ERC asserts joint authority with PCC over power sector competition cases

JURISDICTION over the power industry in competition related matters remains with the Energy Regulatory Commission (ERC), its chairman said on Monday, citing its recent ruling in a case that questioned its authority over such issues.

“We maintain that despite the broad authority given by the Competition Law to the Philippine Competition Commission over anti-competition cases in all industries, it did not affect nor diminish the jurisdiction already acquired by the ERC,” said ERC Chairman and Chief Executive Officer Jose Vicente B. Salazar in a statement.

The ERC’s assertion that it has jurisdiction over competition issues are based on Republic Act No. 9136, or the Electric Power Industry Reform Act of 2001 (EPIRA), the law that restructured the energy sector, the commission said.

It pointed to its recent ruling on a motion filed by the Manila Electric Co. (Meralco) that sought to dismiss a case where the distribution utility claimed that the jurisdiction of the ERC had been repealed by Republic Act No. 10667 or the Philippine Competition Act (PCA).

Meral co’ s motion said R. A. 10667 consequently conferred the exclusive jurisdiction to the Philippine Competition Commission (PCC).

In its order dated Feb. 2, 2017, the ERC in case no. 2015025 MC clarified that both the PCC and the ERC exercise concurrent jurisdiction over anti- competitive cases in the energy sector.

The ERC said the enactment of the PCA also granted the PCC jurisdiction over anti-competitive cases in all industries, including the energy sector, “at which point the jurisdiction granted to the ERC ceased to be exclusive.”

“As such, both the PCC and the ERC may now exercise jurisdiction over anti- competitive cases in the energy sector in a concurrent capacity,” the commission said.

The ERC said it had acquired jurisdiction over the case prior to the enactment of the PCA.

“Consequently, where concurrent jurisdiction exists in several tribunals, the body that first takes cognizance of the complaint shall exercise jurisdiction to the exclusion of others,” it said.

“In other words, the agency where the complaint was first filed is that which first acquired jurisdiction over the case, and, therefore has the authority to proceed and decide the case to the exclusion of other agencies granted with the same jurisdiction,” it added.