Tuesday, January 7, 2020

Peco mess could hurt Iloilo–solon


By Jovee Marie de la Cruz - January 7, 2020
A deputy majority leader on Monday called on the Iloilo Regional Trial Court to expedite the resolution of the case involving the city’s power distribution utilities before it affects Iloilo as an investment and tourism destination.
Iloilo Rep. Julliene Baronda made the appeal to Iloilo Regional Trial Court Branch 35 Judge Daniel Antonio Gerardo Amular following his November decision suspending the expropriation proceeding over the assets of Panay Electric Co. (Peco), Iloilo City’s former power franchise holder.
According to Baronda, the long dispute over the right to provide the city’s power supply does not only affects the residential consumers but could damage Iloilo’s reputation as an investment and tourism destination.
“[Peco’s] Ninety-six years [as power distributor] is a long time and is more than enough opportunity to perfect one’s act,” Baronda said.
“[However] I would rather that we wait for the decision than issue statements that might be construed as sub judice or intrusive into the province of the judiciary. But I pray that the esteemed judge handling the case will look into the merits thoroughly and will come up with a verdict that is beneficial to the Ilonggo people,” she added.
Amular recently requested the Supreme Court that the expropriation case against Peco be transferred outside Iloilo City because “it has become too politicized.”
Amular said this in response to the administrative complaint filed against him in the Supreme Court last December 12 by MORE Power President Roel Castro and company lawyer Hector Teodosio.
Castro and Teodosio asked the SC to remove Amular after accusing him of grave misconduct, gross ignorance of the law and violation of the Code of Judicial Ethics in relation to Amular’s handling of the expropriation case.
The MORE Power officials alleged that Amular had delayed resolution of the case in favor of Peco as shown by his order to MORE Power to agree to a settlement of the case with Peco during a meeting with Castro and a Peco official in his chamber last September.
MORE Power also pointed to Amular’s decision to ignore the writ of possession (WOP) issued by the previous Iloilo City RTC judge who handled the expropriation case, Judge Yvette Go, as provided under Republic Act (RA) 11212, which granted MORE a 25-year franchise as electricity distribution utility in Iloilo City.
The new Iloilo City power utility has deposited almost P500 million to the Iloilo City RTC following Judge Go’s issuance of the WOP as provided under RA 11212.
Amular, in his response to MORE Power, denied delaying the expropriation proceedings, saying he was awaiting the SC decision on whether MORE Power’s expropriation powers are constitutional.
RA 11212, which was approved by the 17th Congress and signed into law by President Duterte on February 14, 2019, granted MORE Power the power of eminent domain and the power to expropriate any distribution assets in Iloilo City.
It also authorized the Energy Regulatory Commission to issue Peco a two-year temporary Certificate of Public Convenience and Necessity (CPCN) so it could continue distributing electricity in Iloilo City until MORE Power starts its power distribution.
Peco had sought to stop the expropriation of its distribution assets and convinced the Mandaluyong Regional Trial Court to declare Sections 10 and 17 of RA 11212 granting MORE Power’s power of eminent domain and expropriation as unconstitutional because they allegedly deprived Peco of its rights.
The SC, however, issued on December 3, 2019, a temporary restraining order to stop the Mandaluyong court from enforcing its ruling. The TRO remains in effect until the SC decides whether the Mandaluyong RTC erred in declaring as unconstitutional the expropriation powers given by Congress to MORE Power.

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