Irregularity in operation of bureau NOT enough to stop it from operating

In the case at bench, BUTELCO admittedly did not fulfill this obligation. Such failure, however, is not violative of any mandatory provision of law. There was no violation of Section 79(b) of Executive Order No. 94 but only an irregularity in the procedure by which BUTELCO undertook the operation of a telephone system in Malolos, Bulacan. It cannot be denied that, even if prior negotiations were undertaken by BUTELCO with RETELCO, and they both could not agree on mutually acceptable terms and conditions, nothing in Section 79(b) of Executive Order No. 94 prohibits BUTELCO from proceeding with the setting up and operation of a telephone system in Malolos, Bulacan, despite the presence of a prior operator in the person of RETELCO. Thus, any injunction prohibiting BUTELCO from operating its telephone system finds no sufficiently legal and just basis under Section 79(b) of Executive Order No. 94. [G.R. No. 64888. November 28, 1996]