By Herbert Vego Tuesday, May 5, 2020
AMID the
uncertainty effected by the coronavirus (COVID-19) pandemic, it irks us power
consumers in Iloilo City that Panay Electric Co. (PECO) could not abide by the
law (Republic Act 11212) granting MORE Electric and Power Corp. (MORE Power)
the new 25-year power-distribution franchise.
The law
passed by Congress on Dec, 11, 2018 and approved by President Rodrigo Duterte
on Feb. 14, 2019 empowered MORE Power to convey electric power in Iloilo City.
Its
franchise having expired on Jan. 19, 2019 yet, PECO has no legal ground
questioning the constitutionality of that law, according to the Feb. 28, 2020
decision of Judge Emerald Requina-Contreras of the lloilo Regional Trial Court
(RTC) Branch 23.
That
decision serving PECO a writ of possession effected the transfer of the
distribution system to the new franchisee “to protect the public interest of
the people of Iloilo City and its businesses, and to ensure the uninterrupted
supply of electricity.”
The
transition from PECO to MORE Power could have gone mutually beneficial had the
former recognized the two provisions of RA 11212. Section 10 provides
PECO a “just compensation” to be offered by the new player. MORE Power has
offered to pay P481,842,450.
Moreover,
Section 17 would have paved a smooth transition within two years, during which
PECO would continue to operate “until the establishment or acquisition by the
grantee of its own distribution system.”
The
ruling of another Regional Trial Court (RTC) in Mandaluyong City declaring RA
11212 “unconstitutional” is good for nothing because the Supreme Court (SC) has
voided through a temporary restraining order.
As long
as the SC itself does not declare a law “unconstitutional,” it stays.
PECO’s
unwillingness to cooperate with the Iloilo RTC would not prevent the latter
from ruling on the offered “just compensation”; it is an integral part of the
extradition proceedings.
No comments:
Post a Comment