Philippine Chamber of Commerce and Industry v. Department of Energy

EN BANC

[G.R. No. 228588. February 21, 2017.]

PHILIPPINE CHAMBER OF COMMERCE AND INDUSTRY, SAN BEDA COLLEGE ALABANG, INC., ATENEO DE MANILA UNIVERSITY, AND RIVERBANKS DEVELOPMENT CORPORATION, petitioners,vs. DEPARTMENT OF ENERGY, HON. ALFONSO G. CUSI, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENERGY, ENERGY REGULATORY COMMISSION, HON. JOSE VICENTE B. SALAZAR, IN HIS OFFICIAL CAPACITY AS CHAIRPERSON OF THE ENERGY REGULATORY COMMISSION, AND HON. ALFREDO J. NON, HON. GLORIA VICTORIA C. YAP-TARUC, HON. JOSEFINA PATRICIA M. ASIRIT, AND HON. GERONIMO D. STA. ANA, IN THEIR OFFICIAL CAPACITIES AS INCUMBENT COMMISSIONERS OF THE ENERGY REGULATORY COMMISSION, respondents.

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution datedFEBRUARY 21, 2017, which reads as follows:

"G.R. No. 228588 (Philippine Chamber of Commerce and Industry, San Beda College Alabang, Inc., Ateneo de Manila University, and Riverbanks Development Corporation v. Department of Energy, Hon. Alfonso G. Cusi, in his official capacity as Secretary of the Department of Energy, Energy Regulatory Commission, Hon. Jose Vicente B. Salazar, in his official capacity as Chairperson of the Energy Regulatory Commission, and Hon. Alfredo J. Non, Hon. Gloria Victoria C. Yap-Taruc, Hon. Josefina Patricia M. Asirit, and Hon. Geronimo D. Sta. Ana, in their official capacities as incumbent Commissioners of the Energy Regulatory Commission) — Acting on the prayer for the issuance of a status quo ante order or temporary restraining order and/or writ of preliminary injunction filed by petitioners Philippine Chamber of Commerce and Industry, San Beda College Alabang, Inc., Ateneo De Manila University, and Riverbanks Development Corporation, this Court resolves to ISSUE A TEMPORARY RESTRAINING ORDER, effective immediately and continuing until further orders from this Court, enjoining respondents Department of Energy and the Energy Regulatory Commission, its agents, representatives, and all persons acting in their place or stead from implementing Department of Energy Circular No. DC2015-06-0010, Series of 2015, Energy Regulatory Commission Resolution No. 5, Series of 2016, Energy Regulatory Commission Resolution No. 10, Series of 2016, Energy Regulatory Commission Resolution No. 11, Series of 2016, and Energy Regulatory Commission Resolution No. 28, Series of 2016." Sereno, C.J. and Carpio, J., no part. Reyes, J., on official leave. (adv63) CAIHTE

Very truly yours,

(SGD.) FELIPA B. ANAMAClerk of Court

G.R. No. 228588

TEMPORARY RESTRAINING ORDER

PHILIPPINE CHAMBER OF COMMERCE AND INDUSTRY, SAN BEDA COLLEGE ALABANG, INC., ATENEO DE MANILA UNIVERSITY and RIVERBANKS DEVELOPMENT CORPORATION, petitioners,vs. DEPARTMENT OF ENERGY, HON. ALFONSO G. CUSI, in his official capacity as Secretary of the Department of Energy, ENERGY REGULATORY COMMISSION, HON. JOSE VICENTE B. SALAZAR, in his official capacity as Chairperson of the Energy Regulatory Commission, and HON. ALFREDO J. NON, HON. GLORIA VICTORIA C. YAP-TARUC, HON. JOSEFINA PATRICIA M. ASIRIT and HON. GERONIMO D. STA. ANA, in their official capacities as incumbent Commissioners of the Energy Regulatory Commission, respondents.

 

GREETINGS :

WHEREAS, the Supreme Court, on February 21, 2017, adopted a resolution in the above-entitled case, to wit:

"G.R. No. 228588 (Philippine Chamber of Commerce and Industry, San Beda College Alabang, Inc., Ateneo de Manila University, and Riverbanks Development Corporation v. Department of Energy, Hon. Alfonso G. Cusi, in his official capacity as Secretary of the Department of Energy, Energy Regulatory Commission, Hon. Jose Vicente B. Salazar, in his official capacity as Chairperson of the Energy Regulatory Commission, and Hon. Alfredo J. Non, Hon. Gloria Victoria C. Yap-Taruc, Hon. Josefina Patricia M. Asirit, and Hon. Geronimo D. Sta. Ana, in their official capacities as incumbent Commissioners of the Energy Regulatory Commission) — Acting on the prayer for the issuance of a status quo ante order or temporary restraining order and/or writ of preliminary injunction filed by petitioners Philippine Chamber of Commerce and Industry, San Beda College Alabang, Inc., Ateneo De Manila University, and Riverbanks Development Corporation, this Court resolves to ISSUE A TEMPORARY RESTRAINING ORDER, effective immediately and continuing until further orders from this Court, enjoining respondents Department of Energy and the Energy Regulatory Commission, its agents, representatives, and all persons acting in their place or stead from implementing Department of Energy Circular No. DC2015-06-0010, Series of 2015, Energy Regulatory Commission Resolution No. 5, Series of 2016, Energy Regulatory Commission Resolution No. 10, Series of 2016, Energy Regulatory Commission Resolution No. 11, Series of 2016, and Energy Regulatory Commission Resolution No. 28, Series of 2016." Sereno, C.J. and Carpio, J., no part. Reyes, J., on official leave. (adv63)

NOW, THEREFORE, effective immediately and continuing until further orders from this Court, You, respondents Department of Energy (DOE), DOE Secretary Alfonso G. Cusi, Energy Regulatory Commission [ERC], ERC Chairperson Jose Vicente B. Salazar and ERC Commissioners Alfredo J. Non, Gloria Victoria C. Yap-Taruc, Josefina Patricia M. Asirit and Geronimo D. Sta. Ana, your agents, representatives, or persons acting in your place or stead, are hereby ENJOINED from implementing and enforcing DOE Circular No. DC2015-06-0010, Series of 2015, ERC Resolution No. 5, Series of 2016, ERC Resolution No. 10, Series of 2016, ERC Resolution No. 11, Series of 2016, and ERC Resolution No. 28, Series of 2016. DETACa

GIVEN by the Supreme Court of the Philippines, this 21st day of February 2017.

(SGD.) FELIPA B. ANAMAClerk of Court