NAPOCOR v.

Arca
ISSUE: WoN Sec. 2 of Com. Act 120 creating the NAPOCOR, a government-owned corporation, and empowering it to
sell electric power and to fix the rates and provide for the collection of the charges for any services rendered: Provided,
the rates of charges shall not be subject to revision by the Public Service Act has been repealed by RA 2677 amending
the Public Service Act and granting the Public Service Commission the jurisdiction to fix the rate of charges of public
utilities owned or operated by the government or government-owned corporations.
HELD: a special law, like Com. Act 120, providing for a particular case or class of cases, is not repealed by a subsequent
statute, general in its terms, like RA 2677, although the general statute are broad enough to include the cases embraced
in the special law, in the absence of a clear intent to repeal.

There appears no such legislative intent to repeal or abrogate the provisions of the earlier law.

The explanatory note to House Bill 4030 the later became RA 2677, it was explicit that the jurisdiction conferred
upon the Republic Service Commission over the public utilities operated by government-owned or controlled corporations
is to be confined to the fixing of rates of such public services

The harnessing and then distribution and sale of electric power 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 rate 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.

National Power Corporation vs Arca

GR No. 23309, Oct. 31, 1968
Facts:
On December 26, 1963, the Philippine Power and Development Company(PPDC) and the Dagupan Electric Corporation
(DEC), in their own behalf and on that of all the electric plant operators, who are members of the Philippine Electric Plant
Owners' Association (PEPOA), filed an injunction suit to restrain enforcement by the NAPOCOR of a revised rate of
charges for electric power and energy sold by the latter, which was scheduled to take effect on January 1, 1964. The
petition alleged that the unilateral revision by NAPOCOR of the rate and its imposition upon PPDC and DEC of the
amended contracts embodying said new rates, without first submitting them to arbitration, was in gross violation of the
provisions of the current contracts between them.
Issue:
Whether Section 2 of Commonwealth Act 120 has been repealed by R.A. 2677.
Held:
Section 2 of Commonwealth Act 120 has not been repealed by R.A. 2677. The court held that a special law, like Com. Act
No. 120, providing for a particular case or class of cases, is not repealed by a subsequent statute, general in its terms, like
Republic Act. No. 2677, although the terms of the general statute are broad enough to include the cases embraced in the
special law, in the absence of a clear intent to repeal. There appears no such legislative intent to repeal or abrogate the
provisions of the earlier law. From the explanatory note to House Bill No. 4030, that later become Republic Act No. 2677,
it was explicit that the jurisdiction conferred upon the Republic Service Commission over the public utilities operated by
government-owned or controlled corporations is to be confined to the fixing of rates of such public services, ' in order to
avoid cutthroat or ruinous and unfair competition detrimental to operators and to the public interests.