ILOILO City – In a closely-contested vote, the Supreme Court (SC) upheld the control of MORE Electric and Power Corp. (MORE Power) over the power distribution business in this southern city.
Voting 8-6, SC magistrates on Tuesday reversed the July 2019 ruling of the Mandaluyong Regional Trial Court (RTC), which declared sections 10 and 17 of Republic Act 11212 unconstitutional “for infringing on against Panay Electric Company Inc. (PECO) rights to due process and equal protection of the law,” according to SC spokesperson Brian Keith Hosaka.
“This victory has definitely made every step of the year-long legal wrangle very much worth it despite PECO’s delaying tactics and fake news propaganda against us,” said Roel Castro, president and chief executive officer of MORE Power.
Sections 10 (Right of Eminent Domain) and 17 (Transition of Operations) authorize MORE Power to take possession of, exercise control over, and manage and operate all of the power distribution assets in Iloilo City.
Both PECO and MORE Power are yet to receive the official copy of the SC decision.
President Rodrigo Duterte signed into law MORE Power’s franchise on Feb. 14, 2019.
On July 2019, the Mandaluyong RTC declared sections 10 and 17 of MORE Power’s franchise as unconstitutional.
But in December 2019, the SC issued a temporary restraining order (TRO) which stopped the trial court from implementing its decision.
Castro said the ruling, more than anything else, is a clear message by the High Tribunal that nothing is over and above the welfare of the general public.
“This is definitely a major win for all of us, most especially for Iloilo power consumers who spent years, decades even, putting up with all the unbridled violations and inequities of the former utility distributor,” he said.
Castro further said the SC decision is a validation of the truth and a rejection of the irresponsible spins waged by PECO.
“Despite the impediments, we remained committed, focused, and optimistic that the honorable justices of the Supreme Court would eventually make the right decision for the benefit of the Ilonggo consumers, who have suffered long enough from the ineptness of the former distribution firm,” the firm’s top honcho noted.
“We applaud the Supreme Court for making this decision and by standing alongside the advocacy of the people to finally oust a monopoly that has trampled on the rights of the Ilonggos for so long. Rest assured that MORE Power will continue working to improve and modernize the distribution system as we carry forward the tradition of noble public service Ilonggos have every right to demand for and which they fully deserve,” Castro added.
PECO NOT GIVING UP
PECO through its legal counsel Divina Law said they were saddened by the decision of the high tribunal.
It was a close vote on a novel issue that had never been raised before the country’s highest court, “but will certainly have reverberating consequences that open the power of expropriation to abuse,” it added.
“The tight vote lends support to our position that the takeover of PECO’s properties is not the exercise of eminent domain contemplated by our laws, but a violation of constitutional rights,” according to PECO.
The city’s power distributor for 95 years vowed not to give up and will continue to fight as long as there are still legal remedies.
“The ponente proceeded with the decision just days before his retirement from the judiciary. Although this is a massive hurdle, we will not give up on our fight and we will continue to pursue the available legal remedies to defend PECO’s constitutional rights. Despite this temporary setback, we remain optimistic that we will ultimately be vindicated not just for PECO but for the people of Iloilo,” it added./PN
