Dimalanta leaves ERC, says she will explore legal options

Energy Regulatory Commission Chairperson Monalisa Dimalanta —Inquirer photo/Lyn Rillon

MANILA, Philippines — Monalisa Dimalanta has vacated her position as Energy Regulatory Commission (ERC) chair, her camp said on Monday, days after the Office of the Ombudsman ordered her six-month preventive suspension.

Her camp said in a statement the ERC had officially received the Ombudsman’s order, which also mandated the Office of the Executive Secretary to name an officer in charge (OIC). But as of Monday afternoon, the Palace has yet to appoint an OIC.

“All operations of the agency shall continue to function to the extent possible, and as required by the exigencies of service,” they added.

READ: ERC chair faces preventive suspension

However, they said Dimalanta has yet to get a copy of the complaint filed against her.

“The [Ombudsman’s] order does contain some allegations of the complaint, without providing, however, any statement as to the evidence submitted by complainant that became the basis for the issuance of the preventive suspension order,” her camp said.

Basis for suspension

In a decision dated Aug. 20, that was only released to the media late last week, the Ombudsman said the case was prompted by the complaint of the National Association of Electricity Consumers for Reforms Inc. that the ERC failed “to recalculate the rate of Meralco that protects the interest of the public …” due to delays in the regulatory process.

In December 2021, the ERC released the rules for setting distribution and wheeling charges for privately owned electricity distribution utilities. Wheeling rates refer to the cost associated with the distance the electricity is transported and is usually levied when electricity is generated at a particular location but consumed at another.

The rules set a Fifth Regulatory Period (5RP) covering four years from July 2022 to June 2026, within which a regulated entity must present its expected spending and proposed projects, and the ERC would then evaluate and decide how much of it should be passed on to consumers.

Good move

Her team said Dimalanta was exploring all legal options amid the situation.

Sought for reaction, Gerry Arances, Power for People Coalition convener, said the decision was a “good” move “to see Meralco’s overcharging put under the spotlight.”

But the blame should not be Dimalanta’s alone, he told the Inquirer, as the ERC’s “dismal record of protecting consumers, as required by its legal mandate, should be borne by all its commissioners, past and present.”

Members of the Philippine Independent Power Producers Association also expressed support for Dimalanta in an earlier statement, saying the alleged claims were “unfounded and without proper basis.”