should be violated. To disturb the mortal remains of those endeared to us in life becomes sometimesthe sad duty of the living, but except in cases of necessity or for laudable purposes, the sanctity of thegrave should be maintained. In the present case, even granting that a necessity exists for the openingof the street in question, the record shows no proof of the necessity of opening the same through thecemetery. The record shows that the adjoining and adjacent lands have been offered to the city free of charge, which should answer every purpose of the plaintiff.
G.R. No. L-18841 January 27, 1969
REPUBLIC OF THE PHILIPPINES
PHILIPPINE LONGDISTANCE TELEPHONE COMPANY
FACTS: The Bureau of Telecommunications set up its own Government Telephone System by utilizing itsown appropriation and equipment and by renting trunk lines of the PLDT tenable government offices tocall private parties. Their subscription agreement prohibits the public use of the service furnished thetelephone subscriber for his private use. The Bureau has extended its services to the general public since 1948, using the same trunk linesowned by, and rented from, the PLDT, and prescribing its (the Bureau's) own schedule of rates. On 7April 1958, the defendant Philippine Long Distance Telephone Company, complained to the Bureau of Telecommunications that said bureau was violating the conditions under which their Private BranchExchange (PBX) is inter-connected with the PLDT's facilities, referring to the rented trunk lines, for theBureau had used the trunk lines not only for the use of government offices but even to serve privatepersons or the general public, in competition with the business of the PLDT. Soon after, it disconnectedthe trunk lines being rented by the Bureau. Republic commenced suit against the defendant, in theCourt of First Instance of Manila, praying in its complaint for judgment commanding the PLDT toexecute a contract with plaintiff, through the Bureau, for the use of the facilities of defendant'stelephone system throughout the Philippines under such terms and conditions as the court mightconsider reasonable, and for a writ of preliminary injunction against the defendant company to restrainthe severance of the existing telephone connections and/or restore those severed.ISSUE: Whether the courts may compel PLDT to execute a contract with the Republic.HELD: We agree with the court below that parties cannot be coerced to enter into a contract where noagreement is had between them as to the principal terms and conditions of the contract. Freedom tostipulate such terms and conditions is of the essence of our contractual system, and by expressprovision of the statute, a contract may be annulled if tainted by violence, intimidation, or undueinfluence (Articles 1306, 1336, 1337, Civil Code of the Philippines). But the court a quo has apparentlyoverlooked that while the Republic may not compel the PLDT to celebrate a contract with it, theRepublic may, in the exercise of the sovereign power of eminent domain, require the telephonecompany to permit interconnection of the government telephone system and that of the PLDT, as theneeds of the government service may require, subject to the payment of just compensation to bedetermined by the court. Nominally, of course, the power of eminent domain results in the taking or