Philippine Supreme Court Decisions Digests

ASSOCIATION OF SOUTHERN TAGALOG ELECTRIC COOPERATIVE, INC. vs. ENERGY REGULATORY COMMISSION G.R. No. 192117, September 18, 2012   Facts   Petitioners Batangas I Electric Cooperative, Inc., Quezon I Electric Cooperative, Inc., Quezon II Electric Cooperative, Inc. and Pampanga Rural Electric Service Cooperative, Inc. are rural electric cooperatives established under Presidential Decree (P.D.) No. 269 or the National Electrification Administration Decree. BATELEC I, QUEZELCO I and QUEZELCO II are members of the Association of Southern Tagalog Electric Cooperatives, Inc. PRESCO is a member of the Central Luzon Electric Cooperatives Association, Inc. Petitioners are engaged in the distribution of . On 8 December 1994, R.A. No. 7832 was enacted. The law imposed a limit on the recoverable rate of system lossthat may be charged by rural electric cooperatives to their consumers. The Implementing Rules and Regulations of R.A. No. 7832 required every rural electric cooperative to file wi...

JOAQUINA BASA, ET AL., vs. ATILANO G. MERCADO G.R. No. L-42226, July 26, 1935    Facts Hon. Hermogenes Reyes, Judge of Pampanga CFI, allowed and probated the last will and testament of Ines Basa, decedent. The same judge also approved the account of the administrator of the estate, declared him the only heir, and closed the administration proceedings. Joaquin Basa, et al., filed a motion to reopen the proceedings, alleging that the court lacked jurisdiction because there was failure to comply with the requirements as to the publication of the notice of hearing.     They contended that the hearing took place only twenty-one days after the date of first publication instead of three full weeks. Moreover, the Ing Katipunan where the notice was published was not a newspaper of general circulation as contemplated by law.     Issues a) Whether or not there was compliance with the publication requirement b) Whether or not Ing Katipunan is a newspaper of g...

NATIONAL ELECTRIFICATION ADMINISTRATION vs. VICTORIANO B. GONZAGA G.R. No. 158761, December 4, 2007   Facts   On November 13, 2000, respondent Victoriano B. Gonzaga filed his Certificate of Candidacy for membership in the Board of Directors of Zamboanga Del Sur II Electric Cooperative, Inc., District II (ZAMSURECO). Later that day, the screening committee resolved to disqualify respondent because his spouse was an incumbent member of the Sangguniang Bayan of Diplahan, Zamboanga del Sur. Based on the Electric Cooperative Election Code (ECEC), promulgated by petitioner National Electrification Administration (NEA), a candidate whose spouse occupies an elective government position higher than Barangay Captain is prohibited to run as director of an electric cooperative. ZAMSURECO‘s by-laws, however, do not provide for such ground for disqualification. Respondent averred that the ECEC was null and void because it had not been published. NEA, on the other hand, failed to prove wheth...

PHILIPPINE INTERNATIONAL TRADING CORPORATION vs.HON. PRESIDING JUDGE ZOSIMO Z. ANGELES G.R. No. 108641, October 21, 1996    Facts PITC issued Administrative Order No. SOCPEC 89-08-01 under which applications to the PITC for importation from the People‘s Republic of China must be accompanied by a viable and confirmed export program of Philippine products. PITC barred Remington and Firestone from importing products from China on the ground that they were not able to comply with the requirement of the said administrative order. Thereafter they filed a petition for prohibition and mandamus against the said order of PITC in which the trial court upheld and declared to be null and void for being unconstitutional. The court contends further authority to process and approve applications for imports SOCPEC and to issue rules and regulations pursuant to LOI 144 has already been repealed by EO 133 issued on February 27, 1987. Hence, the PITC filed a certiorari seeking the reversal of th...

LORENZO M. TAÑADA vs. HON. JUAN C. TUVERA G.R. No. L-63915, April 24, 1985    Facts Petitioners herein are seeking a writ of mandamus to compel public officials to publish and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letters of implementation and administrative orders. Respondents, on the other hand, claimed that this case has no legal personality or standing. Further, they argued that the publication in the Official Gazette in necessary for the effectivity of the law where the law themselves provides for their own effectivity dates.    Issue Whether or not the presidential decrees in question which contain special provisions as to the date they are to take effect still need to be published in the Official Gazette.    Ruling Publication in the Official Gazette is necessary in those cases where the legislation itself does not provide for its eff...