P.D. No. 1818
OCA Circular No. 2-91, issued on May 15, 1991, reminds judges in the Philippines that they cannot issue injunctions against the National Power Corporation due to the provisions of Presidential Decree No. 1818. This decree explicitly prohibits courts from granting restraining orders or injunctions in cases related to government infrastructure or public utility projects, ensuring the uninterrupted execution of such projects in the interest of public service. The Supreme Court has reinforced this position, emphasizing the need for strict adherence to the decree. Judges are therefore instructed to avoid actions that violate this directive.
Law Information
- Reference Number
- OCA Circular No. 2-91
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
May 15, 1991
OCA 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. 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 highest interest of public service. Section 1 of P.D. 1818 provides:
SEC. 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 for such execution, implementation or operation.
Strict observance hereof is enjoined.
May 15, 1991.
(SGD.) JOSUE N. BELLOSILLOCourt Administrator
Cite This Law
P.D. No. 1818, OCA Circular No. 2-91, May 15, 1991 (Philippines)
P.D. No. 1818, OCA Circular No. 2-91 (Phil. 1991)
Related Laws
- P.D. No. 1818OCA Circular No. 13-93 • Mar 5, 1993 • Supreme Court Issuances
- Strict Observance of Section 1 of P.D. No. 1818OCA Circular No. 68-94 • Nov 3, 1994 • Supreme Court Issuances
- Presidential Decree No. 1818Supreme Court Circular No. 013-93 • Mar 5, 1993 • Supreme Court Issuances
- Strict Observance of Section 1 of P.D. 1818 Envisioned by Circular No. 13-93, Dated March 5, 1993, and Circular No. 20-92 Dated March 24, 1992Supreme Court Circular No. 068-94 • Nov 3, 1994 • Supreme Court Issuances
- Judicious Implementation of Court Issuances Concerning the Ban on the Issuance of Temporary Restraining Orders or Writs of Preliminary Injunctions Involving Government Infrastructure ProjectsOCA Circular No. 38-14 • Mar 12, 2014 • Supreme Court Issuances
- Exercise of Utmost Caution, Prudence, and Judiciousness in Issuance of Temporary Restraining Orders and Writs of Preliminary InjunctionsSupreme Court Administrative Circular No. 7-99 • Jun 25, 1999 • Supreme Court Issuances
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