(INQUIRER FILE PHOTO / NIÑO JESUS ORBETA)
MANILA, Philippines — A consumer lawyer criticized the Malampaya consortium for seeking a temporary restraining order (TRO) from the Taguig Regional Trial Court on the 600MW and 400MW Competitive Selection Process (CSP) of Meralco.
In a statement on Saturday, lawyer Paris Real said that only the Energy Regulatory Commission (ERC) has the authority to address such issues.
“It was clearly established from the hearing that the Energy Regulatory Commission, not the regional trial courts, has original exclusive jurisdiction to hear cases between participants in the energy sector. ERC also has authority to issue cease and desist orders, if warranted,” he said.
“In this case, plaintiffs are not generation companies but explorers/producers of gas. As such, they have no legal personality to question a bidding process that only generation companies can participate in – especially one that the bidders themselves, including clients of petitioners, are not questioning,” he explained.
Moreover, the lawyer noted that the CSP policy of the Department of Energy directs all distribution utilities, like Meralco, to procure power without discrimination or preferential treatment and in the most cost-effective manner.