Zarate seeks graft raps vs ERC execs in power deal mess
Bayan Muna Party-List Rep. Carlos Zarate said criminal charges must be pursued against the Energy Regulatory Commission (ERC) officials who erred in accommodating the seven questionable power supply agreements (PSA) that were sought by Meralco's sister generating companies before the regulatory body.
"Mahalagang i-pursue talaga itong criminal cases sa mga tiwaling opisyal para magkaroon ng accountability rin. Hindi na lang yung nakakalusot na lang sila sa ginawa nila (It's important to pursue criminal cases against these corrupt officials to gain accountability. We can't let them escape punishment all the time)," the militant solon said in a press conference in Quezon City Wednesday.
Pointing to a landmark, near-unanimous Supreme Court (SC) En Banc ruling last week wherein the PSAs were rejected for not undergoing the required public bidding or competitive selection process (CSP), Zarate said: "Malinaw ang ginawa ng mga [ERC] commissioners na pinaboran nila yung Meralco (Clearly, the ERC commissioners favored Meralco)."
"Dapat managot sila (They should be punished) not only administratively, but also criminally," added the Davaobased lawmaker.
In the same presser, Aya Jallorina, secretary general of winning petitioner Alyansa Para sa Bagong Pilipinas, (ABP) Inc., bared the implications of the favorable SC decision on their criminal charge against the ERC commissioners.
"It could bolster our criminal charge because the Ombudsman found probable cause for violations of RA (Republic Act) 3019, which is the Anti-Graft and Corrupt Practices Act," Jallorina said, citing the opinion of their legal counsel.
The seven pending contracts for the construction of seven coal-fired powered plants were filed as per the ERC on April 30, 2016 – the submission deadline. ABP challenged the PSAs before the High Court in 2017, with intervenor Bayan Muna claiming that the Commission changed its original deadline of October 2015 just to accommodate the Meralco gencos' contracts.
Worse, the PSAs did not undergo CSP and the terms were negotiated by the power distribution giant among its own sister gencos. Zarate said the result were onerous and disadvantageous power deals that would've greatly burdened consumers for the next 20 years, or the lifespan of the contracts.
"Ang mahalaga rito ay maging accountable ang mga opisyal na ito para magiging lesson sa mga iba pang opisyal (What's important is to make these officials accountable and have them serve as a lesson to other officials)," he said.
Referring to the erring ERC commissioners, he said: "Nakapag-retire na yung iba (Some of them have already retired) but I think it's not enough reason not to pursue the charges."
It was recalled that the Ombudsman slapped ERC commissioners Gloria Victoria Yap-Taruc, Alfredo Non, Josefina Patricia Magpala-Asirit and Geronimo Sta. Ana with a one-year suspension each in connection with the controversial PSAs in December, 2017.
However, the ERC executives managed to get a temporary restraining order (TRO) on the suspension from the Court of Appeals (CA).
Since July 2018, three of the commissioners – Non, Yap-Taruc, and Sta. Ana have left the ERC. Non and YapTaruc retired, while Sta. Ana resigned for health reasons.
Bayan Muna Chairman and Makabayan senatorial bet Neri Colmenares appealed to the CA to lift the TRO so that the remaining commissioner may officially serve the suspension.
“I-lift niyo na yung TRO doon sa suspension ng mga ERC officials na involved doon sa pag postpone or pag reset ng deadline (Lift the TRO on the suspension of ERC officials involved in the postponement or resetting of the deadline)," Colmenares, a former congressman, said in the same presser.
"At sa Ombudsman, imbestigahan ang mga ERC officials at sino pa mang involved doon sa pagpayag sa Meralco na magsubmit ng PSA kahit tapos na ang deadline (And to the Ombudsman, investigate the ERC officials and others involved in allowing Meralco to submit the PSAs even after the deadline)," he said, noting that they have evidence that four of the PSAs were antedated from May 2, 2018 to April 30, 2018.
Colmenares also couldn't help but chide Meralco for announcing lower power rates on the heels of the SC ruling striking down the seven PSAs. This, despite Meralco's pronouncement of high power demand amid the declaration of yellow and red alerts in the Luzon grid.
"Pwede naman pala ibaba kung nabibisto ang Meralco sa mga di magandang gawain nito (It appears that power rates can be lowered if Meralco gets caught in its shenanigans)," he said.