Supreme Court Circular No. 013-93 addresses the indiscriminate issuance of restraining orders and injunctions against the National Power Corporation and other government public utility firms, emphasizing their violation of Presidential Decree No. 1818. This decree explicitly states that no court in the Philippines has jurisdiction to issue such orders involving government infrastructure or public utility projects. The Supreme Court affirmed this stance in the case "National Power Corporation vs. Hon. Abraham Vera," highlighting the need for protecting public service interests. Clerks of Court are instructed to report any restraining orders or writs against these entities to ensure compliance with the decree.
March 5, 1993
SUPREME COURT CIRCULAR NO. 013-93
| TO | : | Judges of the Regional Trial Courts, Shari'a District Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, 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 indiscriminate issuance of restraining orders and court injunctions against the National Power Corporation and other government public utility firms in gross violation of Sec 1 of P.D. 1818. CADSHI
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 higher interest of public service. Sec. 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 for such execution, implementation or operation."
All Clerks of Court are directed to immediately furnish this Office copies of any restraining orders and/or writs of injunction against the National Power Corporation or other government public utility firms.
Strict compliance hereof is enjoined. cCAIES
(SGD.) ERNANI CRUZ PAÑOCourt Administrator