DOJ, NBI urged to launch in-depth probe into power rate hike collusion

Senate President Franklin Drilon. PRIB FILE PHOTO

MANILA, Philippines – Senate President  Franklin Drilon now wants the Department of Justice (DOJ) and the National Bureau of Investigation  (NBI) to conduct an “in depth” investigation” into the  alleged collusion among  power generators and file criminal charges  against those  involved.

Drilon, at a press conference on Thursday, also called for a review of the Electric Power Industry Reform Act (EPIRA) to prevent another sudden spike of electricity rate that the Manila Electric Company (Meralco) will impose starting this December.

“Pending the recommendation of the committee on energy as to possible amendments to EPIRA law that will prevent a similar occurrence in the future, I’d call on the DOJ and the NBI to conduct an in-depth investigation on the possibility of a collusion among the power generators so that the appropriate charges under the Revised Penal Code for combinations and monopolies in restraint of trade can be filed,” he said.

While the Senate and the tripartite committee composed of the Department of Energy, Energy Regulatory Commission and the Philippine Electricity Market Corporation have already conducted their own investigation on the same issue, Drilon said it was the NBI and DOJ’s mandate to initiate an investigation for criminal prosecution.

“The investigation here in the Senate is for the purpose of gathering evidence in order to find out if there is a need to review EPIRA. The investigation that I’m calling for is for the purpose of criminal prosecution,” he pointed out.

The tripartite committee on the other hand, he said, could not participate in an investigation for criminal prosecution, saying this duty belongs to the NBI and the DOJ.

“Of course they can get inputs from various sectors, including DOE,  but for purposes of investigating whether or not the penal statutes were violated, that is the duty of the DOJ and the NBI and the PNP  (Philippine National Police),” said the Senate leader.

“No case need be filed; it can be initiated by the NBI. It’s not necessary that there be a complainant. The NBI can initiate its own investigation without any need for a complainant,” he pointed out.

Drilon said there was also no need for DOJ and the NBI to wait for the result of the investigation being conducted by the tripartite committee, saying, “That’s the  basic mandate of the NBI to investigate crimes because if they have to wait for  the tripartite report, suppose it doesn’t come?”

“The NBI and the DOJ have enough authorities under the existing laws to initiate an investigation,” he further said.

Drilon also called for a review of the EPIRA to prevent the sudden  big increase in the power rate though he noted that there are existing  laws  against monopolies  and “combinations” than tend to “restrict  free commerce.”

He could not say, however what specific provisions in the law should be amended.

“Honestly, I have to review the law. I’m just saying that given what we’ve seen, there’s  a need to review the entre EPIRA  so that legislation may be introduced, amendments may be introduced in order to address this specific problem…”  Drilon said.

Related stories

Proof of collusion in power rate hike cited

Collusion eyed in power rate hike

No proof yet of collusion among power producers – Osmeña