MANILA, Philippines—The Supreme Court has ordered the Department of Energy and the Energy Regulatory Commission to respond to accusations they allowed the Manila Electric Co. to increase its power rate.
In the order released Thursday, the high court denied a motion filed by the Office of the Solicitor general seeking to prevent the ERC and DOE from explaining their position.
The government lawyers, through Solicitor General Francis Jardeleza, told the court the they should be excused from standing on behalf of the ERC and DoE, which were merely impleaded in various petitions against power rate adjustments as nominal parties.
Nominal parties are those whose presence is merely required by court. The DOE was included as respondent because part of its mandate is to integrate, coordinate, supervise and control all plans, programs, projects and activities of the government in connection with energy exploration, development, utilization, distribution and conservation. The ERC, under the law, meanwhile, is tasked to promote competition in energy distribution, among others.
“It is the duty of private respondent Meralco to appear and defend, in its behalf and that of public respondents, unless public respondents are specifically directed by this Honorable Court,” the government lawyer further stated.
But the high tribunal, in denying the manifestation required the government, particularly the ERC and DoE to comment on the petitions filed by Bayan Muna et. al, National Association of Electricity Consumers for Reforms (Nasecore) and Anakpawis et. al. on or before January 17 and attend the preliminary conference on January 15.
In the various petitions, they said the ERC abused its discretion in provisionally approving Meralco’s power rate hike proposal without public consultation.
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