Your right to end an ISP contract when the service is bad – Philippine rules & practical steps
1. When can you legally walk away?
Legal hook | What it says in plain English | Why it helps you |
---|---|---|
Art. 1191, Civil Code | If one party to a “reciprocal” contract stops doing what it promised, the other may cancel (“rescind”) the deal and ask for damages. citeturn6search0 | Your lock-in clause is not absolute—an ISP that chronically fails to deliver speed/uptime is in breach, so you may demand cancellation without penalties. |
Consumer Act (RA 7394) | Gives you the right to quality service, truthful info, and redress. citeturn3search3 | Lets you frame a complaint as an unfair or deceptive practice (e.g., advertising 150 Mbps but giving 5 Mbps). |
Public Telecoms Policy Act (RA 7925) | ISPs must provide “satisfactory quality” and are subject to NTC rules. citeturn4view0 | Connects poor service to a regulatory violation. |
NTC rules on QoS | ||
• MO 07-07-2011 – Minimum Speed of Broadband Connections citeturn9search0 | ||
• MC 07-08-2015 – Rules on Measurement of Fixed Broadband citeturn1search2 | These set minimum speed + 80 % service reliability. Repeated failure is evidence of breach. | |
Standard T-&-Cs of ISPs | e.g., PLDT charges 3 × monthly fee for early exit citeturn7view0 | Shows what you must dispute (the pre-termination fee). |
2. Build your case (1–2 weeks)
- Document the outages/slow speeds. Run speed tests (Ookla/NTC app) at least 3× daily for a week, keep screenshots with date & time.
- Open trouble tickets via hotline/chat; save reference numbers and CSR names.
- Keep a downtime log (simple spreadsheet).
- Take photo evidence of LOS/red-light indicators, if any.
3. Send a formal demand to cure or cancel (give them 5–10 working days)
Sample skeleton (edit details)
Subject: Demand to Rectify Service Within 10 Days or Cancel Contract Without Penalty
- Account No.: ________
- Chronic outages from ____ to ____; attached log + screenshots.
- Cites Art. 1191 CC, RA 7394, NTC MO 07-07-2011.
- Relief sought: (a) restore advertised speed/uptime or (b) accept contract termination with waiver of pre-termination fees; compute pro-rated refund for ___ days w/out service.
- Advise that failure to act triggers complaint at NTC/DTI and, if needed, small-claims suit.
Send via: (a) ISP’s official email, (b) registered mail, keep proof of receipt.
4. If the ISP refuses or stays silent
Step | Where | What to prepare |
---|---|---|
File an NTC complaint | Nearest NTC Regional Office or e-mail (ntc@ntc.gov.ph). | • Filled complaint form • Your demand letter & proof of delivery • Logs, screenshots, bills. The NTC dockets the case and schedules compulsory mediation/hearing. citeturn5view0 |
Optional DTI complaint | FTEB online portal or Makati office | Useful if you’ll argue unfair trade / deceptive ad. citeturn10view0 |
Small-Claims Court | MTC where you live | Claim ≤ ₱1 million for refund + damages; no lawyer needed. |
5. What usually happens
- Most ISPs waive the lock-in penalty once the NTC asks them to explain (they must prove compliance with QoS rules).
- You may be asked to return the modem/ONU, settle last pro-rated bill, and sign a Certificate of Account Closure.
- If the ISP digs in, the NTC can impose fines or order service credits; you can still sue for damages.
6. Pro-tips
- Continue paying current bills under protest while the dispute is live; it avoids disconnection for “non-payment.”
- Use the ISP’s own SLA: many fiber plans promise > 99 % uptime—quote that back to them.
- Collect ads (screenshots of “up to 150 Mbps”)—they help the unfair-advertising angle.
- Stay polite & factual; regulators react faster to well-documented, unemotional complaints.
Quick checklist
- 7-day speed/outage log & screenshots
- Trouble ticket numbers
- Written demand to cure/terminate sent by registered mail
- Evidence bundle ready for NTC/DTI
Follow this roadmap and you can end a bad-service contract without the hefty pre-termination fee—and maybe even get a refund for the days the internet was down. Good luck!