Title
Radio Communications of the Philippines, Inc. vs. Board of Communications
Case
G.R. No. L-43653
Decision Date
Nov 29, 1977
RCPI failed to deliver critical telegrams, causing emotional distress and financial loss. The Supreme Court ruled the Board of Communications lacked jurisdiction over damages claims, reversing fines imposed on RCPI.

Case Summary (G.R. No. L-43653)

Factual Background

In BC Case No. 75-01-OC, respondent Diego Morales alleged that on October 15, 1974 his daughter sent him a telegram from Santiago, Isabela through RCPI informing him of his wife's death, but that the telegram never reached him; he learned of the death only personally and incurred air travel expenses to attend the burial. RCPI answered that the message was transmitted to its Message Center at Cubao, Quezon City, but that the relay to Sta. Cruz, Manila was garbled by intermittent radio signal so that the copy became unreadable. In BC Case No. 75-08-OC, respondent Pacifico Innocencio alleged that on July 13, 1975 a telegram sent by Lourdes Innocencio from Paniqui, Tarlac through RCPI to him at Barrio Lomot, Cavinti, Laguna failed to be delivered and that the sender was not notified of non-delivery; as a result, he missed his father's internment and suffered shock, mental anguish, and personal inconvenience. Both complainants sought damages.

Proceedings Below

The Board of Communications heard both complaints and ruled that the service rendered by RCPI was inadequate and unsatisfactory. In each case the Board imposed upon RCPI a disciplinary fine of P200 pursuant to Section 21 of Commonwealth Act No. 146, as amended by Presidential Decree No. 1 and implemented by Letter of Implementation No. 1. RCPI filed petitions for review by certiorari with the Supreme Court, which consolidated G.R. Nos. L-43653 and L-45378.

The Parties' Contentions

Petitioner RCPI contended that the Board of Communications lacked jurisdiction to entertain complaints sounding in breach of contract and in quasi-delict under Articles 1170 and 2176 of the Civil Code, and that claims for damages based on negligence should be litigated in the courts of justice rather than before an administrative regulatory board. The respondents relied on the Board's disposition that RCPI’s service was inadequate and on Section 21 as authority for the imposition of fines for unsatisfactory public service.

Ruling of the Supreme Court

The Court agreed with petitioner RCPI and found that the Board of Communications lacked jurisdiction to take cognizance of the complaints and to impose the disciplinary fines. The Court reversed and set aside the Board's decisions in BC Case No. 75-01-OC and BC Case No. 75-08-OC, declared them null and void for lack of jurisdiction, and ordered no costs. The Court relied on prior authorities holding that regulatory bodies such as the Public Service Commission and its successor, the Board of Communications, are creatures of statute and possess only such powers as the legislature expressly or by necessary implication confers.

Legal Basis and Reasoning

The Court reiterated that the functions of the Public Service Commission and, as its successor, the Board of Communications, are administrative and limited to powers expressly granted by statute. The Board, as successor in interest to the Public Service Commission, exercises the same powers, jurisdiction, and functions established under the Public Service Act. The Court observed that Section 129 of the Public Service Act authorizes the issuance of certificates of public convenience, but that this authority does not extend to supervisory control over matters unrelated to the issuance or performance of such certificates. The Court explained that Section 21 of Commonwealth Act No. 146 subjects a public service to a fine for violation or failure to comply with the terms and conditions of any certificate or with any orders, decisions, or regulations of the Commission. The Court found that in the two cases the complaints alleged breaches of contractual obligation through negligence or quasi-delict under Articles 1170 and 2176 of the Civil Code, and did not charge RCPI with violation of the terms and conditions of its certificate of public convenience or any order, decision, or regulation of the Board. Because the charges did not concern compliance with RCPI's certificate or with Board orders, the Court held that the Board had no authority under Section 21 to impose the P200 fines. The Court cited earlier decisions including Filipino Bus Co. vs. Phil. Railway Co., and Batangas Laguna Tayabas Bus Co. vs. Public Service Commission, and quoted the Court’s pronouncement in Francisco Santiago vs. RCPI and Constancio Langan vs. RCPI that the Public Service Commission lacked power to impose fines for negligence or misfeasance where no statutory authority existed: "The

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