THE GIANT generating set of Central Philippine University (CPU) was roaring when we entered the campus at 10:15 a.m. yesterday – an indication that Panay Electric Co. (PECO) had done “brownout” again. I had gone through it in the same place twice before.
Change in power-distribution utility has become a monotonous battle cry of this writer. Indeed, I have lost count of my columns badgering the management of PECO to give way to MORE Electric and Power Corp. (MORE Power).
Why do I persist in asking for such turnover?
First, it’s because the law says so.
Second, public interest demands so.
To briefly recap, Republic Act (RA) 11212 granted MORE Power the new 25-year franchise – approved by President Rodrigo Duterte on Feb. 14, 2019 – to convey electricity to the end users of Iloilo City.
PECO might have expected renewal of the franchise it had applied for, since it was expiring on Jan. 19, 2019.
By that date, PECO had been in business for an exceptional 95 long years; had made billions of pesos in profit. But as to whether the company had lighted up the lives of most of its 64,000 customers, I beg to disagree.
PECO applied for franchise renewal through a bill filed by Rep. Jesus Romualdo (Camiguin) in 2017. But it gave his colleagues in the House Committee on Legislative Franchises a hard time fact-checking letters from Iloilo City power users complaining of inefficient service, overcharging, fire-prone poles, “spaghetti” wirings, wrong meter readings, and power pilferages.
The opportunity to appease the complainants presented itself in August 2018 when Rep. Gus Tambunting filed House Bill 8132 awarding the franchise to new applicant MORE Power.
The subsequent award of franchise to MORE elated not only the complaining consumers but also the terminated employees of PECO who saw it as a vindication.
One of them, Enrique “Boy” Huyan, was only 41 years old when he lost his job at PECO after working thereat for 17 years and while serving as president of its labor union, Panay Electric Company Employees and Workers Association (PECEWA).
Unfortunately, what could have been a smooth transition from the old to the new franchisee hit a snag. Instead of collaborating, PECO hauled MORE Power to the Mandaluyong Regional Trial Court, alleging that the law’s provision expropriating the distribution system was “unconstitutional.”
That, despite the fact that under the Electric Power Industry Reform Act (EPIRA), Section 23, “Distribution utilities may exercise the power of eminent domain [expropriation vested with public interest] subject to the requirements of the Constitution and existing laws.”
But with the Supreme Court having already restrained the Mandaluyong RTC Branch 209 from implementing its decision finding the law “unconstitutional,” all that’s left now is for the Iloilo RTC to implement the writ of possession that would turn over the power distribution facilities from PECO to MORE.
This could take a little more time, however, what with Judge Daniel Amular of RTC-Iloilo Branch 35 having been administratively charged before the Supreme Court by MORE Power president Roel Castro and legal counsel Hector Teodosio for grave misconduct, gross ignorance of the law and violation of the Code of Judicial Conduct after refusing to inhibit himself and suspending the implementation of the writ.
Amular could have ruled on the sufficiency or insufficiency of P481,842,450 offered by MORE as “just compensation”.
Betcha by golly, wow! PECO has been holding over for one year without a franchise.
Is that not an act of circumventing the law? (hvego31@gmail.com/PN)
