Negros Oriental II Electric Cooperative, Inc. v. Sangguniang Panlungsod of Dumaguete
NEW DOCTRINEFacts
The Antecedents: Petitioners Paterio Torres and Arturo Umbac, Chairman and General Manager of Negros Oriental II Electric Cooperative, Inc. (NORECO II), were issued a subpoena by the respondent Ad Hoc Committee of the Sangguniang Panlungsod of Dumaguete to appear in an investigation concerning the installation and use of inefficient power lines by NORECO II in Dumaguete City. NORECO II is an electric cooperative with its principal place of business in Dumaguete City. Procedural History: Petitioners moved to quash the subpoena, arguing that the power to investigate and order improvements of power lines rests exclusively with the National Electrification Administration (NEA) and that the Sangguniang Panlungsod lacks specific power under its Charter or the Local Government Code to investigate NORECO II's power lines. The motion was denied, and petitioners were ordered to show cause why they should not be punished for legislative contempt for failing to appear. This led to the filing of a special civil action for certiorari and prohibition with preliminary injunction and/or restraining order. The Petition: Petitioners sought to halt the respondent committee's attempt to punish non-members for legislative contempt, questioning the existence of such power in the local legislative body or its committees. This Court issued a Temporary Restraining Order enjoining respondents from compelling attendance and testimony and from issuing or executing contempt orders.
Issue(s)
Whether the Sangguniang Panlungsod of Dumaguete possesses the power to compel the attendance and testimony of witnesses and to punish non-members for legislative contempt. Whether the investigation into the efficiency of NORECO II's power lines falls within the jurisdiction of the Sangguniang Panlungsod of Dumaguete.
Ruling
The subpoena dated October 25, 1985, and the Order dated October 29, 1985, are declared null and void for being ultra vires. The Sangguniang Panlungsod of Dumaguete and its Ad-Hoc Committee are without power to punish non-members for contempt. The Temporary Restraining Order issued by this Court is made permanent. Petition is GRANTED.
Ratio Decidendi
On the power of local legislative bodies to punish for contempt: The Court distinguished between the powers of Congress and those of local legislative bodies. While Congress, as a repository of legislative power and one of the three co-equal branches of government, has been recognized to possess the power to punish for contempt as a means of self-preservation and to ensure the effectiveness of its inquiries, this power is not inherent in local legislative bodies. Local legislative bodies are mere creatures of law, possessing delegated legislative power. There is no express constitutional or statutory provision granting local legislative bodies the power to subpoena witnesses or punish non-members for contempt. These powers are judicial in nature and cannot be implied from the grant of legislative functions. To allow local bodies to exercise such powers without express statutory basis would contravene the doctrine of separation of powers. Therefore, the Sangguniang Panlungsod of Dumaguete is devoid of the power to punish petitioners for contempt. On the jurisdiction of the Sangguniang Panlungsod over the subject matter: Even assuming, arguendo, that the Sangguniang Panlungsod possessed the power to issue subpoenas and punish for contempt, such issuances would still be void for being ultra vires. The power to investigate and punish for contempt can only be exercised when the subject matter of the investigation is within the jurisdiction of the legislative body. The investigation into the efficiency of NORECO II's power lines and its compliance with its franchise falls outside the jurisdiction of the Sangguniang Panlungsod. While city governments have the power to enact ordinances regulating the installation and maintenance of electric power lines for public safety, this power does not extend to inquiring into the efficiency of service supplied by electric cooperatives, which is under the franchising and regulatory powers of the National Electrification Administration (NEA) as provided for in Presidential Decree No. 269. The Sangguniang Panlungsod may only invite resource persons for proposed ordinances, but it cannot conduct investigations into suspected violations of franchise conditions by electric cooperatives.
Main Doctrine
Local legislative bodies, unlike Congress, do not possess the inherent power to punish non-members for legislative contempt or to issue compulsory process (subpoena), as these powers are judicial in nature and require express statutory grant. Such powers cannot be implied from the delegated legislative power.