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    Republic V PLDT

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    Kat Jolejole
    The Republic of the Philippines sought to compel the Philippine Long Distance Telephone Company (PLDT) to interconnect its telephone system with the government telephone system. PLDT argued it could not be forced to enter into such a contract without agreement. The Supreme Court ruled that interconnection between the two systems could be a valid subject of expropriation, allowing the government to require PLDT permit interconnection as needed for government services, subject to just compensation. The court found the power of eminent domain could be used to impose a burden on a property owner through an easement without loss of title or possession.

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    Republic V PLDT

    Uploaded by

    Kat Jolejole
    919 views1 page
    The Republic of the Philippines sought to compel the Philippine Long Distance Telephone Company (PLDT) to interconnect its telephone system with the government telephone system. PLDT argued it could not be forced to enter into such a contract without agreement. The Supreme Court ruled that interconnection between the two systems could be a valid subject of expropriation, allowing the government to require PLDT permit interconnection as needed for government services, subject to just compensation. The court found the power of eminent domain could be used to impose a burden on a property owner through an easement without loss of title or possession.

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    republic v pldt

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    The Republic of the Philippines sought to compel the Philippine Long Distance Telephone Company (PLDT) to interconnect its telephone system with the government telephone system. PLDT argued it could not be forced to enter into such a contract without agreement. The Supreme Court ruled that interconnection between the two systems could be a valid subject of expropriation, allowing the government to require PLDT permit interconnection as needed for government services, subject to just compensation. The court found the power of eminent domain could be used to impose a burden on a property owner through an easement without loss of title or possession.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    919 views1 page

    Republic V PLDT

    Uploaded by

    Kat Jolejole
    The Republic of the Philippines sought to compel the Philippine Long Distance Telephone Company (PLDT) to interconnect its telephone system with the government telephone system. PLDT argued it could not be forced to enter into such a contract without agreement. The Supreme Court ruled that interconnection between the two systems could be a valid subject of expropriation, allowing the government to require PLDT permit interconnection as needed for government services, subject to just compensation. The court found the power of eminent domain could be used to impose a burden on a property owner through an easement without loss of title or possession.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    26 SCRA 620 (1969) (Constitutional Law Eminent Domain, Expropriation, Just Compensation) FACTS: Public petitioner commenced a suit

    t 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.

    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 or Not PLDT may be compelled to enter 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.

    In RP v. PLDT, the SC ruled that "Normally, the power of eminent domain results in the taking or appropriation of the title to, and possession of, the expropriated property, but no cogent reason appears why said power may not be availed of to impose only a burden upon the owner of the condemned property, without loss of title or possession. It is unquestionable that real property may, through expropriation, be subjected to an easement of right of way."

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