This case has been cited 1 times or more.
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2007-04-27 |
AUSTRIA-MARTINEZ, J. |
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| To recapitulate, while P.D. No. 269 appoints the NEA as overseer of electric cooperatives, its supervision is limited to matters concerning loans, rate fixing and service improvement, but does not include adjudication of claims for damages against electric cooperatives arising from such acts as the arbitrary disconnection of electrical services to a member. It is axiomatic that jurisdiction is determined by the allegations in the complaint and its annexes.[20] There is no allegation therein of matters involving the organization of electric cooperatives, rate fixing, loan agreement and fund management which would bring the case within the operation of Section 10; neither is there an averment of a discriminatory practice in rate fixing or service distribution, which would make Section 35 applicable; nor protest against service failure as would subject the complaint to Section 46. Instead, it is expressly stated in respondents' complaint that their action is for recovery of damages for mental anguish, social humiliation and moral shock arising from the disconnection of their electric service by petitioners,[21] which action is cognizable by the regular courts, such as the RTC.[22] | |||||