CIRCULAR
NO. 8-98
TO : ALL JUDGES
AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS, MUNICIPAL TRIAL
COURTS
IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS.
SUBJECT : SUBMISSION
OF ORDERS OF INJUNCTION ISSUED AGAINST PRIVATE ELECTRIC UTILITY OR
RURAL
ELECTRIC COOPERATIVES
Quoted hereunder
is the provision of Section 9 of Republic Act No. 7832 otherwise known
as "An Act Penalizing the Pilferage of Electricity and Theft of
Electric
Power Transmission Lines/Materials, Rationalizing System Losses by
Phasing
Out Pilferage Losses as a Component Thereof, and for Other
Purposes."
"Sec. 9. Restriction
on the Issuance of Restrainig Orders or Writs of Injunction. - No
writ
of injunction or restraining order shall be issued by any court against
any private electric utility or rural electric cooperative exercising
the
right and authority to disconnect electric service as provided in this
Act, unless there is prima facie evidence that the
disconnection
was made with evident bad faith or grve abuse of authority.
"If,
notwithstanding
the provisions of this Section, a court issues an injunction or
restraining
order, it shall be effective only upon the filing of a bond with the
court
which shall be in the form of cash bond or cashier's check equivalent
to
"differential billing," penalties an other charges, or to the total
value
of the subject matter of the action; Provided, however, That
such
injunction or restraining order shall automatically be refused or, if
granted,
shall be dissolved upon filing by the public utility of a counter-bond
similar in form and amount as the above required: Provided,
finally,
That whenever such injunction is granted, the court issuing
it shall,
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." (Underscoring
ours)
WHEREFORE, all
copies
of writs of injunctions or restraining orders above-described and
enjoined
to be furnished this Court shall be addressed to "The Statistical
Reports
Division, Court Management Office, Office fo the Court Administrator,
Supreme
Court, Manila."
Please be guided
accordingly.
January 26, 1998.
[Sgd.]
ALFREDO
L. BENIPAYO
Court
Administrator
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