REPUBLIC OF THE PHILIPPINES VS.

PLDT, digested
Posted by Pius Morados on November 8, 2011 26 SCRA 620 (1969) (Constitutional Law Eminent Domain, Expropriation, Just Compensation) FACTS: Public petitioner commenced a suit against private respondent praying for the right of the Bureau of Telecommunications to demand interconnection between the Government Telephone System and that of PLDT, so that the Government Telephone System could make use of the lines and facilities of the PLDT. Private respondent contends that it cannot be compelled to enter into a contract where no agreement is had between them. ISSUE: Whether or not interconnection between PLDT and the Government Telephone System can be a valid object for expropriation. HELD: Yes, in the exercise of the sovereign power of eminent domain, the Republic may require the telephone company to permit interconnection as the needs of the government service may require, subject to the payment of just compensation. The use of lines and services to allow inter-service connection between the both telephone systems, through expropriation can be a subject to an easement of right of way. Or

REPUBLIC VS. PLDT [26 SCRA 320; G.R. No. L-18841; 27 Jan 1969]
Saturday, January 31, 2009 Posted by Coffeeholic Writes Labels: Case Digests, Political Law

Facts:

The plaintiff Republic of the Philippines is a political entity exercising government powers through one of its branches, the Bureau of Telecommunication. Herein defendant, PLDT is a public service corporation holding a franchise to install operates and maintains a telephone system. After its creation, the BOT set up its own government telephone system by utilizing its own appropriations and other equipment and by renting

trunk lines of the PLDT to enable the govt offices to call privately. BOT entered into an agreement with the RCA communications for joint overseas telephone service whereby BOT would convey overseas calls received by RCA to local residents. PLDT complained to the BOT that it was a violation of the condition of their agreement since the BOT had used trunk lines only for the use of government offices but even to serve private persons or the general public in competition with the business of PLDT. Subsequently, the plaintiff commenced suit against PLDT asking the court judgment be rendered ordering the PLDT to execute a contract with the plaintiff, through the BOT for the use of the facilities of PLDT's telephone system throughout the country under such conditions as the court may consider reasonable. The CFI rendered judgment stating that it could not compel PLDT to enter into such agreement. Hence this petition.

Issue: Whether
enter

or Not PLDT may be compelled to into such agreement.

Held:

Yes, the state, may, in the interest of national welfare transfer utilities to public ownership upon payment of just compensation, there is no reason why the state ma not require a public utility to render services in the general interest provided just compensation is paid.

QUIRONG Pollution Adjudication Board CA 195 SCRA 112, Republic v PLDT 26 SCRA 620