Case Digest (G.R. No. 145328)
Facts:
Eduardo F. Hernandez et al. v. National Power Corporation, G.R. No. 145328, March 23, 2006, Supreme Court First Division, Chico‑Nazario, J., writing for the Court.The petitioners are residents of Dasmarinas Village (joined by numerous individual residents, Barangay Dasmarinas and Hon. Francisco B. Ibay) who challenged the construction and energizing of a 230 kV transmission line by respondent National Power Corporation (NAPOCOR) consisting of 29 decagon steel towers erected beginning in 1996 proximate to petitioners’ homes. Petitioners alleged health risks from exposure to electromagnetic fields and complained also of NAPOCOR’s alleged failure to conduct required prior consultations under the Local Government Code.
After negotiations and correspondence between the parties (including NAPOCOR letters to Rep. Arnulfo Fuentebella and a Privilege Speech by Rep. Francis Escudero denouncing NAPOCOR’s conduct), petitioners filed a Complaint for Damages with Prayer for Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction on 9 March 2000 to stop NAPOCOR from energizing the line and to seek relocation of the line. On 13 March 2000 the Regional Trial Court (RTC) of Makati issued a 48‑hour TRO, later extended, and on 3 April 2000 the RTC issued a writ of preliminary injunction enjoining NAPOCOR from energizing or transmitting high voltage current through the subject lines pending final adjudication, conditioned on a P5,000,000 bond.
NAPOCOR filed a petition for certiorari with prayer for TRO and preliminary injunction in the Court of Appeals (CA), arguing that Presidential Decree No. 1818 (prohibiting courts from issuing restraining orders or preliminary injunctions in cases involving certain government infrastructure projects and public utilities) divested the trial court of jurisdiction. On 3 May 2000 the Court of Appeals granted NAPOCOR’s petition and reversed and set aside the RTC’s orders. A motion for reconsideration was denied by CA on 27 September 2000.
Petitioners then filed th...(Subscriber-Only)
Issues:
- Does Presidential Decree No. 1818 bar the trial court from issuing a TRO and writ of preliminary injunction against NAPOCOR in this case?
- If not, did petitioners establish the requisites for a preliminary injunction under Rule 58, Sec. 3 of the Rules of Court such that the RTC’s injunc...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)