Scribd Logo
Upload

Welcome to Scribd!

  • 83 views

    TAWANG MULTI-PURPOSE COOPERATIVE Petitioner, v. LA TRINIDAD WATER DISTRICT, Respondent

    Uploaded by

    lalaine grace malaga
    1) Tawang Multi-Purpose Cooperative (TMPC) applied for a certificate of public convenience to operate a waterworks system in Barangay Tawang, which was opposed by La Trinidad Water District (LTWD) who argued they had an exclusive franchise. The National Water Resources Board granted the certificate to TMPC. 2) LTWD appealed to the Regional Trial Court, which set aside the NWRB decision. TMPC then filed a petition to the Supreme Court. 3) The Supreme Court granted TMPC's petition, ruling that Section 47 of Presidential Decree 198, which provided apparently exclusive franchises to water districts like LTWD, was unconstitutional

    Copyright:

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

    TAWANG MULTI-PURPOSE COOPERATIVE Petitioner, v. LA TRINIDAD WATER DISTRICT, Respondent

    Uploaded by

    lalaine grace malaga
    83 views1 page
    1) Tawang Multi-Purpose Cooperative (TMPC) applied for a certificate of public convenience to operate a waterworks system in Barangay Tawang, which was opposed by La Trinidad Water District (LTWD) who argued they had an exclusive franchise. The National Water Resources Board granted the certificate to TMPC. 2) LTWD appealed to the Regional Trial Court, which set aside the NWRB decision. TMPC then filed a petition to the Supreme Court. 3) The Supreme Court granted TMPC's petition, ruling that Section 47 of Presidential Decree 198, which provided apparently exclusive franchises to water districts like LTWD, was unconstitutional

    Original Description:

    CASE DIGEST

    Original Title

    TAWANG MULTI-PURPOSE COOPERATIVE Petitioner,v. LA TRINIDAD WATER DISTRICT, Respondent

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) Tawang Multi-Purpose Cooperative (TMPC) applied for a certificate of public convenience to operate a waterworks system in Barangay Tawang, which was opposed by La Trinidad Water District (LTWD) who argued they had an exclusive franchise. The National Water Resources Board granted the certificate to TMPC. 2) LTWD appealed to the Regional Trial Court, which set aside the NWRB decision. TMPC then filed a petition to the Supreme Court. 3) The Supreme Court granted TMPC's petition, ruling that Section 47 of Presidential Decree 198, which provided apparently exclusive franchises to water districts like LTWD, was unconstitutional

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    83 views1 page

    TAWANG MULTI-PURPOSE COOPERATIVE Petitioner, v. LA TRINIDAD WATER DISTRICT, Respondent

    Uploaded by

    lalaine grace malaga
    1) Tawang Multi-Purpose Cooperative (TMPC) applied for a certificate of public convenience to operate a waterworks system in Barangay Tawang, which was opposed by La Trinidad Water District (LTWD) who argued they had an exclusive franchise. The National Water Resources Board granted the certificate to TMPC. 2) LTWD appealed to the Regional Trial Court, which set aside the NWRB decision. TMPC then filed a petition to the Supreme Court. 3) The Supreme Court granted TMPC's petition, ruling that Section 47 of Presidential Decree 198, which provided apparently exclusive franchises to water districts like LTWD, was unconstitutional

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    166471: March 22, 2011

    TAWANG MULTI-PURPOSE COOPERATIVE Petitioner,v. LA TRINIDAD WATER DISTRICT,


    Respondent.

    CARPIO,J.:

    FACTS:

    Tawang Multi-Purpose Cooperative (TMPC) is a cooperative, organized to provide domestic water services in
    Barangay Tawang, La Trinidad, Benguet. La Trinidad Water District (LTWD) is a local water utility created under
    Section 47 of Presidential Decree (PD) No. 198, as amended. It is authorized to supply water for domestic, industrial
    and commercial purposes within the municipality of La Trinidad, Benguet.

    TMPC filed with the National Water Resources Board (NWRB) an application for a certificate of public convenience
    (CPC) to operate and maintain a waterworks system in Barangay Tawang. LTWD opposed TMPCs application,
    arguing that its franchise is exclusive as provided under PD 198. A CPC is however granted. LTWD filed a motion for
    reconsideration but the same was denied by NWRB. LTWD then appealed to the RTC where it court set aside the
    NWRB decision. Hence, this petition.

    ISSUE: Whether or not the petition may be granted

    HELD: Yes. RTC Decision Set Aside.

    Political Law- No franchise, certificate, or any other form of authorization for the operation of a public utility shall be
    granted except to citizens of the Philippines or to corporations or associations organized under the laws of the
    Philippines, at least sixty per centum of whose capital is owned by such citizens,nor shall such franchise, certificate or
    authorizationbe exclusive in characteror for a longer period than fifty years.

    Plain words do not require explanation. The 1935, 1973 and 1987 Constitutions are clear franchises for the operation
    of a public utility cannot be exclusive in character. The 1935, 1973 and 1987 Constitutions expressly and clearly state
    that,"nor shall such franchise x x x be exclusive in character."There is no exception.

    When the law is clear, there is nothing for the courts to do but to apply it. The duty of the Court is to apply the law the
    way it is worded. What cannot be legally done directly cannot be done indirectly. This rule is basic and, to a
    reasonable mind, does not need explanation. Indeed, if acts that cannot be legally done directly can be done
    indirectly, then all laws would be illusory.

    Indeed, the President, Congress and the Court cannot create directly franchises that are exclusive in character. What
    the President, Congress and the Court cannot legally do directly they cannot do indirectly. Thus, the President,
    Congress and the Court cannot create indirectly.

    In PD No. 198, as amended, former President Ferdinand E. Marcos (President Marcos) created indirectly franchises
    that are exclusive in character by allowing the BOD of LTWD and the LWUA to create directly franchises that are
    exclusive in character.

    In case of conflict between the Constitution and a statute, the Constitution always prevails because the Constitution is
    the basic law to which all other laws must conform to. The duty of the Court is to uphold the Constitution and to
    declare void all laws that do not conform to it.

    Petition Granted. Section 47 of PD 198 is UNCONSTITUTIONAL.

    You might also like