August 19, 2019 | 10:54 pm
THE Department of
Energy (DoE) is considering appealing a court injunction that blocked a DoE
circular requiring oil companies to “unbundle” or disclose information on what
goes into the pricing of petroleum products.
“We are currently
discussing this with the Office of the Solicitor General (OSG) but the [DoE] is
considering appealing that resolution,” Assistant Secretary Leonido J. Pulido
III told reporters Monday during an energy event.
“A preliminary
injunction order is essentially what we call a pending relief, so it runs
during the pendency of the case,” he said.
While the preliminary
injunction remains, the DoE cannot impose its circular until either it receives
relief from an appellate court or a decision is reached, he said.
He was referring to
Department Circular No. DC2019-005-008.
The writ of preliminary
injunction was issued by Branch 213 of the Regional Trial Court (RTC) of
Mandaluyong City that sided with petitioner Petron Corp.
Earlier this month,
Energy Secretary Alfonso G. Cusi said his office will continue to look for ways
to seek transparency in the pricing of petroleum products. The OSG is his
counsel for the case.
“The secretary did tell
us that we will defer to the decision of the Office of the Solicitor General.
Now in our last meeting the discussion was towards filing an appeal,” Mr.
Pulido said.
“Whether or not an
appeal is filed, there’s nothing we can do. That order stands. It’s a
legitimate order of a regional trial court. The [DoE] is bound to respect that.
So the unbundling circular cannot be enforced during the pendency of that
case,” he added.
The court decision
enjoined Mr. Cusi, who was respondent in the case in his capacity as Energy
secretary, from implementing and enforcing the department circular.
It said “if the
implementation of the assailed circular is not restrained in the meantime, the
petitioner might not be able to comply with its requirements, the first of
which is the submission of the weekly reports.”
“At the same time, the
petitioner might be placed at risk of losing its trade secrets and incur
irreparable injury by disclosing such information to respondent DoE. The
petitioner and its officers may be subjected to criminal prosecution and the
administrative penalties mentioned in the circular for compliance with the
same,” it said.
The circular requires
persons or entities involved in the sale of petroleum products such as
gasoline, automotive and industrial diesel, kerosene, jet fuel and aviation
gas, household and automotive liquefied petroleum gas to file an annual or
special report, or both, in such form as the DoE secretary may prescribe.
The circular, which has
yet to be implemented, calls for oil companies to first notify the DoE of any
change in the prices of petroleum products before imposing any adjustments.
The court said it found
“clear and unmistakable right” to the provisional relief sought by the
petitioner to prevent the DoE from implementing the circular. — Victor V.
Saulon
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