CIRCULAR
NO. 2-91
TO: JUDGES
OF THE REGIONAL TRIAL COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN
TRIAL
COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND
SHARI’A
CIRCUIT COURTS
SUBJECT:
PRESIDENTIAL DECREE NO. 1818.
The Office of the
Court Administrator has been continuously receiving reports and/or
complaints
against judges who are indiscriminately issuing court injunctions
against
the National Power Corporation 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. 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 injunction, or 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 foe such
execution,
implementation or operation,"
Strict
observance hereof
is enjoined.
May 15,
1991.
[Sgd.]
JOSUE
N. BELLOSILLO
Court
Administrator
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