Philippine Sinter Corporation and Phividec Industrial Authority Vs Cagayan Electric Power and Light Co Inc
Philippine Sinter Corporation and Phividec Industrial Authority Vs Cagayan Electric Power and Light Co Inc
CAGAYAN ELECTRIC
POWER and LIGHT CO., INC.
FACTS:
On January 21, 1987, Pursuant to President Corazon C. Aquino’s approval of the Cabinet Memorandum,
respondent Cagayan Electric Power and Light, Co. (CEPALCO), grantee of a legislative franchise to
distribute electric power to some of the municipalities in the province of Misamis Oriental, filed with the
Energy Regulatory Board (ERB) a petition. The petition sought the "discontinuation of all existing direct
supply of power by the National Power Corporation (NPC, now NAPOCOR) within CEPALCO's franchise
area."
On October 9, 1992, the Court of Appeals dismissed the petition, holding that the motion for
reconsideration filed by NAPOCOR with the ERB was out of time and therefore, the assailed decision
became final and executory and could no longer be subject of a petition for review.
On a petition for review on certiorari, this Court affirmed the Resolution of the Court of Appeals.
Judgment was entered on September 22, 1993, thus rendering final the decision of the ERB.
To restrain the execution of the ERB Decision, PSC and PIA filed a complaint for injunction against
CEPALCO with the Regional Trial Court of Cagayan de Oro City.
On April 11, 1994, the trial court rendered judgment in favor of PSC and PIA. CEPALCO filed a motion for
reconsideration but was denied by the trial.
Aggrieved, CEPALCO appealed to the Court of Appeals. On July 23, 1996, the Court of Appeals rendered
its decision. The writ of preliminary injunction earlier issued is DISSOLVED.
PSC and PIA filed a motion for reconsideration, which was denied in a Resolution16 dated December 2,
1996. Hence the instant petition.
ISSUE:
HELD:
Yes. Corollarily, Section 10 of Executive Order No. 172 (the law creating the ERB) provides that a review
of its decisions or orders is lodged in the Supreme Court. Settled is the rule that where the law provides
for an appeal from the decisions of administrative bodies to the Supreme Court or the Court of Appeals,
it means that such bodies are co-equal with the Regional Trial Courts in terms of rank and stature, and
logically, beyond the control of the latter. Hence, the trial court, being co-equal with the ERB, cannot
interfere with the decision of the latter. It bears stressing that this doctrine of non-interference of trial
courts with co-equal administrative bodies is intended to ensure judicial stability in the administration of
justice whereby the judgment of a court of competent jurisdiction may not be opened, modified or
vacated by any court of concurrent jurisdiction.