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GMCR, Inc., et al. vs. Bell Telecom Phil., Inc., et a.

GMCR, INC.; SMART COMMUNICATIONS, INC.; INTERNATIONAL COMMUNICATIONS CORP.; ISLA COMMUNICATIONS CO., INC., petitioners, vs. BELL TELECOMMUNICATION PHILIPPINES, INC.; THE NATIONAL TELECOMMUNICATIONS COMMISSION and HON. SIMEON L. KINTANAR in his official capacity as Commissioner of the National Telecommunications, respondents.

G.R. No. 126496 | 1997-04-30

D E C I S I O N


HERMOSISIMA, JR., J:

Before us are consolidated petitions seeking the review and reversal of the decision 1 of the respondent Court of Appeals 2 declaring the National Telecommunications Commission (hereafter, NTC) to be a collegial body under Executive Order No. 546 3 and ordering the NTC to heretofore sit and act en banc, i.e., with the concurrence of at least two commissioners, for a valid dispensation of its quasi-judicial functions.

Established by evidence are the following facts:

On October 19, 1993, private respondent Bell Telecommunication Philippines, Inc. (hereafter, BellTel) filed with the NTC an Application...