Scribd Logo
Upload

Welcome to Scribd!

  • 83 views

    21 Negros Oriental II Electric Cooperative Vs

    Uploaded by

    Derick Balangay
    The Sangguniang Panlungsod (SP) of Dumaguete City sought to investigate Negros Oriental II Electric Cooperative's (NORECO II) allegedly inefficient power lines. NORECO II refused to participate, arguing the SP lacked such investigative powers. The SP claimed its legislative functions included the power to issue subpoenas and punish for contempt. The Supreme Court held that without express constitutional or legal provisions, local legislative bodies do not have the power to subpoena witnesses or punish non-members for contempt, as these powers partake of a judicial nature. As neither the charter nor local government code granted the SP these powers, it could not punish NORECO II for contempt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    21 Negros Oriental II Electric Cooperative Vs

    Uploaded by

    Derick Balangay
    83 views2 pages
    The Sangguniang Panlungsod (SP) of Dumaguete City sought to investigate Negros Oriental II Electric Cooperative's (NORECO II) allegedly inefficient power lines. NORECO II refused to participate, arguing the SP lacked such investigative powers. The SP claimed its legislative functions included the power to issue subpoenas and punish for contempt. The Supreme Court held that without express constitutional or legal provisions, local legislative bodies do not have the power to subpoena witnesses or punish non-members for contempt, as these powers partake of a judicial nature. As neither the charter nor local government code granted the SP these powers, it could not punish NORECO II for contempt.

    Original Description:

    21 Negros Oriental I

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Sangguniang Panlungsod (SP) of Dumaguete City sought to investigate Negros Oriental II Electric Cooperative's (NORECO II) allegedly inefficient power lines. NORECO II refused to participate, arguing the SP lacked such investigative powers. The SP claimed its legislative functions included the power to issue subpoenas and punish for contempt. The Supreme Court held that without express constitutional or legal provisions, local legislative bodies do not have the power to subpoena witnesses or punish non-members for contempt, as these powers partake of a judicial nature. As neither the charter nor local government code granted the SP these powers, it could not punish NORECO II for contempt.

    Copyright:

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

    21 Negros Oriental II Electric Cooperative Vs

    Uploaded by

    Derick Balangay
    The Sangguniang Panlungsod (SP) of Dumaguete City sought to investigate Negros Oriental II Electric Cooperative's (NORECO II) allegedly inefficient power lines. NORECO II refused to participate, arguing the SP lacked such investigative powers. The SP claimed its legislative functions included the power to issue subpoenas and punish for contempt. The Supreme Court held that without express constitutional or legal provisions, local legislative bodies do not have the power to subpoena witnesses or punish non-members for contempt, as these powers partake of a judicial nature. As neither the charter nor local government code granted the SP these powers, it could not punish NORECO II for contempt.

    Copyright:

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

    21 Negros Oriental II Electric Cooperative vs. Sangguniang Panglungsod of Dumaguete City (G.R. No.

    724

    155 SCRA 421 – Political Law – Inquiry in Aid of Legislation – LGUs


    In 1985, the Sangguniang Panlungsod (SP) of Dumaguete sought to conduct an investigation
    in connection with pending legislation related to the operations of public utilities. Invited in the
    hearing were the heads of NORECO II (Negros Oriental II Electric Cooperative, Inc.) – Paterio
    Torres and Arturo Umbac. NORECO II is alleged to have installed inefficient power lines in
    the said city. Torres and Umbac refused to appear before the SP and they alleged that the
    power to investigate, and to order the improvement of, alleged inefficient power lines to
    conform to standards is lodged exclusively with the National Electrification Administration
    (NEA); and neither the Charter of the City of Dumaguete nor the [old] Local Government Code
    (Batas Pambansa Blg. 337) grants the SP such power. The SP averred that inherent in the
    legislative functions performed by the respondent SP is the power to conduct investigations
    in aid of legislation and with it, the power to punish for contempt in inquiries on matters within
    its jurisdiction.
    ISSUE: Whether or not LGUs can issue contempt.
    HELD: No. There is no express provision either in the 1973 Constitution or in the LGC (BP
    337) granting local legislative bodies, the power to subpoena witnesses and the power to
    punish non-members for contempt. Absent a constitutional or legal provision for the exercise
    of these powers, the only possible justification for the issuance of a subpoena and for the
    punishment of non-members for contumacious behavior would be for said power to be
    deemed implied in the statutory grant of delegated legislative power. But, the contempt power
    and the subpoena power partake of a judicial nature. They cannot be implied in the grant of
    legislative power. Neither can they exist as mere incidents of the performance of legislative
    functions. To allow local legislative bodies or administrative agencies to exercise these
    powers without express statutory basis would run afoul of the doctrine of separation of
    powers. There being no provision in the LGC explicitly granting local legislative bodies, the
    power to issue compulsory process and the power to punish for contempt, the SP of
    Dumaguete is devoid of power to punish the petitioners Torres and Umbac for contempt. The
    Ad Hoc Committee of said legislative body has even less basis to claim that it can exercise
    these powers. Even assuming that the SP and the Ad-Hoc Committee had the power to issue
    the subpoena and the order complained of, such issuances would still be void for being ultra
    vires. The contempt power (and the subpoena power) if actually possessed, may only be
    exercised where the subject matter of the investigation is within the jurisdiction of the
    legislative body.

    21 Bengzon vs. Senate Blue Ribbon Committee (G.R. No. 89914, November 20, 1991)92, November 5,
    1987)

    22 Senate vs. Ermita (G.R. No. 169777, April 20, 2006)


    23 Araneta vs. Dinglasan (84 Phil. 369)
    24 Tolentino vs. Secretary of Finance (G.R. No. 115544, August 25, 1994)
    24 Alvarez vs. Guingona (G.R. No. 118303, January 31, 1996)
    25 Araullo vs. Aquino (G.R. No. 209287, July 1, 2014)
    26 Philippine Judges Association vs. Prado (G.R. No. 105371, November 11, 1993

    26 Tolentino vs. Secretary of Finance (G.R. No. 115544, August 25, 1994)

    26 Philconsa vs. Gimenez (G.R. No. L-23326, December 18, 1965)

    You might also like