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  • G.R. No. 145328 March 23, 2006: Hernandez Et Al V. National Power Corporation

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    Karen Sheila B. Mangusan - Degay
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    The document summarizes a Supreme Court case between Hernandez et al. and the National Power Corporation (NAPOCOR). NAPOCOR constructed high voltage power transmission lines near the petitioners' homes, alarming them due to potential health risks from electromagnetic fields. Negotiations over relocating the lines failed. The petitioners filed an injunction to prevent energizing the lines until trial. The Court of Appeals set aside the injunction citing PD 1818, which prohibits injunctions against government infrastructure projects. However, the Supreme Court ruled that while PD 1818 prohibits injunctions regarding administrative acts, courts can restrain acts involving legal questions. In this case, the petitioners provided evidence the lines threatened their health rights and NAPOCOR

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    LTD case

    Original Title

    Hernandez v Npc

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    The document summarizes a Supreme Court case between Hernandez et al. and the National Power Corporation (NAPOCOR). NAPOCOR constructed high voltage power transmission lines near the petitioners' homes, alarming them due to potential health risks from electromagnetic fields. Negotiations over relocating the lines failed. The petitioners filed an injunction to prevent energizing the lines until trial. The Court of Appeals set aside the injunction citing PD 1818, which prohibits injunctions against government infrastructure projects. However, the Supreme Court ruled that while PD 1818 prohibits injunctions regarding administrative acts, courts can restrain acts involving legal questions. In this case, the petitioners provided evidence the lines threatened their health rights and NAPOCOR

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    41 views2 pages

    G.R. No. 145328 March 23, 2006: Hernandez Et Al V. National Power Corporation

    Uploaded by

    Karen Sheila B. Mangusan - Degay
    The document summarizes a Supreme Court case between Hernandez et al. and the National Power Corporation (NAPOCOR). NAPOCOR constructed high voltage power transmission lines near the petitioners' homes, alarming them due to potential health risks from electromagnetic fields. Negotiations over relocating the lines failed. The petitioners filed an injunction to prevent energizing the lines until trial. The Court of Appeals set aside the injunction citing PD 1818, which prohibits injunctions against government infrastructure projects. However, the Supreme Court ruled that while PD 1818 prohibits injunctions regarding administrative acts, courts can restrain acts involving legal questions. In this case, the petitioners provided evidence the lines threatened their health rights and NAPOCOR

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    Karen Sheila B.

    Mang-usan
    Special Section-2

    Nat Res Law


    Mon, Sat.

    HERNANDEZ et al v. NATIONAL POWER CORPORATION


    G.R. No. 145328
    March 23, 2006
    Facts:
    In 1996, NAPOCOR constructed a 29 decagon-shaped steel poles or towers with a
    height of 53.4 meters to support overhead high tension cables in connection with
    its 230 Kilovolt Sucat-Araneta-Balintawak Power Transmission Project. The
    transmission lines passes through Sergio Osmena, Sr. Highway (South
    Superhighway), the perimeter of Fort Bonifacio, and Dasmarias Village proximate
    to Tamarind Road, where petitioners homes are. Petitioners, alarmed by the
    exposure of electromagnetic fields that could possibly affect their health with such
    illness from cancer to leukemia, aired their growing concern to the NAPOCOR,
    which conducted a series of meetings with them. However, the negotiation with
    NAPOCOR did not go well as the petitioners contend for the relocation of the
    transmission lines to Fort Bonifacio while the NAPOCOR insists on a 12-meter
    easement widening.
    Petitioners then filed an action against NAPOCOR in which it restrained
    NAPOCOR from energizing the power lines and enjoined them until there is final
    judgment. The CA however set aside the order on the ground that the proscription
    on injunctions against infrastructure projects of the government is mandated under
    PD 1818. Upon appeal, the petitioners contend that PD 1818 was not construed to
    apply in cases of extreme urgency such as their right to health issue.
    Issue:
    Whether the trial court may issue preliminary injunction to enjoin the construction
    of steel towers of NAPOCOR in accordance with PD 1818.
    Held:
    YES. The court ruled that although PD 1818 prohibits any court from issuing
    injunctions in cases involving infrastructure projects, the prohibition extends only
    to the issuance of injunctions or restraining orders against administrative acts in
    controversies involving facts or the exercise of discretion in technical cases. On
    issues clearly outside the dimension and involving questions of law, the courts
    could not be prevented from exercising their power to restrain or prohibit
    administrative acts.
    In the case, petitioners sought the issuance of a preliminary injunction on the
    ground that the NAPOCOR Project impinged on their right to health as adduced in
    evidence

    Karen Sheila B. Mang-usan


    Special Section-2

    Nat Res Law


    Mon, Sat.

    copies of studies linking the incidence of illnesses such as cancer and leukemia to
    exposure to electromagnetic fields. The respondents also violated the Local
    Government Code provision for failure to conduct prior consultation with the
    petitioner, as the community affected by the project.
    Thus, the evidence on record justifies the conclusion that the project of NAPOCOR
    probably imperils the health and safety of the petitioners so as to justify the
    issuance by the trial court of a writ of preliminary injunction.

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