretation of a statute by executive officers is entitled to great respect. It highlighted that the Board of Communications, in its 1979 decision, had correctly interpreted PGCI's legislative franchise, allowing it to establish branch stations in the country for international operations, in line with the established government policy.

Final Decision

Ultimately, the Supreme Court reversed the lower court's decision and affirmed PGCI's authority to establish and operate additional branches within the Philippines apart from its principal station in Makati. The court underscored that this authority must align with both PGCI's franchise and prevailing regulatory guidelines, specifically Memorandu

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