You are on page 1of 1


NATELCO entered into a contract with Camarines Sur II Electric Cooperative for the use in
operation of its telephone service, electric light posts of CASURECO II and in return, there will
be free use of 10 telephone connections as long as NATELCO needs electric light posts. The
contract will terminate when they are forced to stop, abandon operation and remove light posts.
After 10 years, CASURECO files for reformation of contract with damages, not conforming to
the guidelines of National Electrification Administration of reasonable compensation for use of
posts. Compensation is worth P10, but the consumption of telephone cables costs P2630.
NATELCO, who used 319, without the contract of P10 each, refused to pay. It is alleged that
CASURECO barred by the prescription. CASURECO also complained about the poor servicing
by NATELCO of the 10 telephone units which had caused it great inconvenience and damages
to the tune of not less than P100,000.00.
Does Article 1267 apply to this case?
Yes. Article 1267 speaks of "service" which has become so difficult. Taking into consideration
the rationale behind this provision, the term "service" should be understood as referring to the
"performance" of the obligation. In the present case, the obligation of CASURECO consists in
allowing NATELCO to use its posts in Naga City, which is the service contemplated in said
article. Furthermore, a bare reading of this article reveals that it is not a requirement thereunder
that the contract be for future service with future unusual change. The Contract eventually
became unfair and would end up unjustly enriching NATELCO because of the increase of
telephone subscribers but without the increase of telephone connection free of charge granted
With regards to prescription, the reformation of the contract had not yet prescribed because the
10 year period arises only once the cause of action accrues. In this case, it has not yet passed
10 years.
Regarding the last issue, NATELCO allege that there is nothing purely potestative about the
prestations of either party because NATELCO's permission for free use of telephones is not
made to depend purely on their will, neither is CASURECO's permission for free use of its posts
dependent purely on its will.
Article 1267 states in our law the doctrine of unforseen events. This is said to be based on the
discredited theory of rebus sic stantibus in public international law; under this theory, the
parties stipulate in the light of certain prevailing conditions, and once these conditions cease to
exist the contract also ceases to exist. Considering practical needs and the demands of equity
and good faith, the disappearance of the basis of a contract gives rise to a right to relief in favor
of the party prejudiced.