CIRCULAR
NO. 13-93
TO: JUDGES
OF THE REGIONAL TRIAL COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN
TRIAL
COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS,
MUNICIPAL
CIRCUIT TRIAL COURTS AND SHARI’A COURTS
SUBJECT : PRESIDENTIAL
DECREE NO. 1818.
The Office of the
Court Administrator has been continuously receiving reports and/or
complaints
against indiscriminate issuance of restraining orders and court
injunctions
against the National Power Corporation and other government public
utility
firms in gross violation of Sec 1 of P. D. 1818.
For the information
and guidance of all concerned, the Supreme Court in the case of "National
Power Corporation vs. Hon. Abraham Vera", G. R. No. 83558, February
27, 1989, 170 SCRA 721, categorically ruled that the National Power
Corporation
is entitled to the protective mantle of the aforecited decree for the
higher
interest of public service. Section 1 of P. D. 1818 provides:
"Section
1. No
court in the Philippines shall have jurisdiction to issue any
restraining
order, preliminary mandatory injunction in any case, dispute, or
controversy
involving an infrastructure project, or a mining, fishery, forest, or
other
natural resource development project of the government, or any public
utility
operated by the government, including among others public utilities for
the transport of the goods or commodities, stevedoring and arrastre
contracts,
to prohibit any person or persons, entity or government officials from
proceeding with, or continuing the execution or implementation of, any
such project, or the operation of such public utility, or pursuing any
lawful activity necessary for such execution, implementation or
operation."
All Clerks of
Court
are directed to immediately furnish this Office copies of any
restraining
orders and/or writs of injunction against the National Power
Corporation
or other government public utility firms.
Strict compliance
hereof is enjoined.
March 5, 1993.
[Sgd.]
ERNANI
CRUZ PAÑO
Court
Administrator
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