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Boiser vs. NTC, 169 SCRA 198 (Case Digest)

This case involved a dispute over a radio station license between petitioner Erdulfo C. Boiser and respondent Philippine Long Distance Telephone Co. (PLDT). The Supreme Court ruled that the petitioner had no legal interest to intervene in an administrative case before the National Telecommunications Commission regarding PLDT's violations related to an expired radio station license. The Court also noted that the issues had already been adjudicated with finality in previous cases based on the doctrines of res judicata and "law of the case".

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138 views1 page

Boiser vs. NTC, 169 SCRA 198 (Case Digest)

This case involved a dispute over a radio station license between petitioner Erdulfo C. Boiser and respondent Philippine Long Distance Telephone Co. (PLDT). The Supreme Court ruled that the petitioner had no legal interest to intervene in an administrative case before the National Telecommunications Commission regarding PLDT's violations related to an expired radio station license. The Court also noted that the issues had already been adjudicated with finality in previous cases based on the doctrines of res judicata and "law of the case".

Uploaded by

Ayc
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Boiser vs.

NTC, 169 SCRA 198

FACTS:
Petitioner Erdulfo C. Boiser operates and maintains a telephone system in the City of Tagbilaran and the
entire province of Bohol. Petitioner and Philippine Long Distance Telephone Co. (PLDT) entered into an
Interconnecting Agreement. PLDT obtained License No. 9779 for petitioner from the NTC Radio Control
Board. After the Agreement, the license expired yet PLDT continued to operate. Because of this,
Administrative Case No. 82-123 was instituted before the NTC. Petitioner filed a motion to intervene since
the administrative case involved License No. 9779 but this was denied by the NTC, the Intermediate
Appellate Court (IAC), and with finality, by the Supreme Court. NTC then rendered a decision finding
PLDT liable for not having a radio station license since 1979. Petitioner filed this petition for certiorari
seeking to declare as null and void the aforesaid NTC decision and alleged that the same was rendered
without due process of law and with grave abuse of discretion tantamount to excess of jurisdiction.

ISSUE:
Whether or not the petitioner has any cause of action against the public respondent NTC?

RULING:
NO. Petitioner has no legal interest whatsoever as would entitle him to intervene in NTC Administrative
Case No. 82-123. Administrative Case No. 82-123 merely relates to violations of PLDT of the provisions
of Act No. 3846 in its using an unauthorized frequency and operating a radio station with an expired radio
station license.

Petitioner by filing the present petition has sought to revive the same cause which has already been
adjudicated with finality by the Intermediate Appellate Court and this Court. We have always frowned on
such practice of repeated litigations of identical parties and issues already decided with finality by this
Court under the doctrine of res judicata. Furthermore, the the doctrine of the "Law of the Case" which
states that whatever has once been irrevocably established as the controlling legal rule of decision
between the same parties in the same case continues to be the law of the case, whether correct on
general principles or not, so long as the facts on which such decision was predicated continue to be the
facts of the case before the Court.

Settled jurisprudence dictates that the stamp of finality rendered by the doctrine of res judicata does not
only include every matter which was offered and received to sustain or defeat the claim but any other
admissible matter which might have been offered in evidence for that purpose and of all matters that
could have been adjudicated in that case.

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