G.R. No. L-72492 November 5, 1987
NEGROS ORIENTAL II ELECTRIC COOPERATIVE, INC., PATERIO TORRES and ARTURO UMBAC, petitioners, vs. SANGGUNIANG PANLUNGSOD OF DUMAGUETE, THE AD HOC COMMITTEE OF THE SANGGUNIANG PANLUNGSOD OF DUMAGUETE and ANTONIO S. RAMAS UYPITCHING, respondents.

FACTS

The Ad Hoc Committee of the Sangguniang Panlungsod of Dumaguete issued a subpoena to petitioners Paterio Torres and Arturo Umbac, officials of Negros Oriental II Electric Cooperative (NORECO II), requiring their attendance at an investigation concerning alleged inefficient power lines in the city. The investigation was purportedly in aid of pending legislation related to public utility operations. Petitioners failed to appear and moved to quash the subpoena, arguing that the power to investigate and regulate such matters is exclusively vested in the National Electrification Administration (NEA) and that the local sanggunian lacks specific grant of such investigative power. The Committee denied the motion and issued an order for petitioners to show cause why they should not be punished for legislative contempt.
Petitioners filed a special civil action for certiorari and prohibition, contending that the respondent Sangguniang Panlungsod lacks the power to compel witness attendance and testimony or to punish for contempt. They further argued that the subject of the inquiry—the terms and conditions of NORECO II’s franchise—is beyond the local legislative body’s jurisdiction. Respondents countered that the power to conduct investigations in aid of legislation inherently includes the contempt power, which is either expressly granted or necessarily implied from their delegated legislative functions.

ISSUE

Whether the Sangguniang Panlungsod of Dumaguete, or any of its committees, possesses the power to punish non-members for legislative contempt.

RULING

The Supreme Court ruled that the Sangguniang Panlungsod of Dumaguete does not possess the power to punish non-members for legislative contempt. The Court distinguished the powers of Congress from those of local legislative bodies. While Congress, as the national legislature, has an inherent contempt power essential to preserve its authority and dignity, as established in Arnault v. Nazareno, such power is not inherent in local sanggunians. Local legislative bodies are mere creations of statute, exercising delegated—not inherent—powers. Their authority is limited to those expressly granted by law or necessarily implied from those express grants. The Local Government Code and the Charter of Dumaguete City contain no specific grant of contempt power to the Sangguniang Panlungsod. Consequently, the subpoena and the show-cause order for contempt issued by the Ad Hoc Committee were declared null and void for being ultra vires.
The Court further clarified that while the sanggunian may conduct investigations in aid of its ordinance-making power, such as on matters affecting public safety like inefficient power lines, it cannot compel attendance or punish disobedience. Its investigative mode is limited to inviting willing resource persons. Moreover, an inquiry into the efficiency of service of an electric cooperative, which pertains to franchise compliance, falls within the exclusive regulatory jurisdiction of the NEA under Presidential Decree No. 269. The proper recourse for the sanggunian is to file a complaint with the NEA. The Temporary Restraining Order was made permanent.