August 19, 2019 | 10:53 pm
ILOILO CITY — A
Regional Trial Court (RTC) has granted the petition of the Razon-led MORE
Electric and Power Corp. to take over the assets of Iloilo City’s long-time
power distributor, Panay Electric Co. (PECO).
RTC Branch 37 Judge
Marie Yvette D. Go granted the application in a 13-page order signed Aug. 14.
“This Court finds the
Complaint for Expropriation sufficient in form and substance. In expropriation
cases, the sufficiency in form and substance of the complaint (is) to be
determined by mere examination of the allegations of the complaint. It finds
too that the deposit made by the plaintiff is equivalent to the assessed value
of the properties subject of the expropriation,” according to the order.
MORE Power, which was
granted the franchise for power distribution in Iloilo under Republic Act (RA)
11212, filed the expropriation case on March 11 pursuant to its exercise of the
power of eminent domain contained in the law.
In her resolution, Ms.
Go said the power of eminent domain under certain conditions is a limitation on
the right of ownership and “may be exercised even over private properties of
cities and municipalities and even over lands registered with a Torrens title.”
On May 21, MORE Power
deposited P481,842,450 with the Land Bank of the Philippines, equivalent to the
assessed value of PECO’s properties subject to expropriation.
The Iloilo court ruling
contradicts the July 1 decision of the Mandaluyong RTC Branch 209 declaring RA
11212 as “void and unconstitutional for infringing on PECO’s rights to due
process and equal protection of the law.”
The Mandaluyong case
was filed by PECO.
Right after issuing the
order, the Iloilo judge inhibited herself from the case.
The expropriation case
was raffled again on Monday and it will now be heard by Judge Daniel Antonio
Gerardo S. Amolar of RTC Branch 35.
MORE Power’s lawyer,
Hector P. Teodosio, said MORE expects the enforcement of the writ of possession
within this week.
“The writ is already
enforceable by the sheriff because of the court order. We expect to enforce it
within the week,” he said in a phone interview.
PECO, on the other
hand, said the Iloilo court ruling is “unprecedented and patently invalid.”
“PECO is aghast, to say
the least, at such brazenness. Such Order is a blatant violation of the
Constitution. The expropriation provisions of RA 11212 have already been
declared unconstitutional by the RTC in Mandaluyong. While the said judgment
was appealed by MORE to the Supreme Court with a prayer for injunctive relief,
the High Tribunal has not issued any temporary restraining order against the
implementation of the injunction,” PECO said in a statement.
PECO further said Ms.
Go and MORE Power are “committing not only contempt against the RTC Mandaluyong
but also against the Supreme Court.”
“PECO assures the
people of Iloilo that it will not tolerate such illegal and underhanded
maneuverings. PECO will enforce and implement the final injunction of RTC of
Mandaluyong,” the company said. — Emme Rose S. Santiagudo
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