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    Republic Vs Extelcom

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    Rogie Apolo
    The National Telecommunications Commission granted a provisional authority to operate a cellular network to Bayantel using its 1987 rules. Extelcom argued that the 1993 revised rules, which removed the phrase allowing such authorizations "on its own initiative", should have been used since they were filed with the UP Law Center. However, the Supreme Court held that for rules to take legal effect, they must be published in the Official Gazette or a newspaper, not just filed elsewhere. Filing with the UP Law Center alone was not enough to give the revised rules force over the 1987 version still in effect.

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    Republic Vs Extelcom

    Uploaded by

    Rogie Apolo
    90 views1 page
    The National Telecommunications Commission granted a provisional authority to operate a cellular network to Bayantel using its 1987 rules. Extelcom argued that the 1993 revised rules, which removed the phrase allowing such authorizations "on its own initiative", should have been used since they were filed with the UP Law Center. However, the Supreme Court held that for rules to take legal effect, they must be published in the Official Gazette or a newspaper, not just filed elsewhere. Filing with the UP Law Center alone was not enough to give the revised rules force over the 1987 version still in effect.

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    extelcom case

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    Republic vs Extelcom

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    The National Telecommunications Commission granted a provisional authority to operate a cellular network to Bayantel using its 1987 rules. Extelcom argued that the 1993 revised rules, which removed the phrase allowing such authorizations "on its own initiative", should have been used since they were filed with the UP Law Center. However, the Supreme Court held that for rules to take legal effect, they must be published in the Official Gazette or a newspaper, not just filed elsewhere. Filing with the UP Law Center alone was not enough to give the revised rules force over the 1987 version still in effect.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    90 views1 page

    Republic Vs Extelcom

    Uploaded by

    Rogie Apolo
    The National Telecommunications Commission granted a provisional authority to operate a cellular network to Bayantel using its 1987 rules. Extelcom argued that the 1993 revised rules, which removed the phrase allowing such authorizations "on its own initiative", should have been used since they were filed with the UP Law Center. However, the Supreme Court held that for rules to take legal effect, they must be published in the Official Gazette or a newspaper, not just filed elsewhere. Filing with the UP Law Center alone was not enough to give the revised rules force over the 1987 version still in effect.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Republic vs Extelcom, [373 SCRA 316; GR

    147096, January 15, 2002]


    Posted by Pius Morados on November 9, 2011

    (Administrative Law, quasi-legislative power, proper procedure, filing and publication)


    Facts: National Telecommunications Commission (NTC) granted Bayantel the provisional authority to operate a
    Cellular Mobile Telephone System/Service (CMTS) on its own initiative applying Rule 15, Section 3 of its 1987 Rules
    of Practice and Procedures.
    Respondent Extelcom contends that the NTC should have applied the Revised Rules which were filed with the Office
    of the National Administrative Register where the phrase “on its own initiative” were deleted and since the 1993
    Revised Rules were filed with the UP Law Center.

    Issue: WON the 1993 Revised Rules which was filed in the UP Law Center is the law in force and effect in granting
    provisional authority.

    Held: No. There is nothing in the Administrative Code of 1987 which implies that the filing of the rules with the UP
    Law Center is the operative act that gives the rules force and effect. The National Administrative Register is merely a
    bulletin of codified rules. Publication in the Official Gazette or a newspaper of general circulation is a condition sine
    qua non before statutes, rules and regulations can take effect.

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