ILOILO City – MORE Electric and Power Corp. (MORE Power) has filed an administrative complaint against Regional Trial Court Branch 35’s Judge Daniel Antonio Gerardo S. Amular before the Supreme Court (SC).
Filed on Dec. 12, MORE Power legal counsel Hector P. Teodosio and Chief Operating Officer Roel Castro specifically sued Amular for grave misconduct, gross ignorance of the law and violation of the Code of Judicial Conduct.
The administrative complaint was in connection with the manner Amular presided over the expropriation case filed by MORE Power against Panay Electric Co. (PECO).
The complainants stated that Amular, in forcing MORE to settle the expropriation case, threatened Castro that he could suspend the case or that the case could drag on for years.
They claimed that Amular made good this threat when he suspended the expropriation proceedings after MORE Power did not submit an offer for settlement as shown in the Order dated Nov. 18, 2019.
Amular cited an obiter dictum in the JM Tuason case to support his decision to suspend that, according to the complaint, was without regard to the urgency of the situation where a company with no franchise continues to operate and foist its poor, unsafe and expensive services to the residents of Iloilo City against the clear provisions of the law (Republic Act 11212 which gave MORE Power the mandate to takeover, operate, rehabilitate, and improve the distribution system in Iloilo City).
“Expropriation of regulated distribution system assets of a utility whose franchise has expired, in favor of a utility with the franchise from Congress, is a public interest case. The clear effort of respondent Judge to force the parties to settle the expropriation case as if it is a simple family dispute is against public policy,” read part of the complaint.
It added that Amular was forcing MORE Power to offer an amount that PECO would accept more than the asset base that PECO declared to the Energy Regulatory Commission (ERC) for the same assets. This, it further stated, would in effect force MORE Power to overpay for the distribution assets thereby adversely affecting the rates it would charge the consumers in Iloilo City.
Specifically, Amular was charged for violation of Canons 1 and 2 of the Code of Judicial Conduct. According to the complaint, the judge held a private conference inside his chamber attended by Castro and PECO Corporate Communication Officer Mikel Afzelius but prohibited the lawyers of both firms from attending.
As alleged in the complaint, Amular told MORE Power that he could delay the proceedings and even advised Castro not to discuss the matter with his counsels.
Secondly, according to the complaint, Amular scolded Castro in open court without giving him an opportunity to know the charge and to explain his side which was in violation of Rule 3.04 of Canon 3 of the Code of Judicial Conduct.
Canon 3 states that a Judge should perform official duties honestly, and with impartiality and diligence.
The complaint also charged Amular with delaying the implementation of the Writ of Possession because despite the fact that the properties sought to be expropriated were already admitted or not denied by PECO, he still invited a representative from the ERC supposedly because he needed the expertise of the Commission.
However, the complaint further stated, that when the ERC representative arrived equipped with documents, Amular changed course and did not pursue the implementation of the Writ of Possession but instead called for that private chamber conference allegedly to make the parties reach an amicable settlement.
Moreover, Amular was charged with gross ignorance of the law when he allegedly failed to apply the doctrine of judicial admission.
Amular could not be reached for comment as of this writing.
Complainants asked the SC to consider Amular as undeserving to stay on as a judge and should be removed.
“All told, the actuations, utterances of the respondent Judge, and his issuance of the Order dated Nov. 18, 2019 showed that he is undeserving to stay on as a judge. He should be removed,” the complaint further read./PN
