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MANILA ELECTRIC COMPANY v. ENERGY REGULATORY BOARD

This case has been cited 3 times or more.

2010-12-07
MENDOZA, J.
Indeed, the Executive is given much leeway in ensuring that our laws are faithfully executed. As stated above, the powers of the President are not limited to those specific powers under the Constitution.[53] One of the recognized powers of the President granted pursuant to this constitutionally-mandated duty is the power to create ad hoc committees. This flows from the obvious need to ascertain facts and determine if laws have been faithfully executed. Thus, in Department of Health v. Camposano,[54] the authority of the President to issue Administrative Order No. 298, creating an investigative committee to look into the administrative charges filed against the employees of the Department of Health for the anomalous purchase of medicines was upheld. In said case, it was ruled: The Chief Executive's power to create the Ad hoc Investigating Committee cannot be doubted.  Having been constitutionally granted full control of the Executive Department, to which respondents belong, the President has the obligation to ensure that all executive officials and employees faithfully comply with the law.  With AO 298 as mandate, the legality of the investigation is sustained.  Such validity is not affected by the fact that the investigating team and the PCAGC had the same composition, or that the former used the offices and facilities of the latter in conducting the inquiry. [Emphasis supplied]
2010-12-06
LEONARDO-DE CASTRO, J.
In Manila Electric Company v. Energy Regulatory Board,[24] the Court traced the legislative history of the regulatory agencies which preceded the ERC, presenting a summary of these agencies, the statutes or issuances that created them, and the extent of the jurisdiction conferred upon them, viz: 1. The first regulatory body, the Board of Rate Regulation (BRR), was created by virtue of Act No. 1779.  Its regulatory mandate under Section 5 of the law was limited to fixing or regulating rates of every public service corporation.
2006-11-02
VELASCO, JR., J.
Firmly established is the doctrine that "jurisdiction over the subject matter is conferred by law."[35] Section 19 of BP 129 shows that a Regional Trial Court has jurisdiction over all civil cases in which the subject of litigation is incapable of pecuniary estimation.[36] Jurisprudence has recognized complaints for injunction with a prayer for temporary restraining order or writ of preliminary injunction. We explained at length this specie of cases in Manila Banking Corporation v. Court of Appeals.[37]