The Court of Appeals (CA) has turned down the suit by a telecommunications firm against the National Telecommunications Commission (NTC) in connection with its application for a provisional authority to operate a cellular mobile telephone service within specific frequency ranges. In a 16-page decision dated Sept. 28, the CA's Special Ninth Division ruled that NOW Telecom Co. Inc. had not shown a clear legal right to the frequencies it sought and that the NTC had not neglected its duty on the case. 'We should therefore refrain from intervening in the discretionary functions and prerogatives of the Executive department. Moreover, considering that NOW Telecom failed to establish that it has a clear legal right over the concomitant frequencies, this Court is powerless to grant the remedy prayed for in the petition,' the tribunal said. The case involved the firm's request to compel the NTC to comply with the resolution and order of automatic approval (OAA) issued by the Anti-Red Tape Authority (ARTA). NOW Telecom had filed a petition for mandamus under Rule 65 of the Revised Rules of Court, seeking to compel the NTC and its then Commissioner Gamaliel Cordoba to adhere to ARTA's resolution and OAA both dated March 1, 2021.
Source: Philippines News Agency