Title
Bureau of Telecommunications vs. Public Service Commission
Case
G.R. No. L-27412
Decision Date
Oct 28, 1969
BUTEL, a government entity providing telecom services, contested PSC jurisdiction over its rates. SC ruled BUTEL not a "public service" under law, exempting it from PSC regulation. PLDT's complaint dismissed.

Case Summary (G.R. No. L-27412)

Relevant Facts

On February 18, 1965, PLDT initiated proceedings before the Public Service Commission, asserting that the Bureau was providing telephone services in Manila and other areas without proper rate authorization. PLDT argued that the Bureau was charging rates significantly lower than those approved for its services, which constituted unfair competition. It requested that the Bureau be compelled to show cause for its actions and to submit its rate schedules for approval.

Jurisdictional Challenge

In response, the Bureau contested the Public Service Commission's jurisdiction, contending that it was not operating for profit or general business purposes, but solely to support governmental telecommunications needs. The Bureau claimed that any income derived from private subscribers was incidental to its governmental functions.

Decision of the Public Service Commission

The Public Service Commission ruled in favor of PLDT on November 29, 1965. It mandated that the Bureau submit its rate schedule for approval and restrained the Bureau from enforcing any rates without prior Commission approval. Dissatisfied with this ruling, the Bureau sought judicial review.

Legal Issues

The primary legal issue was whether the Bureau of Telecommunications qualifies as a "public service" under the Public Service Act, specifically as defined by Republic Act No. 2677. The Act outlines public service as any entity engaged in activities for hire or compensation for the general public, which invokes the Commission's jurisdiction.

Interpretation of "Public Service"

The Court analyzed various precedents to determine the nature of "business" and "public service." Drawing from definitions in prior cases, it noted that a business is primarily concerned with profit or livelihood. The Bureau's operations, funded through government appropriations and configured to fulfill governmental responsibilities, did not align with these definitions.

Bureau's Functions and Operations

The Bureau was established by Executive Order No. 94 under Republic Act No. 51. Its functions included operating telecommunication services to meet government needs but were not designed for general business profit. Although a portion of its users were private subscribers, such engagement was i

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