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    Republic V PLDT

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    Judy Rivera
    The Republic of the Philippines filed a case against PLDT seeking to compel them to enter into an interconnection contract to allow the government to utilize PLDT's telephone network. The court ruled that parties cannot be forced to enter into a contract if they do not agree on the terms. However, the government may use its power of eminent domain to require interconnection, subject to paying just compensation determined by the court. The court affirmed the lower court's decision except in compelling PLDT to service the government network on terms the trial court deems just.

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    Republic V PLDT

    Uploaded by

    Judy Rivera
    179 views1 page
    The Republic of the Philippines filed a case against PLDT seeking to compel them to enter into an interconnection contract to allow the government to utilize PLDT's telephone network. The court ruled that parties cannot be forced to enter into a contract if they do not agree on the terms. However, the government may use its power of eminent domain to require interconnection, subject to paying just compensation determined by the court. The court affirmed the lower court's decision except in compelling PLDT to service the government network on terms the trial court deems just.

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    Republic v PLDT

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    The Republic of the Philippines filed a case against PLDT seeking to compel them to enter into an interconnection contract to allow the government to utilize PLDT's telephone network. The court ruled that parties cannot be forced to enter into a contract if they do not agree on the terms. However, the government may use its power of eminent domain to require interconnection, subject to paying just compensation determined by the court. The court affirmed the lower court's decision except in compelling PLDT to service the government network on terms the trial court deems just.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    179 views1 page

    Republic V PLDT

    Uploaded by

    Judy Rivera
    The Republic of the Philippines filed a case against PLDT seeking to compel them to enter into an interconnection contract to allow the government to utilize PLDT's telephone network. The court ruled that parties cannot be forced to enter into a contract if they do not agree on the terms. However, the government may use its power of eminent domain to require interconnection, subject to paying just compensation determined by the court. The court affirmed the lower court's decision except in compelling PLDT to service the government network on terms the trial court deems just.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Republic v.

    PLDT (1969) PROVISION:


    Art. 1306. The contracting parties may establish such stipulations, clauses,
    terms and conditions as they may deem convenient, provided they are not
    Petitioners: Republic of the Philippines contrary to law, morals, good customs, public order, or public policy
    Respondents: PLDT
    RULING + RATIO: NO, but Republic may compel an interconnection
    DOCTRINE: contract with PLD through power of eminent domain.
    Freedom to stipulate such terms and conditions is of the essence of our 1. Parties cannot be coerced to enter into a contract where no agreement is
    contractual system, and by express provision of the statute, a contract may had between them as to the principal terms and conditions of the
    be annulled if tainted by violence, intimidation, or undue influence contract.
    2. Freedom to stipulate such terms and conditions is of the essence of our
    FACTS: contractual system, and by express provision of the statute, a contract
    1. Sometime in 1933,PLDT entered into an agreement with RCA may be annulled if tainted by violence, intimidation, or undue influence
    Communications Inc., an American corporation, whereby telephone
    messages coming from the US and received by RCAs domestic station, 3. While the Republic may not compel the PLDT to celebrate a contract with
    could automatically be transferred to the lines of PLDT, and vice versa. it, the Republic may, in the exercise of the sovereign power of eminent
    domain, require the telephone company to permit interconnection of the
    2. RP, through the Bureau of Telecommunications, after having set up its government telephone system and that of the PLDT, as the needs of the
    own Government Telephone System, by utilizing its own appropriation government service may require, subject to the payment of just
    and equipment and by renting trunk lines of the PLDT, entered into an compensation to be determined by the court.
    agreement with RCA for a joint overseas telephone service.

    3. Alleging that the government is in competition with them, PLDT notified


    the former and receiving no reply, disconnected the trunk lines being DISPOSITION: WHEREFORE, the decision of the Court of First Instance,
    rented by the same. now under appeal, is affirmed, except in so far as it dismisses the petition of
    the Republic of the Philippines to compel the Philippine Long Distance
    4. This prompted the government to file a case before the CFI praying for Telephone Company to continue servicing the Government telephone system
    judgment commanding PLDT to execute a contract with the Bureau for upon such terms, and for a compensation, that the trial court may determine
    the use of the facilities of PLDTs telephone system, and for a writ of to be just, including the period elapsed from the filing of the original complaint
    preliminary injunction against the defendant to restrain the severance of or petition. And for this purpose, the records are ordered returned to the court
    the existing trunk lines and restore those severed. of origin for further hearings and other proceedings not inconsistent with this
    opinion. No costs.
    ISSUE: WON PLDT can be compelled to enter into a contract with the
    government

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