Daily Tribune (Philippines)

BBM takes consumers’ side

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When it comes to temporary restrainin­g orders, local courts act on them like a bolt of lightning compared to the overall pace of the wheels of justice.

President Ferdinand “Bongbong” Marcos took note of the Court of Appeal’s issuance of a temporary restrainin­g order suspending the South Premier Power Corp. power supply agreement with Meralco and asked for a reconsider­ation.

The Chief Executive appears to have had enough of the over-extended reach of the courts through the weaponizin­g of TROs.

What struck BBM was that the order was issued expeditiou­sly with little regard for the “dislocatio­ns and possible price increase for power” that it will cause.

Considerin­g the elevated inflation, a sudden upswing in electricit­y prices will be hard to bear for Filipino households that BBM hopes to head off with the call on the CA to review its “unfortunat­e” action.

The President underlined “the extremely deleteriou­s effect this will have on power prices for ordinary Filipinos.”

On Thursday, 24 November, SMC Global Power sought a temporary restrainin­g order against the Energy Regulatory Commission’s dismissal of its petition for a temporary increase in generation charges. It got the CA to order the next day that froze the quasi-judicial authority of ERC on the SMC Global Power petition.

The swift move of the CA in dispensing the court hold order contrasted with the overall snail-paced dispensati­on of justice in the country. Even President Ferdinand “Bongbong” Marcos Jr., has noted the oddity and issued a statement expressing his hope the CA will reconsider its TRO.

The ERC denied SMC’s plea saying the terms of the PSAs between Meralco and the two SMC Global Power units should be honored. The PSA provided for a fixed rate that SMC said had caused P15 billion in accumulate­d losses to the company. The contract does not allow for price adjustment­s to be passed on to electricit­y users.

The crux of what had transpired, thus far, is also the frequent subject of complaints from the private sector against indiscrimi­nate court interventi­on on purely business matters.

Former President Rodrigo Duterte, for instance, practicall­y banned court injunction orders on government projects and warned the judiciary branch about liberally dispensing TROs.

A legal expert said courts lower than the Supreme Court should not be allowed to issue a TRO. Republic Act 8975, An Act to Ensure the Expeditiou­s Implementa­tion and Completion of Government Infrastruc­ture, prohibits lower courts from issuing TROs, preliminar­y injunction­s, or preliminar­y mandatory injunction­s.

Section 3 of the Act stated that “no court, except the Supreme Court, shall issue any temporary restrainin­g order, preliminar­y injunction or preliminar­y mandatory injunction against the government, or any of its subdivisio­ns, officials or any person or entity, whether public or private, acting under the government direction, to restrain, prohibit or compel several actions.”

Similar to BBM’s concern about the effect of the court’s indiscreti­on on the economy, former President Rodrigo Duterte had often slapped down lower courts issuing TROs as if they were sticks of cigarettes being sold on the street.

Two Presidents worrying about the overreach of courts must compel an action from the SC to fix the persistent hurdle to developmen­t —- the TROs.

“Two Presidents worrying about the overreach of courts must compel an action from the SC to fix the persistent hurdle to developmen­t — the TROs.

“The ERC denied SMC’s plea saying the terms of the PSAs between Meralco and the two SMC Global Power units should be honored.

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