Eastern Telecommunication Philippines, Inc. vs.

ICC
G.R. No. 135992, July 23, 1994

FACTS:
 The case involves a petition filed by Eastern Telecommunications Philippines, Inc. (ETPI)
and Telecommunications Technologies, Inc. (TTPI) against International Communication
Corporation (ICC).
 The petitioner, TTPI, is an affiliate of ETPI, was granted by the National
Telecommunication Commission (NTC) a provisional authority in September 1996 to
install operate and maintain local exchange service in provinces of Batanes, Cagayan
Valley, Isabela, Navotas, Manila etc.
 However, ICC applied for and was given a provisional authority by the NTC a provisional
authority to install and operate a local exchange in Manila and Navotas – these were
already covered by TTPI under its provisional authority.
 Aggrieved, the petitioners filed a petition for review with the CA, contending that NTC
committed grave abuse of discretion in granting provisional authority to ICC.
 CA dismissed the petition.
 Hence, the present petition

ISSUES:
W/N NTC committed grave abuse of discretion in granting provisional authority to ICC.

RULING:

NO. The Court ruled in favor of NTC and sustained NTC’s grant of provisional authority to ICC.
The Court held that the power of the NTC to grant a provisional authority has long been settled.
As the regulatory agency of the national government with jurisdiction over all
telecommunication entities, it is clothed with authority and given ample discretion to grant a
provisional permit or authority. Moreover, the exercise of administrative discretion is a policy
decision and a matter that can be discharged by the government agency, and not by the courts.
Here, in granting ICC the provisional authority to operate a local exchange service in Navotas
and Manila area, the NTC took into consideration ICC’s financial and technical resources and
found them to be adequate.
Thus, NTC did not commit grave abuse of discretion in granting provisional authority to ICC.