QuestionsQuestions (NTC)
The rules are titled the “Revised Rules of Practice and Procedure before the National Telecommunications Commission.” Their scope covers pleadings, practice, and procedure before the NTC in all hearing, investigation, and proceedings within the Commission’s jurisdiction, but the NTC may, in the interest of justice and public interest, except a particular matter from these rules and apply suitable procedure.
The rules are summary in nature and should be liberally construed to protect and promote public interest and assist parties in obtaining a just, speedy, and inexpensive determination of every action or proceeding.
In the absence of an applicable provision in the NTC Revised Rules, and to effectuate the objectives of Executive Order No. 546 (including expeditions), the pertinent Rules of Court provisions and prevailing jurisprudence may be applied by analogy or in a suppletory character whenever practicable and convenient.
(1) Application: Applicant (person applying) and Oppositor (person with substantial adverse pecuniary interest). (2) Complaint: Complainant(s) (aggrieved filer) and Respondent (public service operator complained of). (3) Petition: Petitioner (filer seeking preventive remedies/relief) and Respondent (holder of certificate/authorization or grantee of the questioned NTC action).
If individual users/entities opposing the application for approval of rates are represented by several attorneys, they shall choose not more than two among themselves who may conduct the proceedings on behalf of all oppositors as allowed by the NTC.
Pleadings must be in any official language, typewritten or printed double space on legal size white bond paper, and filed in quintuplicate with the Secretariat of the NTC. Each pleading must have a caption, title, signature, and address, and must contain, in logical form, a plain, concise, and direct statement of ultimate facts.
All pleadings must be verified and accompanied by affidavits of merit and such other documents as would substantially establish the truth of the factual allegations.
The respondent must file an answer within ten (10) days from receipt of the order. The answer must admit or deny material allegations, state matters of fact and law relied upon, and attach documents/affidavits in proof. The respondent may also pray for affirmative relief.
Before the case is set for hearing, pleadings may be amended as a matter of right. After that, amendments require leave of the NTC. If a responsive pleading was filed, a copy of the amended pleading must be served; the opposing party may amend his opposition/answer within five (5) days from receipt, and thereafter only with leave of the NTC.
The NTC may, on its own motion or on motion of any party, direct a party to amend his pleading to state the case more fully or in a more detailed manner. The amendment must be reduced to writing and filed within the time fixed, complying with pleading requirements insofar as appropriate.
Motions (unless made during hearing) must be in writing and copies served on all parties at least three (3) working days before the hearing. Written motions must contain a notice setting the hearing date and time; the NTC may shorten notice for good cause.
Ex-parte motions (except motions for provisional authorization of proposed services and increase of rates) may be acted upon only upon showing urgent necessity and that the right of the adverse party is not substantially impaired.
When service is by mail, the addressee is deemed to have received notice within ten (10) days from mailing if residing in Luzon, fifteen (15) days if in Visayas and Mindanao. Registry receipts plus an affidavit of mailing are sufficient proof of service.
A sufficient complaint must include (1) name of complainant/offended party, (2) name of respondent, (3) reference (whenever practicable) to the Public Service Act provision as amended, certificate/order/decision/regulation violated, (4) the acts/omissions complained of as the offense, and (5) date, hour, and place. If two or more offenses are charged in one complaint, each offense must be separately alleged.
Based on an authorized personnel’s report or a credible sworn statement, the NTC may issue an order directing the respondent to appear within seventy-two (72) hours from receipt to show cause why certificate should not be cancelled or suspended. It is discretionary and limited to cases where continued acts cause serious detriment to public interest, or in willful/contumacious refusal to comply with NTC orders/rules/regulations or provisions of the Public Service Act. The NTC may prior to hearing suspend for up to thirty (30) days to avoid serious and irreparable damage or inconvenience.
All Hearing Officers must conduct a preliminary conference on all contested authorization cases and administrative complaints assigned to them. It aims to encourage amicable settlement, simplify issues, determine need for amendment, stipulations/admissions, limit witnesses, and aid prompt disposition. It must be conducted within fifteen (15) days from filing of comment/opposition in authorization cases, or from the respondent’s answer in administrative complaints. All parties and attorneys must attend unless the party is represented by counsel duly authorized to compromise.
If parties fail to agree, the Hearing Officer issues an Order stating matters taken up and directs parties to appear at a formal hearing on a mutually agreed date/time. Proceedings before the Hearing Officer are summary in nature; whenever practicable, cases are resolved based on pleadings, affidavits, and other documents submitted. Only verified pleadings and documents are accorded probative value.
(a) Two successive absences by complainant/applicant/petitioner despite due notice may result in dismissal without prejudice; if proper justification is shown, reopening may be allowed for a second hearing. A second dismissal due to unjustified non-appearance is with prejudice. (b) Two successive non-appearances by respondent/oppositor during the presentation of complainant/applicant/petitioner’s evidence allows ex-parte evidence for the latter, followed by notice for reception of respondent’s evidence with warning that failure means submission for resolution. (c) Two successive unjustified non-appearances by respondent/oppositor during his term to present evidence means submission for decision based on evidence so far presented.