Professional Documents
Culture Documents
Executive Order No. 546, being an implementing measure of P.D. No. I insofar as it amends the Public
Service Law (CA No. 146, as amended) is applicable to the petitioner who must be bound by its provisions.
The petitioner cannot install and operate radio telephone services on the basis of its legislative franchise
alone.
It was well within the powers of the public respondent to authorize the installation by the private
respondent network of radio communications systems in Catarman, Samar and San Jose, Mindoro. Under
the circumstances of this case, the mere fact that the petitioner possesses a franchise to put up and
operate a radio communications system in certain areas is not an insuperable obstacle to the public
respondent's issuing the proper certificate to an applicant desiring to extend the same services to those
areas. The Constitution mandates that a franchise cannot be exclusive in nature nor can a franchise be
granted except that it must be subject to amendment, alteration, or even repeal by the legislature when
the common good so requires.
RATIO: Fixing rates and charges. - The reason is easily discerned from the fact that provisional rates are
by their nature temporary and subject to adjustment in conformity with the definitive rates approved after
final hearing.
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