THE DISPUTE between Panay Electric Co. (PECO) and More Electric and Power Corp. (MORE Power), as expected, has turned into hostile and interesting complications. Naturally, because of the large amount of money involved in the controversy.
The consumers, who are presently availing themselves of electrical power from PECO, are caught in the maelstrom. In this electrical clash, we must have a little understanding or slight glimpses to obviate electrocution.
There are many legal questions and as many varying concepts and theorems. Your onion…opinion and that of the balut vendor is as good as mine. Let the kind reader exercise his own coconut contemplating the hereunder:
a) There are two judicial venues where the correlating issues regarding the distribution of electric power in Iloilo City is being litigated. One, here in Iloilo City and the other forum, in Manila. Which court will prevail? For practicability, expedience and less expense for the parties, can the cases be consolidated only in one court?
b) There is no question that the franchise of PECO as an electric provider for Iloilo City has expired and MORE Power, apparently, got it. But the “how” is questioned because it is clear that MORE Power has no track record or expertise as an electric provider. In this issue, administrative and governmental procedure will be put to test and the courts has to resolve whether MORE Power is legally qualified to serve as public utility to electrify Iloilo City. What looms relevant is whether MORE Power can provide the service for which the franchise has been granted in its favor.
c) MORE Power has NO electric posts, electric cables, transformers, generators and the whole etc. gamut of electrical paraphernalia that dot and clutter our skyline. They all belong to PECO. Will PECO be remunerated for it? And for how much? What will MORE Power use to provide us with electricity?
d) Does the public utility franchise granted to MORE Power carry with it the power of expropriation? If the subject matter were real property to be used as a road, highway or infrastructure projects of the government, the right of expropriation has been granted to several governmental agencies. But this is a different matter. This involves personal properties of PECO. And the constitutional mandate is that personal property cannot be taken without just compensation being paid. The determination of cost alone and inventory of properties may take an eternity.
e) So, in the meantime, we continue paying our electric bills to PECO. But PECO has no longer any business permit because it has no business selling us electricity. But where will we get our electricity? We are consuming electricity PECO continues to provide and we have to pay for it. So, what the heck?
f) And where is MORE Power in the picture? What has the new kid in town to offer? Remember, it is supposed to replace PECO presumably with its own electric power; modern equipment and materials and personnel bruited to bring down the cost of electricity in the city. But so far, we see Nating, who is my mother-in-law.
g) Meanwhile, what kind of corporate or business mutant is PECO? Maybe a de facto renewal of electric ties sans legal personality but raking in money? And MORE Power…a licensed professional driver without a car.
So far, the mess has not affected substantially our electrical illegal connections. We still have fires because of short circuits in squatter areas…sudden brownouts because of jumpers blowing up transformers. Signs of a vibrant electrical thievery…community.
PECO is leading in the first round. But it will have to be the courts eventually that will decide the electric power. And the incubation period in the Court of Appeals is three to four years; in the Supreme Court seven to eight years, maybe MORE…which is not good for MORE Power. By that time, MORE Power may be NO MORE. But then, let us wait for the next round./PN
