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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