CIRCULAR NO. 13-93, March 05, 1993

OFFICE OF THE COURT ADMINISTRATOR

The Office of the Court Administrator has been
continuously receving reports and/or complaints against indiscriminate
issuance of restraining orders and court injunctions against the
National Powee Corporation and other government public utility firm 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 higher interest
of public service. Section 1 of P.D. 1818 provides:

“Section 1. No court in the Philippines hsll have jurisdiction to
issue any restraining order, preliminary injunction, or preliminary
mandatory injunction in any casem disputem or controversy involving an
infrastructure project, or a mining, fishery, forest, or other natural
resource development project of the government, or including among
others public utilities for the transport of goods or commodities,
stevedoring and arrastre contracts, to prohibit any person or persons,
entity of government officials from proceeding with, or continuing the
execution or implementation of any such project, or the operation of
such public utility, or pursuing 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 furnis 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.

March __5, __1993.