This case has been cited 2 times or more.
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2005-10-20 |
QUISUMBING, J. |
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| Jurisprudence abounds on the subject that a motion for reconsideration is a prerequisite for the filing of a special civil action for certiorari.[14] A literal interpretation of this prerequisite would require a motion for reconsideration of the NLRC decision, which granted a previous motion for reconsideration and reversed a prior decision. After all, the second decision is considered as entirely new. | |||||
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2004-07-23 |
AUSTRIA-MARTINEZ, J. |
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| Recently, in Pilipino Telephone Corporation vs. NTC,[18] the Court had occasion to rule on a case akin to the present dispute, involving the same respondent ICC, and the Pilipino Telephone Corporation (Piltel). In the Piltel case, ICC applied for a provisional authority to operate a local exchange service in areas already covered by Piltel, which includes Misamis Occidental, Zamboanga del Sur, Davao del Sur, South Cotabato and Saranggani. Piltel opposed ICC's application but the NTC denied it, and granted ICC's application. The Court of Appeals dismissed Piltel's petition for review, and on certiorari before this Court, we affirmed the dismissal. The Court found that the NTC did not commit any grave abuse of discretion when it granted the ICC a provisional authority to operate in areas covered by Piltel. We held: We will not disturb the factual findings of the NTC on the technical and financial capability of the ICC to undertake the proposed project. We generally accord great weight and even finality to factual findings of administrative bodies such as the NTC, if substantial evidence supports the findings as in this case. The exception to this rule is when the administrative agency arbitrarily disregarded evidence before it or misapprehended evidence to such an extent as to compel a contrary conclusion had it properly appreciated the evidence. PILTEL gravely failed to show that this exception applies to the instant case. Moreover, the exercise of administrative discretion, such as the issuance of a PA, is a policy decision and a matter that the NTC can best discharge, not the courts. | |||||