CONSTITUTIONAL LAW 1 SUN | 1-5:00PM

ATTY. CLARICE JOY SAN JOSE

TOPIC: The Exercise of Government Power

NPC Drivers and Mechanical Association v. NaPoCor
503 SCRA 138 / G.R. No. 156208
September 26, 2006
PONENTE: Chico-Nazario, J. DIGESTED BY
FACTS:
- The Philippine Government embarked on a program to reform the electric
power industry through the enactment of the "Electric Power Industry
Reform Act of 2001" (EPIRA Law), was approved and signed into law by
President Gloria Macapagal-Arroyo

ISSUE/S:
- Whether or not the NPB Resolutions were properly enacted.
RULING:
- The Court GRANTED the petition for Injunction.
- National Power Board Resolutions No. 2002-124 and No. 2002-125 are
hereby declared VOID and WITHOUT LEGAL EFFECT.
- Respondents are hereby ENJOINED from implementing said NPB
Resolutions No. 2002-124 and No. 2002-125.
RATIO DECIDENDI:
- The department secretaries who were members of the NPB cannot delegate
their duties and power to vote and approve board resolutions.
- The exercise of discretion and judgment in running the affairs of the NPC is
vested upon these department secretaries, and they cannot delegate such
responsibilities to their representatives.
- Since there were only three valid votes cast out of the nine board members,
the Resolutions lacked the necessary number of votes for their adoption.
- Therefore, the Resolutions were declared void and without legal effect.
- The Court granted the petition for injunction and enjoined the respondents
from implementing the NPB Resolutions.