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FIRST DIVISION.
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Injunction.
The facts are stated in the opinion of the Court.
V.V. Orocio and Associates Law Offices and Cornelio
P. Aldon for petitioners.
The Solicitor General for respondents.
CHICONAZARIO, J.:
Before Us is a special civil action for Injunction to enjoin
public respondents from implementing the National Power
Board (NPB) Resolutions No. 2002124 and No. 2002125,
both dated 18 November 2002, directing, among other
things, the termination of all employees of the National
Power Corporation (NPC) on 31 January 2003 in line with
the restructuring of the NPC.
On 8 June 2001, Republic Act No. 9136, otherwise
known as the Electric Power Industry Reform Act of 2001
(EPIRA Law), was approved and signed into law by
President Gloria MacapagalArroyo, and took effect on 26
June 2001. Section 2(i) and Section 3 of the EPIRA Law
states:
Section 2. Declaration of Policy.It is hereby declared the policy
of the State:
xxxx
(i) To provide for an orderly and transparent privatization of
the assets and liabilities of the National Power Corporation
(NPC)
xxxx
Section 3. Scope.This Act shall provide a framework for the
restructuring of the electric power industry, including the
privatization of the assets of NPC, the transition to the desired
competitive structure, and the definition
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this Act, Section 6 of Republic Act No. 6395, as amended, and Section 13
of Republic Act No. 7638, as amended, referring to the composition of the
National Power Board of Directors, are hereby repealed and a new Board
shall be immediately organized. The new Board shall be composed of the
Secretary of Finance as Chairman, with the following as members: the
Secretary of Energy, the Secretary of Budget and Management, the
Secretary of Agriculture, the DirectorGeneral of the National Economic
and Development Authority, the Secretary of Environment and Natural
Resources, the Secretary of the Interior and Local Government, the
Secretary of the Department of Trade and Industry, and the President of
the National Power Corporation.
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respect to employees who are not retained by NPC, the government, through the
Department of Labor and Employment (DOLE), shall endeavor to implement re
training, job counseling, and job placement programs.
Section 6. Implementation.
The DOE, NEA, and NPC, shall issue guidelines applicable to their respective
employees to implement this Rule within ninety (90) days from effectivity of these
Rules: Provided, That in the case of ERC, the independent quasijudicial body
created under the Act, the manner of, and timetable for, implementation of its
organization shall be governed by Section 38 and Section 39 of the Act.
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Supra note 2.
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Id., at p. 489.
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Young vs. Sy
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