HERNANDEZ v.

NATIONAL POWER CORPORATION

G.R. No. 145328. March 23, 2006

Facts:
In 1996, NAPOCOR constructed a 29 decagon-shaped steel poles or
towers with a height of 53.4 meters to support overhead high tension
cables in connection with its 230 Kilovolt Sucat-Araneta-Balintawak Power
Transmission Project. The transmission lines passes through Sergio
Osmena, Sr. Highway (South Superhighway), the perimeter of Fort
Bonifacio, and Dasmarias Village proximate to Tamarind Road, where
petitioners homes are. Petitioners, alarmed by the exposure of
electromagnetic fields that could possibly affect their health with such
illness from cancer to leukemia, aired their growing concern to the
NAPOCOR, which conducted a series of meetings with them. However, the
negotiation with NAPOCOR did not go well as the petitioners contend for
the relocation of the transmission lines to Fort Bonifacio while the
NAPOCOR insists on a 12-meter easement widening.
Petitioners then filed an action against NAPOCOR in which it restrained
NAPOCOR from energizing the power lines and enjoined them until there is
final judgment. The CA however set aside the order on the ground that the
proscription on injunctions against infrastructure projects of the government
is mandated under PD 1818. Upon appeal, the petitioners contend that PD
1818 was not construed to apply in cases of extreme urgency such as their
right to health issue.

Issue:
Whether the trial court may issue preliminary injunction to enjoin the
construction of steel towers of NAPOCOR in accordance with PD 1818.

Held:
YES. The court ruled that although PD 1818 prohibits any court from
issuing injunctions in cases involving infrastructure projects, the prohibition
extends only to the issuance of injunctions or restraining orders against
administrative acts in controversies involving facts or the exercise of
discretion in technical cases. On issues clearly outside the dimension and
involving questions of law, the courts could not be prevented from
exercising their power to restrain or prohibit administrative acts.

In the case, petitioners sought the issuance of a preliminary injunction on

the ground that the NAPOCOR Project impinged on their right to health as
adduced in evidence copies of studies linking the incidence of illnesses
such as cancer and leukemia to exposure to electromagnetic fields. The
respondents also violated the Local Government Code provision for failure
to conduct prior consultation with the petitioner, as the community affected
by the project.

Thus, the evidence on record justifies the conclusion that the project of
NAPOCOR probably imperils the health and safety of the petitioners so as
to justify the issuance by the trial court of a writ of preliminary injunction.