SC CIRCULAR NO. 8-98, January 26, 1998

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.”

“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 or reasons for its order.” (Underscoring ours)

Wherefore, all copies of writs of injunctions or restraining above
described and enjoined to be furnished this Court shall be add. to “The
Statistical Reports Division, Court Management Office, Office Court
Administrator, Supreme Court, Manila.”

Please be guided accordingly.

January 26, 1998