SC CIRCULAR NO. 2-91, March 15, 1991

ADMINISTRATIVE SUPERVISION OF COURTS

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.
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 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.