Mary Ann LL. Reyes (The
Philippine Star) - May 19, 2019 - 12:00am
Last week, I was in Iloilo City for
several days. Because I didn’t experience any power interruption, I have
forgotten that I was in a city which is the subject of a raging war between
Panay Electric Co. or PECO, which has been supplying electricity to Ilonggos
for 97 years until its franchise expired last Jan. 19, and MORE Power owned by
businessman Enrique Razon, which recently secured a congressional franchise to
supply power in Iloilo City and three other municipalities.
To ensure continued service in the
franchise area, PECO was allowed in the interim to continue distributing
electricity by the Department of Energy and the Energy Regulatory Commission
(ERC).
But not for long if MORE succeeds in
convincing ERC to issue it a certificate of public convenience (CPCN) to engage
in the distribution of electricity and if it succeeds in the expropriation
proceedings it has filed to take over PECO’s assets used in distributing
electricity in Iloilo City.
PECO last March 6 filed a petition
for declaratory relief with the Mandaluyong Regional Trial Court, asking for a
TRO to prevent the expropriation proceedings, the takeover by MORE of PECO’s
distribution assets, the issuance of a CPCN by the ERC, among others. It also
sought to declare certain provisions of Republic Act 11212 which granted MORE’s
franchise as unconstitutional and invalid, in particular the sections
pertaining to the right of eminent domain and transition of operations, saying
that these amount to an arbitrary and confiscatory takeover of its assets.
PECO emphasized in court that it had
no obligation to sell its assets to MORE and neither has MORE the right to
expropriate PECO’s assets, adding that MORE which had no assets, facilities or
equipment will effectively be allowed to own PECO’s entire distribution system
if it is allowed to expropriate its assets.
On March 11, MORE filed an
expropriation case before the Iloilo RTC to acquire PECO’s assets, saying it
was ready to pay P480 million which is the estimated value of the assets as
just compensation.
Last March 12, the Mandaluyong RTC
issued a TRO, ordering MORE not to push through with its expropriation
proceedings against PECO.
But MORE went to the Court of
Appeals and on March 28 got a 60-day TRO against the Mandaluyong court’s halt
order.
In justifying the TRO,
CA Associate Justice Elihu Ybanez said PECO’s franchise had already expired and
another franchise has been granted to MORE, that under the Electric Power
Industry Reform Act (EPIRA) only the Supreme Court can prevent franchises
granted to distribution utilities like MORE, that it is illegal for the Mandaluyong
court to prevent the DOE and ERC from performing their mandate under the EPIRA,
and that the lower court’s TRO was in effect extending PECO’s franchise which
is an authority vested only in Congress.
PECO’s lawyers believe
that ERC should not be embroiled in the ongoing legal battle with MORE and
should in fact suspend hearings being conducted in connection with MORE’s CPCN
application.
ERC claims that the TRO
only pertains to the actual issuance of the CPCN to MORE and not ERC’s powers
and functions under EPIRA, including the conduct of public hearings.
But the lawyers
cautioned the ERC against favoring an immediate MORE takeover of PECO assets,
saying MORE does not have the expertise, the experience, and the manpower to
manage and run a power utility, not to mention that public officials supporting
what may be declared later as an unlawful takeover may be held liable.
Freelancer concerns
Freelancing is fast
becoming an important segment in the Philippine economy, according to leading
global online payments company PayPal.
In fact, the
Philippines has one of the largest proportions of freelancers to total
population in the world, with two percent of its economy made up of
freelancers, according to PayPal Southeast Asia Cross-Border Trade general
manager Nagesh Devata. There are around 1.5 million freelancers in the country.
A recent online survey
conducted by PayPal in April among Filipino freelancers has revealed that as
much as 92 percent saw job stability as a key concern for their careers.
But Devata noted that
while flexibility and autonomy are some of the core benefits of freelancing,
this comes with its own challenges, including job stability, and as freelancers
move from contract to contract, it becomes difficult to forecast their
businesses.
Around 64 percent of
Filipino freelancers say that having more than one client is important to
succeed as a freelancer. This allows them to hedge the unpredictability of work
and diversify their income streams.
Devata said that the
more experienced freelancers have learned to work around the job stability
challenge by investing in client relationships and managing their time across
multiple clients.
Nearly 54 percent of
the respondents said that building client relationships is the best approach to
improving job stability. Other approaches include charging higher rates (20
percent) and upskilling with additional training (14 percent).
Freelancers also face
challenges that come with having and juggling multiple clients, with 69 percent
of the respondents citing time management as the biggest challenge, followed by
different client requests (12 percent), and building new client relationships
(six percent).
Another challenge to
managing multiple jobs from various companies or employers across the globe is
having a cross-border payments platform or system that allows freelancers to
receive payment, and get paid on time.
Devata pointed out that
most freelancers work online and remotely for employers from outside the
Philippines, mostly from the US, Australia, the UK and Canada.
He said that by
facilitating cross-border payments seamlessly with their industry-leading
products, strong strategic partnerships and global outreach, PayPal is an
international bridge for freelancers and businesses, especially SMEs. Besides
providing freelancers access to funds quickly, PayPal also empowers them by
providing access to global customers, and helping them to widen and increase
their client pool.
With offerings like
PayPal Business mobile app and PayPal.Me, PayPal enables freelancers and small
businesses to invoice their clients and customers on-the-go as well as track
all of their incoming payments through their phones.
Devata added that by
enabling freelancers’ access to the digital economy on a secure platform,
PayPal hopes to continue playing an important role in not only helping them to
survive, but to scale and realize their growth ambitions.
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