OCA CIRCULAR NO. 8-98

 

 

TO :

ALL JUDGES AND CLERKS OF COURT OF THE REGIONAL 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.” 

 

“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, it 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 counter-bond similar in form and amount as the 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.”  (Underscoring ours)

 

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. 

 

January 26, 1998.

 

 

 

    

ALFREDO L. BENIPAYO

Court Administrator 

 

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