Scope, purpose, and liberal construction
- These rules govern pleadings, practice, and procedure before the Commission in all matters of hearing, investigation, and proceedings within the Commission’s jurisdiction.
- The Commission may, in the broader interest of justice and in order to best serve the public interest, except a particular matter from these rules and apply suitable procedure to improve the service in the transaction of public business and the disposition of cases filed before it.
- These rules are summary in nature.
- These rules must be liberally construed to protect and promote public interest and to assist parties in obtaining a just, speedy, and inexpensive determination of every action or proceeding.
Governing definitions and construction rules
- These rules define “Revised Rules” as the amended Revised Rules of Practice and Procedure before the Commission.
- These rules define “Commission” as the National Telecommunications Commission.
- These rules define “Act” as Executive Order No. 546 dated July 23, 1979.
- When no applicable provision exists in these rules, pertinent provisions of the Rules of Court of the Philippines and prevailing jurisprudence may be applied by analogy or in a suppletory character and effect, to effectuate the objectives of Sections 14 to 16 of Executive Order No. 546 and to promote expeditious disposition of pending cases, whenever practicable and convenient.
Parties and appearance rules
- An applicant is any person applying to the Commission for a Certificate of Public Convenience and/or Necessity to operate public communication utilities and services or for any form of authorization within the Commission’s regulatory powers.
- An oppositor is any person with a substantial interest capable of pecuniary estimation in an application or in the subject matter of the application, adverse to the applicant, who opposes the application.
- A complainant is any aggrieved person who files a complaint with the Commission, and the public service operator complained of is the respondent.
- In petitions seeking preventive remedies for violation of a certificate of public convenience and/or necessity or any form of authorization, or for relief from orders, rulings, regulations, standards, specifications, or any act of the Commission: the filing party is the petitioner and the holder of the certificate or authorization sought to be punished or the grantee of the complained order, ruling, regulations, standard, specification, or act is the respondent.
- The appearance of the Solicitor General in behalf of the public in applications for approval of rates is treated as representation of all individuals, consumers, or users who filed written opposition and who are not represented by counsel.
- If individual users or entities opposing rate applications are represented by several attorneys, they must choose not more than two (2) among themselves, and the Commission allows the chosen attorneys to conduct the proceedings on behalf of all oppositors.
- Parties may appear in person or by an attorney admitted to practice law in the Philippines who is a member in good standing of the Philippine Bar, and counsel appearances follow the Rules of Court.
Pleadings and motions requirements
Pleadings must be in any official language, typewritten or printed double space on legal size white bond paper.
Pleadings must be filed in quintuplicate with the Secretariat of the Commission.
Every pleading must contain a caption, title, signature, and address, and must state ultimate facts in a plain, concise, and direct manner.
Pleadings must be verified and accompanied by affidavits of merit and other documents that substantially establish the truth of the factual allegations.
An application must state the ultimate facts qualifying the applicant for the requested certificate or authorization, and may include a general prayer for further relief.
When an application relies on a franchise, sale, lease, mortgage, or other contract, the application must implead the franchise or contract by alleging salient provisions and appending a copy of the franchise and contract.
A complaint must state ultimate facts within the Commission’s regulatory power and must specify the relief sought.
A petition may be filed by one who is a party to any hearing or proceeding, or who is subject to the Commission’s jurisdiction concerning a controversy over a matter within the Commission’s jurisdiction.
When an order is issued to show cause or to summon a respondent to answer, the respondent must file an answer within ten (10) days from receipt of the order; the answer must admit or deny material allegations and state matters of fact and law relied upon, and attach documents and affidavits in proof.
The respondent may pray for affirmative relief in the answer.
Pleadings may be amended as a matter of right before the case is set for hearing; thereafter, amendments require leave of the Commission.
If a responsive pleading has been filed, a copy of the amended pleading must be served on the oppositor or respondent; the latter may amend the opposition or answer within five (5) days from receipt of the amended pleading and thereafter only with leave of the Commission.
Issues introduced by express or implied consent are treated as if raised in the pleadings.
If evidence on new issues is objected to for not being within issues raised in the pleadings, the Commission may allow amendment and receive the evidence when doing so serves the merits without prejudicing public interest or the rights of the parties, and the Commission may grant a continuance to enable the objecting party to meet the evidence.
The Commission may direct a party to amend a pleading to state the case more fully or in more detail; the amendment must be reduced to writing and filed within a fixed time and must comply with pleading requirements insofar as appropriate.
Before a responsive pleading is filed, a party may withdraw the pleading by filing notice with the Secretariat; an oppositor may withdraw opposition any time, subject to Commission approval.
Any procedural or interlocutory ruling or relief may be sought by motion; the motion must state the ruling or relief sought, the grounds, and may include supporting affidavits and documents.
Written motions must be served upon all parties at least three (3) working days before hearing, unless made during a hearing (oral upon the record unless the Commission requires separate written filing).
Written motions must contain a notice of hearing with specified date and time, and the Commission may hear on shorter notice for good cause shown.
The Commission cannot act on a motion without proof of service on all parties, except when the Commission is satisfied that adverse parties’ rights are not affected.
When service is by mail, the addressee is deemed to have received notice within ten (10) days if residing in Luzon, fifteen (15) days if residing in Visayas or Mindanao.
Submission of registry receipts with the affidavit of mailing satisfies proof of service.
Ex-parte motions are allowed only for provisional authorization of proposed services and increase of rates; otherwise they require urgent necessity and must not substantially impair the right of the opposing party.
Facts alleged in a motion or opposition not appearing in the record may be proved by affidavits or sworn documents, and the Commission may require oral testimony.
Filing, service, and publication mechanics
- All pleadings, motions, documents, and other papers required or allowed must be filed with the Secretariat of the Commission.
- The Secretariat accepts only papers conforming to formal requirements; acceptance does not waive failure to comply with the rules, and such failure may cause striking of all or part of the filed paper.
- Papers tendered for filing must show proof of service upon all parties, made by personal delivery or registered mail with postage prepaid, consisting of one (1) confirmed copy to each party plus all annexes.
- When a party appears by attorney, service is made upon the attorney or any attorney of record.
- Decisions, orders, and resolutions are served upon parties who entered appearance by personal delivery or by mailing copies to counsel, if any; otherwise service is upon the parties themselves.
- The Commission may extend fixed filing periods for good cause upon motion made before the expiration of the period, and may allow or admit pleadings filed after the time fixed on just terms.
Applications: hearing notice, publication, and opposition
Any proceeding to obtain a certificate of public convenience or any form of authorization is commenced by filing the corresponding application and paying the required fee.
The Secretariat must promptly docket the application, issue the notice of hearing, and forward it to the proper department/division after filing and fee payment.
The applicant must publish the notice of hearing once in one (1) newspaper of general circulation at least fifteen (15) days before the hearing date.
The applicant must also serve copies of the notice of hearing and copies of the application to affected parties as furnished by the Commission.
Compliance with publication and notice to affected parties must follow Memorandum Circular No. 6-3-91 dated 15 March 1991, and the initial hearing referred to therein is treated as the Mandatory preliminary conference/s.
An opposition may be filed within the time stated in the notice of hearing.
The opposition must be written and is not a motion to dismiss.
The oppositor must state the right or interest affected and the ultimate facts constituting grounds of opposition.
Complaints and summary show-cause proceedings
A complaint commences actions to impose penalties, disciplinary or other measures in the public interest, for violations of the Act, certificate terms and conditions, or any Commission order, decision, or regulation.
Complaints are filed in the name of the appropriate unit of the Commission, including:
- complaints based on official Commission reports,
- complaints based on sworn statements of public utility users or private individuals,
- complaints made by competing operators,
- complaints based on any person deputized in writing.
A sufficient complaint must contain: the name of the complainant/offended party; the name of respondent; a reference whenever practicable to the Public Service Act as amended, certificate, order, decision, or regulation violated; the acts or omissions complained of; and the date, hour, and place of the offense.
When two or more offenses are charged in one complaint, each offense must be separately alleged.
After certification that a complaint is sufficient in form and substance, the Secretariat must issue summons with a copy of the complaint.
Summons must direct the respondent to answer within five (5) days from receipt and to appear and produce evidence on the stated date and hour.
Within the summons period, the respondent must file a written answer (not a motion to dismiss) and serve a copy on the complainant; the answer must admit or deny material allegations and state all lawful defenses, including grounds for a motion to dismiss.
The Commission may, in its discretion, issue a summary order to show cause instead of proceeding on the complaint procedure.
A summary proceeding may be based on a report of authorized Commission personnel or a credible sworn statement of the offended party.
The respondent operator must appear before the Commission within seventy-two (72) hours from receipt of the order and show cause why the certificate should not be cancelled or suspended.
The summary proceeding applies only in cases where continued acts of the public utility operator cause serious detriment to public interest.
The summary proceeding applies also in cases of willful or contumacious refusal by an operator to comply with a Commission order, rule, or regulation, or any provision of the Public Service Act as amended.
For good cause, the Commission may suspend, prior to hearing, for a period not exceeding thirty (30) days, any certificate or the exercise of any right or authority issued or granted under the Act when necessary to avoid serious and irreparable damage or inconvenience to the public or private interests.
The order to show cause must include a statement in substance of the violation reported or complained of, and where practicable must append a copy of the report or complaint relied upon.
Common hearing procedure and timelines
All cases filed before the Commission must be equitably distributed among the Commissioner, Deputy Commissioners, and Legal Officers in the Legal Services Department, including its Chief, for hearing.
Cases must be classified as Common Carrier Authorization (CCA), Broadcast Authorization (BCA), Cable Television Authorization (CATV), and Administrative Complaints (ADM), and distribution must ensure each hearing officer handles classifications equally.
Hearing Officers must conduct a mandatory preliminary conference in all contested authorization cases and administrative complaints assigned to them.
The preliminary conference must aim to encourage amicable settlement, simplify issues, determine necessity/desirability of amending pleadings, consider stipulations or admissions, limit witnesses, and address other matters aiding prompt disposition.
The preliminary conference must be conducted within fifteen (15) days from filing of comment or opposition by affected parties in authorization cases, or from the respondent’s answer in administrative complaints.
All parties and their attorneys must attend the preliminary conference.
Presence of the party is indispensable unless represented by counsel authorized to enter into compromise on any or all matters taken up.
If at the preliminary conference facts exist or were duly admitted or stipulated so a decision may be made, a judgment based thereon or summary judgment may be rendered as justice requires.
Any settlement during the preliminary conference on the whole or part of the dispute must be reduced to writing and signed by the parties and their respective counsels, if any, before the hearing officer; the Commission must approve after determining it was voluntarily entered into.
A compromise agreement entered into without the hearing officer before whom the case is pending must be approved by the Commission if, after confronting the parties, it is established that they understand the terms, it was entered freely and voluntarily, and it is not contrary to law, morals, and public policies.
If parties fail to agree, the hearing officer issues an order stating matters taken up and agreements reached during conferences and directs parties to appear at a formal hearing on a mutually agreed date and time.
Proceedings before the officer hearing the case are summary in nature.
Cases must be resolved on the basis of pleadings, affidavits, and other documents submitted, and only verified pleadings and documents carry probative value.
Direct testimony must be contained in an affidavit submitted to the hearing officer at least three (3) days before scheduled hearing, with proof of actual service on the opposing party/counsel, and documents referred to must be attached to the affidavit.
The order of presentation of evidence must be followed: (1) initiating party presents affidavits, supporting documents, and additional evidence; (2) opposing party presents evidence against the relief; (3) cross-examination is subject to the hearing officer’s control over pertinence/materiality/relevance; (4) rebuttal or surrebuttal may be allowed at the hearing officer’s discretion.
The Commission may dispose of uncontested cases by granting relief forthwith when in the public interest and there is no opposition, based on pleadings, supporting affidavits, and documents.
The Commission may consolidate cases with common questions of fact or law on its own initiative or on motion; it may also conduct joint hearings, but a separate hearing may be held on issues peculiar only to the movant upon motion of the interested party.
Mandatory preliminary conferences and hearings must be conducted with notice to all parties on record of time and place.
Proof of service for notice must follow Section 4 Rule IV of these rules.
Depositions may be authorized when witnesses reside in distant places making personal appearance inconvenient and expensive; at the written request of any party, the Commission may authorize a municipal or city judge or a Clerk of Regional Trial Courts to take depositions substantially in accordance with Rule 14 of the Rules of Court.
Depositions taken under this procedure are considered submitted for decision after completion of filing with the Secretariat unless the Commission orders otherwise.
Conferences and hearings may be stenographically recorded by the Commission’s official stenographer; the transcript forms part of the case records.
Parties may obtain copies of stenographic transcripts from the official stenographer upon payment of required fees.
The hearing officer may proceed without a stenographer if a written summary of matters taken up and the substance of evidence presented is prepared in consultation with the parties, signed by the parties and the hearing officer, and forms part of records.
Two successive absences at a conference/hearing by the complainant, applicant, or petitioner who was duly notified may cause dismissal without prejudice; with proper justification shown by proper motion, the hearing officer must call a second hearing and continue proceedings until final decision.
Dismissal for the second time due to unjustified non-appearance of the duly notified complainant, applicant, or petitioner must be with prejudice.
Two successive non-appearances by the respondent, contestant, or oppositor during the complainant/applicant/petitioner’s evidence, despite due notice, entitle the latter to present evidence ex-parte; after completion, another notice of hearing must issue for reception of the respondent’s evidence, with warning that failure to appear constitutes submission for resolution.
Two successive unjustified non-appearances by the respondent, contestant, or oppositor during the term to present evidence, despite due notice, cause the case to be considered submitted for decision based on evidence already presented.
A party may file a motion to revive or reopen a case dismissed without prejudice within ten (10) calendar days from receipt of the dismissal order; otherwise the remedy is to re-file the case.
Postponements or continuance may be allowed only on meritorious ground and shall not exceed fifteen (15) days from the date of resetting.
Hearings in authorization cases (contested or uncontested) and administrative complaints must, as much as practicable, be completed within ninety (90) calendar days from the date of the first hearing, excluding the period for the mandatory preliminary conference from that ninety (90) calendar-day completion period.
Decisions, execution, reconsideration, and appeal
All orders, resolutions, and/or decisions in cases within the Commission’s jurisdiction are rendered by the Commissioner and must be signed by the Commissioner.
Decisions, orders, rulings, and resolutions determining merits must be in writing stating clearly and distinctly the facts and the law on which based.
Written orders are filed with the Secretariat, which must promptly serve true copies upon counsel if any, otherwise upon the parties.
Upon filing of an application, complaint, or petition or at any stage thereafter, the Commission may, in its discretion, grant provisional relief prayed for upon motion based on the pleadings with affidavits and supporting documents, without prejudice to final decision after completion of hearing.
The Commission must render final decisions, orders, or resolutions in all applications, petitions, or complaints within thirty (30) days from the date the case was considered submitted for decision on the merits.
Final orders, resolutions, or decisions may grant other reliefs, impose conditions, or fix terms deemed necessary to promote public interest.
All Commission orders, decisions, and resolutions take effect immediately.
Unless appealed, they become final upon expiration of thirty (30) days from notice to all parties.
The Secretariat must compile all orders, decisions, and resolutions, including final decisions of the Supreme Court on appeal if any, and cause them to be printed by the Bureau of Printing in bound and numbered volumes.
A motion for reopening may be filed by any party after evidence completion but before promulgation of decision/order/resolution if transactions, events, or matters factual or legal arise during that period resulting in a changed situation of the parties.
A party adversely affected by a final decision, order, or resolution may file a motion for reconsideration within fifteen (15) days from receipt of the decision/order/resolution.
Only one motion for reconsideration by each party is entertained unless the Commission allows otherwise.
Motions under this rule must be served upon all parties on record and set for hearing not less than three (3) days from service.
Any party may oppose the motions and must serve a copy of the opposition upon the movant, with supporting affidavits and documents.
Any party adversely affected by an order, decision, or resolution may within thirty (30) days from notice petition the Supreme Court to review the same under Rule 44 of the Rules of Court.
In proper cases, the aggrieved party may avail of a petition for certiorari under Rule 65 of the Rules of Court.
Unless the Supreme Court directs otherwise, appeal does not stay execution of the Commission’s order, ruling, decision, or resolution.
Until the Supreme Court provides otherwise, the procedure under Rule 44 of the Rules of Court applies to the appeal.
Reconstitution of records and miscellaneous effects
Any interested party may petition for reconstitution of lost or destroyed records of any case or proceeding before the Commission or of the defunct Board of Communication or Public Service Commission.
The petition must be in writing, served with a copy on all affected parties, and must state the title and parties in the case/proceeding to be reconstituted, the case number, the reasons for destruction or loss if known, and that all means to locate the records have been exhausted without success.
Rule on notice and publication for hearings in petitions for reconstitution must follow Rule 8 of these rules, unless certified otherwise by the Commission with jurisdiction over the subject matter of the records sought to be reconstituted.
For reconstitution of lost or destroyed records, the rules governing application for issuance of certificate of public convenience in Part II apply.
After hearing the parties, the Commission may grant or deny the petition based on available records and the testimony of witnesses, or issue such orders as justice requires.
All prior rules, regulations, guidelines, or practices followed before the Commission that are inconsistent with these rules are repealed.