RADIO COMMUNICATIONS OF THE PHILIPPINES, INCORPORATED (RCPI), petitioner

vs.
NATIONAL TELECOMMUNICATIONS COMMISSION (NTC) and KAYUMANGGI RADIO NETWORK
INCORPORATED, respondents.
G.R. No. L-68729
29 May 1987

Doctrine:

Where the statutory norm speaks unequivocally, there is nothing for the courts to do except to apply it.
The law, leaving no doubt as to the scope of its operation, must be obeyed.

Facts:

Since 1957, RCPI has been operating a radio communications system under a legislative franchise
granted by Republic Act No. 2036. The petitioner established their operations in Sorsogon, Sorsogon
(1968), in San Jose, Mindoro (1971), and in Catarman, Northern Samar (1976).

On the other hand, Kayumanggi Radio Network Incorporated was given an authorization in 1980 by
the National Telecommunications Commission to operate in the same areas. In 1983, Kayumanggi
filed a complaint in NTC alleging that RCPI has been operating without a certificate of public
convenience and necessity.

The petitioner, then, countered that its services are covered by the legislative franchise recognized by
both the NTC and its predecessor, the Public Service Commission. Furthermore, RCPI argued that
their operation has been existing long before Kayumanggi’s establishment in the same places.

The court ruled against RCPI, thereby affirming Kayumanggi’s petition. NTC immediately released an
immediate cease and desist order, prohibiting petitioner’s operations in the three areas. As a counter,
RCPI filed a motion for reconsideration which sought to reverse the public respondent’s decision.

Issue:

Whether or not petitioner RCPI, a grantee of a legislative franchise to operate a radio company, is
required to secure a certificate of public convenience and necessity before it can validly operate.

Ruling:

There is no merit in the petitioner’s contention. RCPI is still required to secure a certificate of public
convenience and necessity before it can validly operate. The abolition of the Public Service
Commission, the predecessor of the NTC, under Presidential Decree No. 1 and the creation of NTC
under Executive No. 546 to replace the defunct Public Service Commission did not affect the sections
14 and 15 of the Public Service Law. It was clearly stated in the two provisions that the aforementioned
document or certification is a prerequisite in the commencement of any public service operation,
including their franchise, equipment, and properties. EO 546, being an implementing measure of PD
No. 1 insofar as it amends the Public Service Law is applicable to the petitioner who must be bound by
its provisions. It is clear and equivocal that petitioner cannot install and operate on the basis of its
legislative franchise alone. Securing a certificate of public convenience and necessity is an expressed
provision which mandates one’s compliance thereof.