FOR TWO years and counting the natives of “I Am Iloilo City” have been witness to the power struggle (pun intended) between the erstwhile power provider Panay Electric Co. (PECO) and the current power provider MORE Electric and Power Corp. (MORE Power).
It has gotten to the point of being ridiculous if not downright absurd that it has become the butt of joke amongst the natives and netizens of “I Am Iloilo City”.
Until finally the whole “peep show” was sorted out by the courts and proper government agencies and the natives somehow felt a sense of relief. The “striptease” has finally come to an end and it is finally time to move on. Or is it?
For almost 100 years PECO has been the sole power provider of “I Am Iloilo City”. In fact a lot of natives of the city were born and died with PECO still the power provider. It could have stayed that way for another 25 years until last Jan. 19, 2019 when the franchise of PECO expired and they failed to have it renewed. Congress instead awarded a new franchise to the new kid on the block, MORE Power, through Republic Act 112112.
And then on Feb. 20, 2020 in a 14-page order Judge Emerald Requina-Contreras of the Regional Trial Court (RTC) Branch 23 reiterated the grant of a writ of possession to MORE Power. She ordered the sheriff to place MORE Power in possession of PECO properties identified for expropriation.
On March 5, 2020 the Energy Regulatory Commission (ERC) revoked PECO’s Certificate of Public Convenience and Necessity (CPCN) and also awarded the same to MORE Power.
This prompted “I Am Iloilo City” mayor Jerry Treñas to issue Executive Order No. 71 revoking the business permit of PECO.
As it is, PECO has no longer any legal leg to stand on and whether we like it or not the odds and the law are on MORE Power’s side.
As if that’s not enough, this has to happen (excerpts from the July 14, 2020 issue of Panay News):
Court junks PECO’s motion for reconsideration anew
A regional trial court (RTC) here dismissed the motion for reconsideration filed by Panay Electric Co. (PECO) on the court’s earlier decision against the company.
RTC Branch 23 Judge Emerald Requina-Contreras reiterated that PECO has no more franchise to operate as power distributor for Iloilo City.
“Defendant PECO should know this better as this has been what they have been invoking and the very reason why the court crafted the addendum,” the decision read.
“Defendant PECO, in fact, had resorted to other legal remedies to question the said action of the court but as of this writing, there is no order from the higher court to rule otherwise. Wherefore, finding no cogent reason to set aside or disturb its earlier order, the motion for reconsideration is denied,” it added.
The Iloilo RTC earlier ordered the sheriff to place MORE Electric Power Corp. (MORE Power) in possession of PECO properties identified for expropriation.
These included the Baldoza-La Paz substation; the General Luna substation; the Tabuc Suba, Jaro substation; the Bolilao, Mandurriao substation; and the Avanceña Street, Molo substation.
PECO went to the Court of Appeals (CA) twice for a temporary restraining order (TRO) to stop the expropriation case in the Iloilo RTC.
The CA rejected its argument which cited constitutionality issues as a valid reason to stop the expropriation case.
PECO then went to the CA for the third time for a TRO to stop the implementation of the writ of possession issued by the Iloilo RTC, but was denied.
After the implementation of the writ of possession, PECO then filed a supplemental petition with the CA asking that PECO be returned to possession with a status quo ante order, which was also denied.
I suppose it would be safe to say that PECO has almost used all legal options available and was denied – a sign perhaps that it’s time to move on. After all, almost a century of service to the Ilonggos is more than enough.
In fact, the Iloilo Economic Development Foundation (ILEDF) and the Iloilo City Loop Alliance of Jeepney Operators and Drivers Association (ICLAJODA), in separate media statements, have asked PECO to accept that it has lost its electricity distribution business and move on to spare the city from its ongoing struggle to push out the new distribution utility.
Finally, just some unsolicited advice: PECO should just set aside their pride and accept the inevitable already happening; 100 years is long enough and it’s not that there is no compensation for all the assets and properties included in the Writ of Possession.
PECO stands to be P481,842,450 richer. This estimated value has already been deposited in Landbank./PN
