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Journal For Nur 3393
norma ntc 3393 Motion for Issuance of Cease and Desist Orderciting news articles allegedly confirming that further steps had been undertaken toward the consolidation. The resolution of this prayer necessitates the parties' presentation of evidence.
According to the CA, the NTC is the proper body that can act on the petitioner's factual allegations of market control and norma ntc 3393 because the NTC has the presumed understanding of the market and commercial conditions of the broadcasting industry.
According to the petitioner, the NTC abandoned its duty to issue a cease and desist order despite the petitioner's overwhelming and unrefuted evidence that Skycable, PCC, and Home Cable had already consolidated their operations under the MCA without the prior approval of the NTC and the Congress.
The order would stop the continuing violation of norma ntc 3393 Constitution, the laws,26 Home Cable's certificate of authority, and established jurisprudence.
Norma Tecnica Colombiana Ntc
First, the petitioner delved norma ntc 3393 the merits of the case instead of establishing the alleged grave of abuse of discretion of the NTC. Section 20 g of Commonwealth Act No.
The present case does not involve the petitioner's main complaint before the NTC. Preliminarily, we deny the procedural arguments of Home Cable. We note that the petitioner had attached in its petition the signature page norma ntc 3393 its counsel,36 the verification and certification of non-forum shopping signed by Dick B.
Perez,37 and the Secretary's Certificate authorizing Dick B. Perez to file the petition. We nevertheless join the CA's conclusion of denial based on the nature of the petitioner's motion as a provisional remedy.
For this reason, the NTC has the authority to determine the propriety of the issuance of a cease and desist norma ntc 3393, which is a provisional relief.
In fact, Section 3, Part VI of the NTC Rules of Procedure and Practices provides that the NTC may grant the provisional relief, on its own initiative or upon a party's motion, based on the pleading and the attached affidavits and supporting documents, without prejudice to a final decision after completion of the hearing.
Quite the opposite, the NTC in the present case never lifted a linger until it was required by the CA to present proof of its payment of the docket fees and paid the same only six months after the period to appeal has prescribed.
The NTC cannot also invoke the ruling of the Court in Yambao as it does not norma ntc 3393 the same factual milieu as in the instant case.
NTC Documents - VDOKUMENTS
In Yambao, the petitioner expressed willingness to pay by settling the docket fee of P In the instant case, the NTC did not pay at all and solely attributed the blame on the supposed advice of the receiving clerk of the RTC about its exemption from the payment of docket fees notwithstanding circumstances that would have expectedly stirred second thoughts.
Its unthinking reliance on the alleged advice of the receiving clerk is utterly irresponsible and inexcusable. Apart from failure to pay the docket fees, the NTC likewise failed to file a record on appeal. Apparently, the NTC is of the impression that the record on appeal is only necessary when what is being appealed is the first phase norma ntc 3393 the action, that is, the order of condemnation or expropriation, but not when the appeal concerns the second phase of expropriation or the judgment on the payment of just compensation.
Judge Garcia,38 the Court elucidated, thus: There are two 2 stages in every action of expropriation. The first is concerned with the norma ntc 3393 of the authority of the plaintiff to exercise the power of eminent domain and the propriety of its exercise in the context of the facts involved in the suit.
It ends with an order, if not of dismissal of the action, "of condemnation declaring that the plaintiff has a lawful right to take the property sought to be condemned, for the public use or purpose described in the complaint, upon the payment of just compensation to be determined as of the date of the filing of the complaint.
The second phase of the eminent domain action is concerned with the determination by the Court of "the just compensation for the property sought to be taken.
This usually happens in norma ntc 3393 cases, when an order of expropriation or condemnation is appealed, while the issue of just compensation is still being resolved with the trial court.
There is no longer any issue on the order of expropriation, the appeal having been made on the just compensation only. The issue replicates that which had been resolved by the Court in National Power Corporation v. The petitioner, however, appealed the amount of the just compensation awarded by the trial court but dispensed with the filing of a record on appeal.
For this reason, the trial court dismissed the petitioner's appeal, holding that the latter did not perfect its appeal due to its failure to file the record on appeal. The CA affirmed the dismissal and this was upheld by this Norma ntc 3393. That the defendant Enriquez did not file an norma ntc 3393 to the complaint did not foreclose the possibility of an appeal arising therefrom.