TO : ALL JUDGES
AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS, MUNICIPAL TRIAL
IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS.
SUBJECT : SUBMISSION
OF ORDERS OF INJUNCTION ISSUED AGAINST PRIVATE ELECTRIC UTILITY OR
is the provision of Section 9 of Republic Act No. 7832 otherwise known
as "An Act Penalizing the Pilferage of Electricity and Theft of
Power Transmission Lines/Materials, Rationalizing System Losses by
Out Pilferage Losses as a Component Thereof, and for Other
"Sec. 9. Restriction
on the Issuance of Restrainig Orders or Writs of Injunction. - No
of injunction or restraining order shall be issued by any court against
any private electric utility or rural electric cooperative exercising
right and authority to disconnect electric service as provided in this
Act, unless there is prima facie evidence that the
was made with evident bad faith or grve abuse of authority.
the provisions of this Section, a court issues an injunction or
order, it shall be effective only upon the filing of a bond with the
which shall be in the form of cash bond or cashier's check equivalent
"differential billing," penalties an other charges, or to the total
of the subject matter of the action; Provided, however, That
injunction or restraining order shall automatically be refused or, if
shall be dissolved upon filing by the public utility of a counter-bond
similar in form and amount as the above required: Provided,
That whenever such injunction is granted, the court issuing
within ten (10) days from its issuance, submit a report to the Supreme
Court setting forth in detail the grounds or reasons for its order."
of writs of injunctions or restraining orders above-described and
to be furnished this Court shall be addressed to "The Statistical
Division, Court Management Office, Office fo the Court Administrator,
Please be guided
January 26, 1998.