Revised Rules of Procedure Before NTC

The rules are summary in nature.
They must be liberally construed to protect public interest and facilitate just, speedy, and inexpensive case resolution.

In absence of specific provisions, the Rules of Court and jurisprudence apply by analogy or supplement to expedite case disposition.

Applicant: person seeking NTC authorization or certificate of public convenience/necessity.
Oppositor: person with substantial pecuniary interest opposing the application.
Complainant: person filing a complaint against a public service operator.
Respondent: public service operator complained against or party against whom relief is sought.
Petitioner: party filing petitions seeking preventive remedies or reliefs from NTC acts.
Solicitor General may represent consumers opposing rate approvals.
Consumers opposing rates represented by multiple attorneys may appoint two representatives.

Must be typewritten or printed double-spaced on legal size paper, filed in quintuplicate with necessary caption, title, signature, and address.
Pleadings require verification and supporting affidavits/documents.
Applications seek authorization stating ultimate facts and may include a general prayer for relief.
Complaints state concise ultimate facts and relief sought.
Petitions relate to jurisdictional controversies.
Answers must be filed within 10 days, admitting or denying allegations and stating defenses.
Pleadings may be amended before hearing as a matter of right or later with NTC leave.
Amendments to conform to evidence and directed amendments by NTC are allowed.
Pleadings may be withdrawn before a responsive pleading is filed.

Procedural and interlocutory relief sought by motion must state grounds and be in writing, except oral motions during hearings.
Motions require notice at least three working days before hearing, except for good cause.
Proof of service required before NTC acts on motion.
Ex-parte motions rare, allowed only for urgent necessity without impairing opposition rights.
Facts in motions may be supported by affidavits or oral testimony.

Begun by filing application with fee.
Application must contain a concise statement of proposed service and ultimate facts.
If based on a franchise or contract, salient provisions and copies must be attached.

NTC Secretariat issues docket and notice of hearing.
Applicant must publish hearing notice once in newspaper of general circulation 15 days before hearing.
Notice and application copies served to affected parties.

Written opposition stating rights affected and grounds must be filed within notice period.

Complaints initiate action for penalties or disciplinary measures against certificate holders or unlicensed operators.
Filed by appropriate NTC unit or private persons.
Must state complainant/respondent names, violations, acts or omissions, and details of offense.
Separate offenses charged separately.

NTC may issue order requiring respondent to show cause within 72 hours why certification should not be suspended/cancelled.
Used in serious cases causing public detriment or willful violation.
NTC may suspend certificate pre-hearing for up to 30 days to prevent damage.

Cases distributed among Commissioners or Legal Officers based on classification.
Mandatory preliminary conference held within 15 days of responsive pleading to encourage settlement and simplify issues.
Settlement agreements must be voluntary and not contrary to law or public policy.
Failure to settle leads to formal hearing with summary proceedings.
Evidence primarily by affidavits submitted 3 days before hearing; cross-examination allowed.
Order of presentation: initiating party, oppositor, cross-examination, rebuttal.
Uncontested cases may be decided on the basis of pleadings and affidavits.
Consolidation of cases allowed for common questions.
Parties may appear personally or via licensed attorneys.
Notice of hearings and proof of service required.
Depositions allowed for distant witnesses.
Proceedings may be stenographically recorded; summaries made if stenographer absent.
Successive absences by complainant or respondent have specific consequences including dismissal or ex-parte evidence.
Dismissed cases may be revived within 10 days.
Postponements limited to 15 days.
Aim to complete hearings within 90 calendar days excluding preliminary conference.

Orders, resolutions, decisions rendered by Commissioner and must be in writing with clear factual and legal basis.
Provisional relief may be granted based on pleadings and affidavits pending final decision.
Final decision rendered within 30 days of case submission.
Decisions take immediate effect and become final after 30 days unless appealed.
NTC compiles and publishes all decisions.

Motion for reopening allowed after evidence presentation if new facts or changes arise.
Motion for reconsideration to be filed within 15 days from receipt of decision; generally only one motion per party.
Hearing on motions held after proper service.
Opposition to motions allowed.
Appeals to Supreme Court within 30 days, following Rules of Court.
Appeals generally do not stay the execution of order.

Interested parties may petition to reconstruct lost/destroyed records.
Petition states case title, parties, case number, reasons for loss, and efforts to locate records.
Notice and publication as per rules on applications.
Rules for certificate issuance applications apply.
After hearing, NTC may grant or deny petition.