Submission of Orders of Injunction Issued against Private Electric Utility or Rural Electric Cooperatives
Supreme Court Circular No. 008-98 outlines the restrictions on issuing injunctions or restraining orders against private electric utilities or rural electric cooperatives in the Philippines, as specified in Section 9 of Republic Act No. 7832. Courts may only grant such orders if there is prima facie evidence of bad faith or grave abuse of authority in the disconnection of electric services. If an injunction is issued, it must be supported by a bond covering potential penalties and charges, and it may be automatically dissolved if the utility files a counterbond. Furthermore, courts are required to report to the Supreme Court within ten days of issuing any injunction.
Quick Answers
- What is Submission of Orders of Injunction Issued against Private Electric Utility or Rural Electric Cooperatives about?
- Supreme Court Circular No. 008-98 outlines the restrictions on issuing injunctions or restraining orders against private electric utilities or rural electric cooperatives in the Philippines, as specified in Section 9 of Republic Act No. 7832. Courts may only grant such orders if there is prima facie evidence of bad faith or grave abuse of authority in the disconnection of electric services. If an injunction is issued, it must be supported by a bond covering potential penalties and charges, and it may be automatically dissolved if the utility files a counterbond. Furthermore, courts are required to report to the Supreme Court within ten days of issuing any injunction.
- What type of law is Supreme Court Circular No. 008-98?
- Submission of Orders of Injunction Issued against Private Electric Utility or Rural Electric Cooperatives (Supreme Court Circular No. 008-98) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Submission of Orders of Injunction Issued against Private Electric Utility or Rural Electric Cooperatives enacted?
- Submission of Orders of Injunction Issued against Private Electric Utility or Rural Electric Cooperatives (Supreme Court Circular No. 008-98) was enacted on Jan 26, 1998.
- What is the citation for Submission of Orders of Injunction Issued against Private Electric Utility or Rural Electric Cooperatives?
- Submission of Orders of Injunction Issued against Private Electric Utility or Rural Electric Cooperatives, Supreme Court Circular No. 008-98, Jan 26, 1998 (Philippines)
Law Information
- Reference Number
- Supreme Court Circular No. 008-98
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
January 26, 1998
SUPREME COURT CIRCULAR NO. 008-98
| TO | : | All Judges and Clerks of Court of the Regional Trial Courts, Metropolitan 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." AIDTHC
"Sec. 9. Restriction on the Issuance of Restraining 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 grave abuse of authority.
"If, notwithstanding the provisions of this section, a court issues an injunction or restraining order, such injunction or restraining order 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 and 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 counterbond similar in form and amount as that 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." (Italics supplied)
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 of the Court Administrator, Supreme Court, Manila."
Please be guided accordingly.
(SGD.) ALFREDO L. BENIPAYOCourt Administrator
Cite This Law
Submission of Orders of Injunction Issued against Private Electric Utility or Rural Electric Cooperatives, Supreme Court Circular No. 008-98, Jan 26, 1998 (Philippines)
Submission of Orders of Injunction Issued against Private Electric Utility or Rural Electric Cooperatives, Supreme Court Circular No. 008-98 (Phil. 1998)
Related Laws
- Submission of Orders of Injunction Issued Against Private Electric Utility or Rural Electric CooperativesOCA Circular No. 8-98 • Jan 26, 1998 • Supreme Court Issuances
- Reminding Judges to Exercise Utmost Caution, Prudence and Judiciousness in Issuance of Temporary Restraining Orders and Writs of Preliminary InjunctionsOCA Circular No. 79-03 • Jun 12, 2003 • Supreme Court Issuances
- Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994Republic Act No. 7832 • Dec 8, 1994 • Statutes
- Implementing Rules and Regulations of the Anti-Pilferage of Electricity and Theft of Electric Transmission Lines/Materials Act of 1994IRR-RA 7832 • Jul 7, 1995 • Implementing Rules and Regulations
- Electric Cooperatives Emergency and Resiliency Fund ActIRR of RA 11039 • Dec 14, 2018 • Implementing Rules and Regulations
- Omnibus Rules and Regulations on the Registration of Electric Cooperatives Under Republic Act No. 6938IRR of RA 6938 • Feb 10, 1994 • Implementing Rules and Regulations
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