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Manila Electric Co. Vs Pasay Transportation Co. , November 25, 1932 Facts: The Manila Electric company filed a petition before the court requesting the members of the SC sitting as board of arbitrators to fix the terms upon which certain transportation companies shall be permitted to use the Pasig bridge of the MERALCO.MERALCO submits the petition before the court by virtue of Act No. 1446, section 11 which states: Whenever any franchise or right of way is granted to any other person or corporation, now or hereafter in existence, over portions of the lines and tracks of the grantee herein, the terms on which said other person or corporation shall use such right of way, and the compensation to be paid to the grantee herein by such other person or corporation for said use, shall be fixed by the members of the SC sitting as a board of arbitrators, the decision of a majority of whom shall be final. For every franchise granted, terms as to the usage and compensation to be paid to the grantee shall be fixed by the members of the SC sitting as board of arbitrators, a majority vote is required and this is final. Copies were sent to the affected transportation company once of which is the Pasay Transportation and to Atty. Gen which disclaimed any interest. Frameworks of the statute: SC sitting as board of arbitrators and as an entity; Franchise granted to Meralco although only a contract bet parties to it is now affecting rights of persons not signatories to it. The parties to an arbitration may not oust the courts of jurisdiction of the matters submitted to an arbitration. It has been held that a clause in a contract, providing that all matters in dispute between the parties shall be referred to arbitrators and to them alone, is contrary to public policy and cannot oust the courts of jurisdiction. ISSUE: Whether or not the members of the SC can sit as arbitrators. RULING: Act No. 1446, Section 11, Validity of; Members of the Supreme Court Sitting as a Board of Arbitrators; Division of Powers. The Supreme Court of the Philippine Islands represents one of the three divisions of power in the Philippine Government. It is judicial power and judicial power only which is exercised by the Supreme Court. The Supreme Court and its members should not and cannot be required to exercise any power or to perform any trust or to assume any duty not

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Manila Electric Co. Vs Pasay Transportation Co. , November 25, 1932Facts: The Manila Electric company filed a petition before the court requesting the members of the SC sitting as board of arbitrators to fix the terms upon which certain transportation companies shall be permitted to use the Pasig bridge of the MERALCO.MERALCO submits the petition before the court by virtue of Act No. 1446, section 11 which states: Whenever any franchise or right of way is granted to any other person or corporation, now or hereafter in existence, over portions of the lines and tracks of the grantee herein, the terms on which said other person or corporation shall use such right of way, and the compensation to be paid to the grantee herein by such other person or corporation for said use, shall be fixed by the members of the SC sitting as a board of arbitrators, the decision of a majority of whom shall be final. For every franchise granted, terms as to the usage and compensation to be paid to the grantee shall be fixed by the members of the SC sitting as board of arbitrators, a majority vote is required and this is final. Copies were sent to the affected transportation company once of which is the Pasay Transportation and to Atty. Gen which disclaimed any interest. Frameworks of the statute: SC sitting as board of arbitrators and as an entity; Franchise granted to Meralco although only a contract bet parties to it is now affecting rights of persons not signatories to it. The parties to an arbitration may not oust the courts of jurisdiction of the matters submitted to an arbitration. It has been held that a clause in a contract, providing that all matters in dispute between the parties shall be referred to arbitrators and to them alone, is contrary to public policy and cannot oust the courts of jurisdiction.ISSUE: Whether or not the members of the SC can sit as arbitrators.RULING: Act No. 1446, Section 11, Validity of; Members of the Supreme Court Sitting as a Board of Arbitrators; Division of Powers. The Supreme Court of the Philippine Islands represents one of the three divisions of power in the Philippine Government. It is judicial power and judicial power only which is exercised by the Supreme Court. The Supreme Court and its members should not and cannot be required to exercise any power or to perform any trust or to assume any duty not pertaining to or connected with the administering of judicial functions. Jurisdiction of the Supreme Court, The Supreme Court exercises jurisdiction as a court and this jurisdiction does not include the exercise of jurisdiction by the members of the Supreme Court sitting as a board of arbitrators. A board of arbitrators is not a "court" in any proper sense of the term and possesses none of the jurisdiction which the Organic Act contemplates shall be exercised by the Supreme Court. It would be improper and illegal for the members of the Supreme Court, to sit as a board of arbitrators the decision of a majority of whom shall be final.