Condominium dispute procedures Philippines

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. citeturn6search0 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. citeturn3search3 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. citeturn4view0 Connects poor service to a regulatory violation.
NTC rules on QoS
• MO 07-07-2011 – Minimum Speed of Broadband Connections citeturn9search0
• MC 07-08-2015 – Rules on Measurement of Fixed Broadband citeturn1search2 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 citeturn7view0 Shows what you must dispute (the pre-termination fee).

2. Build your case (1–2 weeks)

  1. Document the outages/slow speeds. Run speed tests (Ookla/NTC app) at least 3× daily for a week, keep screenshots with date & time.
  2. Open trouble tickets via hotline/chat; save reference numbers and CSR names.
  3. Keep a downtime log (simple spreadsheet).
  4. 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. citeturn5view0
Optional DTI complaint FTEB online portal or Makati office Useful if you’ll argue unfair trade / deceptive ad. citeturn10view0
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!

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.