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Power Generation Employees Association-NPC vs. NPC

POWER GENERATION EMPLOYEES ASSOCIATION-NPC, REPRESENTED BY RAUL M. DEL MUNDO AND JIMMY D. SALMAN, IN THEIR OFFICIAL CAPACITIES AS PRESIDENT AND VICE-PRESIDENT, RESPECTIVELY, AND IN THEIR OWN INDIVIDUAL CAPACITIES AND IN BEHALF OF ALL SIMILARLY SITUATED OFFICIALS AND EMPLOYEES OF NATIONAL POWER CORPORATION, ALVIN O. BORJA, ROBERT S. MAMAUAG, ROMEO B. DE MESA, JR., KENNETH M. SUSARNO, MANUEL R. CABELLO, NESTOR A. PANALIGAN, ARNEL A. CASIMIRO, JAIME C. GARGANERA, PETITIONERS, VS. NATIONAL POWER CORPORATION AND NATIONAL POWER CORPORATION BOARD OF DIRECTORS, POWER SECTOR ASSETS & LIABILITIES MANAGEMENT AND PSALM BOARD DIRECTORS, RESPONDENTS.

G.R. No. 187420 | 2017-08-09

DECISION
 
LEONEN, J.:
 
A petition for injunction under Section 78 of the Electric Power Industry Reform Act of 2001[1] (EPIRA) is filed only to restrain or enjoin the implementation of any provision of the law. It may not be invoked to enjoin the implementation of contracts alleged to be against the law. Moreover, the petition must be filed by a real party in interest. Otherwise, it may be dismissed for lack of cause of action.

This is a Petition for Injunction with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction[2] under Section 78 of EPIRA. This is filed by the Power Generation...