ILOILO City – A regional trial court (RTC) here has dismissed the motion for reconsideration filed by Panay Electric Co. (PECO) on the court’s earlier decision against the company.
RTC Branch 23 Judge Emerald Requina-Contreras reiterated that PECO has no more franchise to operate as power distributor for Iloilo City.
“Defendant PECO should know this better as this has been what they have been invoking and the very reason why the court crafted the addendum,” the decision read.
“Defendant PECO, in fact, had resorted to other legal remedies to question the said action of the court but as of this writing, there is no order from the higher court to rule otherwise. Wherefore, finding no cogent reason to set aside or disturb its earlier order, the motion for reconsideration is denied,” it added.
The Iloilo RTC earlier ordered the sheriff to place MORE Electric Power Corporation (MORE Power) in possession of PECO properties identified for expropriation.
The properties were assessed to have a cumulative worth of P217.940 million. These include the Baldoza-La Paz substation; the General Luna substation; the Tabuc Suba, Jaro substation; the Bolilao, Mandurriao substation; and the Avancena Street, Molo substation.
PECO went to the Court of Appeals (CA) twice for a temporary restraining order (TRO) to stop the expropriation case in the Iloilo RTC.
The CA rejected its argument which cited constitutionality issues as a valid reason to stop the expropriation case.
PECO then went to the CA for the third time for a TRO to stop the implementation of the writ of possession issued by the Iloilo RTC, but was denied.
After the implementation of the writ of possession, PECO then filed a supplemental petition with the CA asking that PECO be returned to possession with a status quo ante order, which was also denied.
To recall, the franchise of PECO – previously the sole operator in Iloilo City – expired on Jan. 19.
In a March 5, 2020 order, the Energy Regulatory Commission revoked the company’s certificate of public convenience and necessity./PN
