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G.R. No. 168914 - Metropolitan Cebu Water District v. Margarita A. Adala: July 2007 - Philipppine Supreme Court Decisions. MCWD Vs ADALA
G.R. No. 168914 - Metropolitan Cebu Water District v. Margarita A. Adala: July 2007 - Philipppine Supreme Court Decisions. MCWD Vs ADALA
G.R. No. 168914 - Metropolitan Cebu Water District v. Margarita A. Adala: July 2007 - Philipppine Supreme Court Decisions. MCWD Vs ADALA
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July 2007 - Philippine Supreme Court Decisions/Resolutions
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G.R. No. 168914 - Metropolitan Cebu Water District v.
Margarita A. Adala
EN BANC
DECISION
ChanRobles CPA
CARPIO MORALES, J.:
Review Online
The Decision of the Regional Trial Court (RTC) of Cebu
dated February 10, 2005, which affirmed in toto the
Decision of the National Water Resources Board
(NWRB) dated September 22, 2003 in favor of
Margarita A. Adala, respondent, is being challenged in
the present Petition for Review on Certiorari.
hearing officer. 2
Orlando Ubina y and maintain the subject waterworks system, and that
A.M. No. 07-2-92- proposed rates herein set effective upon approval as
absenteeism of Ms.
Eva Rowena J. Ypil Consumption Blocks Proposed Rates
etc.
SC - Re: Report on
the alleged theft of
31-40 cu. m. 35.00 per cu. m.
electrical wires.
A.M. No. P-04- Hence, the present Petition for Review raising the
T. Cunting et al.
Recacho et al. where this Court held that, in the absence of a board
resolution authorizing a person to act for and in behalf
A.M. No. P-06- of a corporation, the action filed in its behalf must fail
2252 - Virginia D. since "the power of the corporation to sue and be sued
Seangio v. Julieta F. in any court is lodged with the board of directors that
2047 (Formerly OCA authorizing its lawyers "to act as their agents in
RTJ) and A.M. No. Court, the Court of Appeals, or any other tribunal
Coronado v. Judge for such action and proceeding." The Resolution was
Eddie R. Rojas etc. sufficient to vest such persons with the authority
to bind the corporation and was specific enough
1460, A.M. No. 99-7- (Emphasis and underscoring supplied, italics in the
No. RTJ-06-1988 -
Nonetheless, while the questioned resolution
Office of the Court
sufficiently identifies the kind of cases which Engineer
Administrator v.
Paredes may file in petitioner's behalf, the same does
Judge Florentino V.
not authorize him for the specific act of signing
Floro, Jr./Resolution
verifications and certifications against forum shopping.
Dated 11 May 1999
For it merely authorizes Engineer Paredes to file cases
of Judge Florentino V.
in behalf of the corporation. There is no mention of
Floro, Jr./Luz Arriego signing verifications and certifications against forum
v. Judge F. Floro, Jr. shopping, or, for that matter, any document of
whatever nature.
G.R. No. 119716 -
A board resolution purporting to authorize a person to
Antonia J. Gutang v.
sign documents in behalf of the corporation must
the Deputy Sheriff, et
explicitly vest such authority. BPI Leasing Corporation
al.
v. Court of Appeals 10 so instructs:
G.R. No. 131023, The records are bereft of the authority of BLC's
G.R. No. 131768 - the present petition and to sign the certification
Borres, et al. v. Hon. the counsel of record for BLC, the representation does
J. Abela, et al. / Atty. not vest upon him the authority to execute the
G.R. No. 133564 - only then that his actions can be legally binding
al.
It bears noting, moreover, that Rule 13 Section 2 of
the Rules of Court merely defines filing as "the act of
G.R. No. 135687
presenting the pleading or other paper to the clerk of
(Re: OMB-0-96-2643
court." Since the signing of verifications and
: Re: OMB-0-96-2644
certifications against forum shopping is not integral to
: Re: OMB-0-96- the act of filing, this may not be deemed as necessarily
2645) - Presidential included in an authorization merely to file cases.
Ad Hoc Fact-Finding
Engineer Paredes not having been specifically
Committee on Behest
authorized to sign the verification and certification
Loans-PCGG, Et Al.,
against forum shopping in petitioner's behalf, the
v. Hon. Ombudsman
instant petition may be dismissed outright.
Aniano Desierto, Et
Al. Technicality aside, the petition just the same merits
dismissal.
G.R. No. 135928 -
In support of its contention that the consent of its
Berdin v. Mascari as
Board of Directors is a condition sine qua non for the
grant of the CPC applied for by respondent, petitioner
G.R. No. 140231 -
PRESIDENTIAL cites Section 47 of P.D. 198 11 which states:
COMMISSION ON
Sec. 47. Exclusive Franchise. - No franchise shall
GOOD GOVERNMENT
be granted to any other person or agency for
v. HON. ANIANO A.
domestic, industrial or commercial water service within
DESIERTO, ET AL.
the district or any portion thereof unless and except to
the extent that the board of directors of said district
G.R. No. 141834 -
consents thereto by resolution duly adopted, such
Commissioner Rufus
resolution, however, shall be subject to review by the
B. Rodriguez, et al. v.
Administration. (Emphasis and underscoring supplied) cralawlibrary
Samuel A. Jardin
G.R. No. 156211 - infer that the local legislative body has the power to
C-E Construction
If two or more cities, municipalities or provinces, or
Corp., et al.
any combination thereof, desire to form a single
district, a similar resolution shall be adopted in each
G.R. No. 156878 -
city, municipality and province; or the city, municipality
Emiliana S. Dela Cruz
or province in which 75% of the total active service
v. Court of Appeals,
connections are situated shall pass an initial resolution
et al.
to be concurred in by the other cities, municipalities or
provinces.
G.R. No. 156964 -
SECTION 7. Filing of Resolution. - A certified copy of
Magro Placement &
the resolution or resolutions forming a district
Gen. Services etc. v.
shall be forwarded to the office of the Secretary
Cresenciano E.
of Administration. If found by the Administration
Hernandez
to conform to the requirements of Section 6 and
the policy objectives in Section 2, the resolution
G.R. No. 157433 -
shall be duly filed. The district shall be deemed
Erlinda Asejo v.
duly formed and existing upon the date of such
People of the
filing. A certified copy of said resolution showing the
Philippines
stamp of the Administration shall be maintained in the
office of the district. Upon such filing, the local
G.R. No. 157439 -
government or governments concerned shall lose
Multi-Ventures
ownership, supervision and control or any right
Capital & Mgt. Corp.
whatsoever over the district except as provided herein.
v. Stalwart Mgt.
(Emphasis and underscoring supplied)
Services Corp., et al.
cralawlibrary
et al. 1973 ' the constitution in force when P.D. 198 was
issued on May 25, 1973. Thus, Section 5 of Art. XIV of
G.R. No. 159292 - the 1973 Constitution reads:
Sps. Richard B.
SECTION 5. No franchise, certificate, or any other form
Pascual etc. v. Sps
of authorization for the operation of a public utility
Reynaldo P. Coronel
shall be granted except to citizens of the Philippines or
etc.
to corporations or associations organized under the
laws of the Philippines at least sixty per centum of the
G.R. No. 159298 -
capital of which is owned by such citizens, nor shall
ARMANDO F. CHAN v.
such franchise, certificate, or authorization be
HON. SIMEON V.
exclusive in character or for a longer period than
MARCELO, ET AL.
fifty years. Neither shall any such franchise or right
be granted except under the condition that it shall be
G.R. No. 159372 -
subject to amendment, alteration, or repeal by the
Ronald Nicol, et al. v.
Batasang Pambansa when the public interest so
Footjoy Industrial
requires. The State shall encourage equity participation
Corp et al.
in public utilities by the general public. The
participation of foreign investors in the governing body
G.R. No. 159374 -
of any public utility enterprise shall be limited to their
Felipe N. Madrinan v.
proportionate share in the capital thereof. (Emphasis
Francisca R.
and underscoring supplied)
Madrinan
cralawlibrary
the Philippines
It bears noting, moreover, that as early as 1933, the
G.R. No. 159796 - Court held that a particular water district - the
Romeo P. Gerochi, et Metropolitan Water District - is a public utility. 20
al v. Dept of Energy,
The ruling in National Waterworks and Sewerage
et al.
Authority v. NWSA Consolidated Unions 21 is also
MALARIA EMPLOYEES
We agree with petitioner that the NAWASA is a public
AND WORKERS
utility because its primary function is to
ASSOCIATION OF
construct, maintain and operate water reservoirs
THE PHILIPPINES,
and waterworks for the purpose of supplying
INC., ET AL. v. THE
water to the inhabitants, as well as consolidate and
HONORABLE
centralize all water supplies and drainage systems in
EXECUTIVE
the Philippines. x x x (Emphasis supplied) cralawlibrary
SECRETARY ALBERTO
ROMULO, ET AL. Since Section 47 of P.D. 198, which vests an "exclusive
franchise" upon public utilities, is clearly repugnant to
G.R. No. 160729 -
Article XIV, Section 5 of the 1973 Constitution, 22 it is
Josefina Cogtong v.
unconstitutional and may not, therefore, be relied
Kyoritsu Int'l Inc. et
upon by petitioner in support of its opposition against
al.
respondent's application for CPC and the subsequent
grant thereof by the NWRB.
G.R. No. 161304 -
Sps. Arturo Condes & WHEREFORE, Section 47 of P.D. 198 is
Nora Condes v. The unconstitutional. The Petition is thus, in light of the
Hon Court of Appeals, foregoing discussions, DISMISSED.
et al.
SO ORDERED.
5 Id. at 7.
G.R. No. 163352 -
WT Construction Inc.,
6 G.R. No. 96551, November 4, 1996, 264
et al. v. Dept. of
SCRA 11, 17.
Public Works &
Highways, et al. 7 G.R. No. 128690, January 21, 1999, 301
Electric Cooperative
9 391 Phil. 370, 377 (2000).
Inc. v. NLRC, et al.
Philippines
12 G.R. No. 119528, March 26, 1997, 270
OF APPEALS, ET AL.