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KAPISANAN NG MGA KAWANI NG ENERGY REGULATORY BOARD v. COMMISSIONER FE B. BARIN

This case has been cited 3 times or more.

	GR No. 190120 2014-11-11	CIVIL AVIATION AUTHORITY OF PHILIPPINES EMPLOYEES’ UNION v. CIVIL AVIATION AUTHORITY OF PHILIPPINES VILLARAMA, JR., J.
Verily, the question whether a law abolishes an office is a question of legislative intent. In this case, petitioner tries to raise doubts as to the real intention of Congress. However, there should not be any controversy if there is an explicit declaration of abolition in the law itself.[73] For where a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempt to interpret. Verba legis non est recedendum, index animi sermo est. There should be no departure from the words of the statute, for speech is the index of intention.[74] The legislature, through Sections 4 and 85 of R.A. No. 9497, has so clearly provided. As the Court merely interprets the law as it is, we have no discretion to give statutes a meaning detached from the manifest intendment and language thereof.[75]
	GR Nos. 156556-57 2011-10-04	ENRIQUE U. BETOY v. BOARD OF DIRECTORS PERALTA, J.
In any case, the constitutionality of the abolition of the ERB and the creation of the ERC has already been settled in Kapisanan ng mga Kawani ng Energy Regulatory Board v. Commissioner Fe Barin,[45] to wit: All laws enjoy the presumption of constitutionality. To justify the nullification of a law, there must be a clear and unequivocal breach of the Constitution. KERB failed to show any breach of the Constitution.
	GR No. 175352 2009-07-15	DANTE V. LIBAN v. RICHARD J. GORDON CARPIO, J.
Just like the Local Water Districts, the PNRC was created through a special charter. However, unlike the Local Water Districts, the elements of government ownership and control are clearly lacking in the PNRC. Thus, although the PNRC is created by a special charter, it cannot be considered a government-owned or controlled corporation in the absence of the essential elements of ownership and control by the government. In creating the PNRC as a corporate entity, Congress was in fact creating a private corporation. However, the constitutional prohibition against the creation of private corporations by special charters provides no exception even for non-profit or charitable corporations. Consequently, the PNRC Charter, insofar as it creates the PNRC as a private corporation and grants it corporate powers,[27] is void for being unconstitutional. Thus, Sections 1,[28] 2,[29] 3,[30] 4(a),[31] 5,[32] 6,[33] 7,[34] 8,[35] 9,[36] 10,[37] 11,[38] 12,[39] and 13[40] of the PNRC Charter, as amended, are void.