Saturday, September 15, 2001

Court dismisses Text Messaging Case

The Regional Trial Court of Quezon City issued recently an order dismissing the case filed by consumers against the cellular phone companies Globe, Smart, Islacom and Piltel on the ground of lack of jurisidcition. Earlier, the same court issued a temporary restraining order prohibiting the same companies from implementing their plan to reduce the number of allocated free text messages to their subscribers. The temporary restraining order was supposed to have been effective for twenty (20) days. Yet, before the period could lapse, the Court resolved to dismiss the case citing that it is the National Telecommunications Commission (NTC) that has power to resolve the issue and not the trial court.

Under the Rules of Civil Procedure, the consumer groups have fifteen days to file a Motion for Reconsideration or appeal to the Court of Appeals. If no motion or appeal is filed, the decision will become final and executory.

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