G.R. No. L-35105 May 31, 1982
Baliuag Electric Light and Power Company, Inc., petitioner, vs. Hon. Juan F. Echiverri, in his capacity as Presiding Judge of the Court of First Instance of Bulacan (Branch IV) and Virginio Santiago, respondents.

FACTS

Petitioner Baliuag Electric Light and Power Co. Inc., a franchise holder, supplied electricity to respondent Virginio Santiago’s ice plant under a 1964 contract. The Public Service Commission (PSC) authorized petitioner to charge increased rates effective August 5, 1971, a decision affirmed by the Supreme Court. Respondent Santiago, claiming the new rates were exorbitant, filed a petition with the PSC for reclassification or readjustment of rates applicable to ice plant operators. Pending this PSC petition, Santiago refused to pay the new rates, accumulating unpaid bills. Consequently, petitioner disconnected his electric service and filed a collection suit in the Court of First Instance (CFI) of Bulacan.
Subsequently, Santiago filed a separate petition for mandamus with the CFI, presided by respondent Judge Echiverri, seeking a writ of preliminary mandatory injunction to compel the restoration of his electric power. He argued that without such restoration, his pending PSC petition for rate readjustment would become moot. On May 15, 1972, respondent judge granted the writ upon Santiago’s posting of a bond, aiming to maintain the status quo pending resolution of the issues.

ISSUE

Whether the respondent judge committed grave abuse of discretion in issuing the writ of preliminary mandatory injunction.

RULING

The Supreme Court ruled that the petition had been rendered moot and academic. The legal logic is anchored on the supervening event that dissolved the very foundation of the injunction. The Court noted that on February 13, 1973, the Board of Power and Waterworks (successor to the PSC) had already issued an extended resolution dismissing Santiago’s petition for readjustment of the electric rates. The writ of preliminary mandatory injunction was intended by the lower court to be effective only during the pendency of that administrative petition. With its dismissal, the writ became functus officio, having lost its legal purpose and force. Consequently, the propriety of its issuance was no longer a justiciable controversy.
The Court further ordered that, with the dismissal of the rate adjustment petition, there remained no impediment to enforcing the PSC-approved revised rates. Therefore, the pending collection suit (Civil Case No. 328-B) was to proceed solely for the ministerial purpose of determining the exact amount Santiago owed under the approved rates. The Court directed Santiago to pay all past bills as determined by the CFI within ninety days, failing which petitioner could disconnect the service and enforce payment by execution. The writ issued by respondent judge was accordingly lifted.