GR 107809; (July, 1993) (Digest)
G.R. No. 107809 July 5, 1993
ERNESTO M. ABOITIZ, HECTOR N. CAMPO, CELESTINO C. ALCANTARA, ELEUTERIO M. OLAER and ARMANDO MINIA, petitioners, vs. THE HON. TEODORO P. REGINO, in his capacity as Presiding Judge, Regional Trial Court Quezon City, Branch 84, and the CAGAYAN ELECTRIC POWER AND LIGHT COMPANY, INC., respondents.
FACTS
On August 20, 1980, the National Power Corporation (NAPOCOR) entered into an agreement to directly supply power to Ferrochrome Phils. Inc. (FPI), whose plant is within the franchise area of Cagayan Electric Power and Light Co., Inc. (CEPALCO). CEPALCO filed a petition against NAPOCOR, arguing this violated its franchise rights. On May 2, 1984, the Regional Trial Court ruled in favor of CEPALCO, permanently enjoining NAPOCOR from directly supplying power to FPI and ordering NAPOCOR to relinquish its connection facilities to CEPALCO. This decision was affirmed by the Supreme Court on December 28, 1989, in G.R. No. 72085. Subsequently, in September 1990, FPI filed a new application for direct power connection from NAPOCOR. In response, CEPALCO filed a petition for contempt and a motion for an alias writ of execution against the petitioners, who were officers of NAPOCOR, for allegedly disobeying the 1984 decision. On August 10, 1992, Judge Teodoro P. Regino found the petitioners guilty of indirect contempt and ordered the issuance of an alias writ of execution.
ISSUE
The sole issue is the propriety of the finding of contempt by the trial court against the petitioners.
RULING
The Supreme Court DENIED the petition, upholding the finding of contempt. The Court ruled that the injunction issued by the trial court on May 2, 1984, and affirmed by the Supreme Court, was permanent and comprehensive. It categorically prohibited NAPOCOR from “effecting, causing, and continuing the direct supply, sale and delivery of electricity” to FPI and from “entering into and/or implementing any agreement or arrangement for such direct power connection,” unless coursed through CEPALCO. The Court held that the term “permanent” means lasting indefinitely without change, and the order was intended to make the arrangement between FPI and CEPALCO permanent, free from NAPOCOR’s intervention. Therefore, the petitioners’ act of entertaining FPI’s new application for direct connection constituted a clear disobedience to a lawful court order, making them personally liable for contempt as officers of NAPOCOR. The temporary restraining order dated January 11, 1993, was lifted.