Chapter X

Repeal of Statutes
National Power Corp. vs. Arca, G.R. No. 23309, Oct. 31, 1968
Facts: Electric plant operators, who are members of the Philippine Electric Plant Owners
Association (PEPOA), filed an injunction suit in the Court of First Instance to restrain the revised
rate of charges for the electric power and energy sold by the National Power Corporation
(NAPOCOR). The court issued a writ of preliminary injunction.
NAPOCOR moved to dissolve the injunction and dismiss the petition, claiming that the court has
no jurisdiction on the matter, since the authority belonged to the Public Service Commission.
This was denied, hence this petition for certiorari. The relevant laws in this case are:

Section 2 of Commonwealth Act No. 120, creating the National Power Corporation: The
powers of the said corporation shall be to sell electric power and to fix the rates:
Provided, That the rates of charges shall not be subject to revision by the Public
Service Commission. [Earlier special law, pertains to NAPOCOR]
Sections 13 and 14 of RA 2677, amending the Public Service Act, vested the Public
Service Commission with jurisdiction to fix the rate of charges by public utilities
owned or operated by any instrumentality of the National Government or by any
government-owned or controlled corporation. [Later general law, pertains to any
GOCC]

Decision: The Public Service Commission has no authority to inquire into the rates of charges
for services rendered by the NAPOCOR.
General rule: general law does not repeal special law. The enactment of a later legislation,
which is a general law, cannot be construed to have repealed the earlier special law. Where
there are two statutes, the earlier special and the later general the terms of the general broad
enough to include the matter provided for in the special there is a presumption that the special
is to be considered as remaining an exception to the general: one as a general law of the land,
the other as the law of a particular case. A special statute is not repealed by a subsequent
general statute, unless the intent to repeal or alter is manifest.
Secondary notes
Explanatory note of RA 2677. The jurisdiction conferred upon the Public Service Commission
over the public utilities operated by GOCCs is to be confined to the fixing of rates of such public
services, in order to avoid ruinous and unfair competition detrimental to operators and to the
public interests. NAPOCOR harnesses, distributes and sells electric power and energy to
electric plant owners who, in turn, resell them to the consuming public. The contingency
intended to be met by the legal provision under consideration would not exist. The authority of
the Public Service Commission under RA 2677, over the fixing of rates of charges of public
utilities owned or operated by GOCCs, can only be exercised where the charter of the
government corporation concerned does not contain any provision to the contrary.