GR 30646; (January, 1929) (Digest)
G.R. No. 30646 , January 30, 1929
THE GOVERNMENT OF THE PHILIPPINE ISLANDS, petitioner, vs. THE MANILA RAILROAD COMPANY and JOSE PAEZ as Manager of said Company, respondents.
FACTS
The Government of the Philippine Islands filed a petition for mandamus to compel the Manila Railroad Company (MRR) to equip its telegraph poles between Paniqui, Tarlac, and San Fernando, La Union, with crosspieces sufficient to carry six telegraph wires for public service. The MRR’s existing poles were equipped to carry only four wires, which were already in use under an agreement with the Bureau of Posts. The Government relied on Section 84 of Act No. 1459 (the General Corporation Law), which required railroad corporations to provide poles “equipped with sufficient crosspiece to carry the number of wires which the Government may consider necessary for the public service.” The MRR contended that its obligations were governed by its special charter, Act No. 1510 , specifically Section 1, paragraph 8, which obligated it to provide poles with space for only four Government wires.
ISSUE
Whether the Manila Railroad Company is obligated under Section 84 of the General Corporation Law ( Act No. 1459 ) to provide poles equipped to carry six telegraph wires as deemed necessary by the Government, or whether its obligation is limited to providing for four wires under its special charter ( Act No. 1510 ).
RULING
The Supreme Court DENIED the petition for mandamus. The MRR’s obligation is governed by its special charter, Act No. 1510 , which limits its duty to providing poles with space for four Government wires. Act No. 1510 , being a special law and a contract between the government and the MRR, supersedes the general provisions of Act No. 1459 on matters specifically covered by the charter. To impose the more onerous obligation from the general law would violate the charter contract. Therefore, the Government was not entitled to compel the MRR to equip its poles for six wires.
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