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    In Re Exemption of Napocor

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    Chammy
    The Supreme Court ruled that the National Power Corporation (NPC) is no longer exempt from paying filing fees. While NPC was previously exempt based on provisions in its charter and amendments, the Constitution designates the Supreme Court as having sole authority over rules regarding pleading, practice and procedure, including filing fees. As a government-owned corporation, NPC is also not considered exempt under the current rules. The Court reinforced its authority over these legal matters and determined that prior laws could not override its power to establish rules for the courts.

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    In Re Exemption of Napocor

    Uploaded by

    Chammy
    196 views2 pages
    The Supreme Court ruled that the National Power Corporation (NPC) is no longer exempt from paying filing fees. While NPC was previously exempt based on provisions in its charter and amendments, the Constitution designates the Supreme Court as having sole authority over rules regarding pleading, practice and procedure, including filing fees. As a government-owned corporation, NPC is also not considered exempt under the current rules. The Court reinforced its authority over these legal matters and determined that prior laws could not override its power to establish rules for the courts.

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    In Re Exemption of Napocor

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    The Supreme Court ruled that the National Power Corporation (NPC) is no longer exempt from paying filing fees. While NPC was previously exempt based on provisions in its charter and amendments, the Constitution designates the Supreme Court as having sole authority over rules regarding pleading, practice and procedure, including filing fees. As a government-owned corporation, NPC is also not considered exempt under the current rules. The Court reinforced its authority over these legal matters and determined that prior laws could not override its power to establish rules for the courts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    196 views2 pages

    In Re Exemption of Napocor

    Uploaded by

    Chammy
    The Supreme Court ruled that the National Power Corporation (NPC) is no longer exempt from paying filing fees. While NPC was previously exempt based on provisions in its charter and amendments, the Constitution designates the Supreme Court as having sole authority over rules regarding pleading, practice and procedure, including filing fees. As a government-owned corporation, NPC is also not considered exempt under the current rules. The Court reinforced its authority over these legal matters and determined that prior laws could not override its power to establish rules for the courts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    IN RE: EXEMPTION OF THE NATIONAL POWER

    CORPORATION FROM PAYMENT OF FILING/ DOCKET FEES

    FACTS:

    On December 6, 2005, the Court issued A.M. No. 05-10-20-SC, In re: Exemption of the National Power
    Corporation from the Payment of Filing/Docket Fees, on the basis of Section 13, Republic Act No. 6395
    (An Act Revising the Charter of the National Power Corporation). It reads:

    The Court Resolved, upon the recommendation of the Office of the Court Administrator, to DECLARE that
    the National Power Corporation (NPC) is still exempt from the payment of filing fees, appeals bond, and
    supersedeas bonds.

    On October 27, 2009, however, the Court issued A.M. No. 05-10-20-SC stating that:

    The Court Resolved, upon recommendation of the Committee on the Revision of the Rules of Court, to
    DENY the request of the National Power Corporation (NPC) for exemption from the payment of filing fees
    pursuant to Section 10 of Republic Act No. 6395, as amended by Section 13 of Presidential Decree No.
    938. The request appears to run counter to Section 5(5), Article VIII of the Constitution, in the rule-making
    power of the Supreme Court over the rules on pleading, practice and procedure in all courts, which
    includes the sole power to fix the filing fees of cases in courts.

    ISSUE:
    Whether or not NAPOCOR is exempt from the payment of filing fees, appeal bonds and supersedeas
    bonds.

    RULING:

    NO. NPC can no longer invoke Republic Act No. 6395 (NPC Charter), as amended by Presidential Decree
    No. 938, as its basis for exemption from the payment of legal fees.
    Section 22 of Rule 141 reads:

    Sec. 22. Government exempt. The Republic of the Philippines, its agencies and
    instrumentalities are exempt from paying the legal fees provided in this rule. Local government units and
    government-owned or controlled corporations with or without independent charters are not exempt from
    paying such fees. (emphasis supplied)

    Section 70 of Republic Act No. 9136 (Electric Power Industry Reform Act of 2001), NPC shall remain as a
    national government-owned and controlled corporation.

    The non-exemption of NPC is further fortified by the promulgation on February 11, 2010 of A.M. No. 08-
    2-01-0, In re: Petition for Recognition of the Exemption of the Government Service Insurance System
    (GSIS) from Payment of Legal Fees. In said case, the Court, citing Echegaray v. Secretary of Justice,
    stressed that the 1987 Constitution took away the power of Congress to repeal, alter or supplement rules
    concerning pleading, practice, and procedure; and that the power to promulgate these rules is no longer
    shared by the Court with Congress and the Executive.

    Since the payment of legal fees is a vital component of the rules promulgated by this Court concerning
    pleading, practice and procedure, it cannot be validly annulled, changed or modified by Congress. As one
    of the safeguards of this Courts institutional independence, the power to promulgate rules of pleading,
    practice and procedure is now the Courts exclusive domain. That power is no longer shared by this Court
    with Congress, much less the Executive.

    With the foregoing categorical pronouncement of the Court, it is clear that NPC can no longer
    invoke Republic Act No. 6395 (NPC Charter), as amended by Presidential Decree No. 938, as its basis for
    exemption from the payment of legal fees.

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