ILOILO City – MORE Electric and Power Corp.’s (MORE Power) disconnection of Panay Electric Co.’s (PECO) main office and the threat to cut power in the households of PECO owners, the Cacho family, were both illegal and criminal, according to the latter’s legal counsel.
In a letter to MORE Power, Atty. Estrella Elamparo warned that, “Should you or any of your representatives proceed with the removal of electric meters or disconnection of electricity without the consent of the Cacho family, we will not hesitate to charge you with robbery, trespass to dwelling, grave coercion, and malicious mischief.”
“Immediate warrantless arrests and inquests can be done if you are caught in the act or in flagrante delicto,” she added.
On Saturday evening, MORE Power severed the connection between PECO’s main office and the power distribution utilities that were the subject of the March 6 order of Iloilo Regional Trial Court, Branch 23’s Judge Emerald Contreras to return control of operations to PECO.
“Judge Contreras has already reiterated thrice that the Addendum to the Writ of Possession must be followed. She even issued a reiterative order to return operations to us,” stressed Elamparo. “The disconnection is a flagrant defiance of the court’s orders and constitutes contempt of court.”
MORE Power sent a letter to PECO citing “unmetered” electricity usage as basis of the disconnection and that they should re-apply for connection with MORE Power.
However, Elamparo said PECO continues to use its own meters due to the fact that it is still the only power distribution company registered with the Wholesale Electricity Spot Market (WESM).
“Meaning, PECO is still the only entity officially designated to purchase power for Iloilo City,” stressed Elamparo.
MORE Power’s application with the Independent Electricity Market Operator of the Philippines (IEMOP) is still pending, and without PECO’s power supply contracts, there will be no electricity for MORE Power to distribute, she pointed out.
Simply out, said Elamparo, MORE Power seeks to disconnect PECO from power that the latter has, in fact, purchased.
“Since PECO is still the rightful operator of the distribution facilities, as well as the entity that to this day purchases power for the entire city of Iloilo, it is actually MORE Power that is stealing electricity from PECO,” said Elamparo.
She was referring to Sections 2 and 3 of Republic Act 7832, also known as the Anti-Pilferage of Electricity and Theft of Electric Transmission Lines/Materials Act of 1994.
In light of the current coronavirus disease 2019 (COVID-19) public health crisis, both the Energy Regulatory Commission (ERC) and Department of Energy (DOE) issued a call for solidarity on March 18 urging all power distribution utilities throughout the nation to extend payment for all bills due for the period of March 15 to April 15.
No disconnections should be effected within this period, PECO stressed.
Additionally, Saturday’s disconnection was in violation of ERC’s directives to give at least two days’ notice and to refrain from disconnections on the weekend, it added.
In response to MORE Power’s threat to cut power in the Cacho family’s private homes, PECO head of Public Engagement and Government Affairs Marcelo Cacho said, “It’s ridiculous that they expect my injured 81-year-old grandmother to go out and put herself at risk. Health authorities have already sternly warned that seniors are more susceptible to infection.”
“They’ve decided to take advantage of the lockdown to harass my family and force them to violate quarantine,” he added. “Is this how they will treat consumers in a time of crisis?”
The claim that the Cacho family’s electricity consumption is unmetered is also false as they have always used PECO’s meters to read their power consumption, Cacho stressed.
“All PECO executives, even non-family members, receive a limited capped monthly supply of energy instead of cash as part of their monthly compensation,” said Cacho. “It’s part of their salary and they have to pay for any usage that exceeds the limit.”
MORE Power contends that it has the right to disconnect PECO’s power due to the ERC’s March 5 resolution that grants the company a Provisional Authority, despite the fact that PECO’s Motion for Reconsideration with the ERC has yet to be resolved.
Moreover, the case concerning the unconstitutionality of MORE Power’s takeover of PECO’s facilities, which is the sole basis of the alleged revocation of PECO’s Certificate of Public Convenience and Necessity, is still pending with the Supreme Court./PN
