TRO ‘worries’ BBM no end

Electricity rights advocate Power for People Coalition referred to the aspirations Filipino hero Andres Bonifacio fought for more than a century ago and compared it to the harm inflicted on consumers by abusive power companies

President Ferdinand “Bongbong” Marcos Jr. on Tuesday revealed that the Court of Appeal’s decision to issue a temporary restraining order that favored San Miguel Corporation over a recent Energy Regulatory Commission order is his prime concern at the moment.

The Chief Executive expressed hope that the CA would postpone or implement gradually the TRO at least after the holiday season,

lamenting its potential to further increase power rates in the country.

“The TRO which the CA handed the PSA (power supply agreement) of San Miguel and Meralco, that’s my worry,” Mr. Marcos said in Filipino in an ambush interview during an event in Los Baños, Laguna.

“That’s what we’re (doing) now. That’s what we’re working on so fuel (prices) would not rise. Not this — at least not for Christmas,” he added.

Marcos reiterated his fear that CA’s decision will be an additional burden to Filipinos amid rising prices of fuel and basic commodities.

“If we could postpone or slow down the rise, if indeed it would rise. It’s too hard, the people are already hard-pressed,” he added.

Kadiwa

Marcos made the remark after he was asked if his administration would be able to offer rice at P20 per kilo as a Christmas gift for the Filipino nation.

“We are trying to do… we are continuing with the transfer payments that we have begun with. We are going to widen the scope of the Kadiwa,” he said.

On Bonifacio Day, consumer groups called on the courts to protect the rights of the people amid the TRO.

Bonifacio, the “Great Plebeian” had worked for the welfare of the ordinary Filipinos, whose welfare is under threat from the “anti-poor TRO which froze the ERC order.

The ERC junked the petitions of two SMC Global Power units for a total P4.80 temporary price increase, citing the power supply agreement that used fixed pricing and which does not allow rate adjustments.

Electricity rights advocate Power for People Coalition referred to the aspirations Filipino hero Andres Bonifacio fought for more than a century ago and compared it to the harm inflicted on consumers “from abusive actions of power companies.”

Consumer group National Association of Electricity Consumers for Reforms Inc., supposedly the main complainant, claimed the motion of SMC Global Power asking for a temporary price increase appears as “the least cost” proposal compared to the alternatives that will result in much higher rates.

NASECORE used to hold a strong stand against the SMC plea.

SMC asked the CA to overturn the ERC’s decision to deny the joint SMC-Meralco petition to raise power rates as it purportedly is a violation of SMC’s constitutional right to due process before being deprived of private property.

“Today, we mark the 159th birthday of a man who cast away everything to uphold the rights of his fellow Filipinos. Because of him, we need not take arms and fight for what the people deserve. We only need to do what is right. We ask all our executive, legislative, and judicial officials to always decide what is right for the people,” P4P convenor Gerry Arances said.

SolGen forms group

He added the TRO was unjustly issued, considering the ERC itself had clarified weeks back that the computations used by Meralco and SMC on rate implications are unaligned with those of the ERC’s Regulatory Operations Service in many ways — despite SMC brazenly claiming otherwise.

Arances also took exception to SMC’s statement concerning rights, saying that the welfare of the people, not the profit of corporations, should have priority in any discussion of energy policy in the country.

“SMC is violating the people’s right to reliable, affordable, and sustainable energy. To begin with, SMC to this very day continues to implement 33 PSAs that have already been voided by the Supreme Court for failure to undergo bidding, thus, resulting in high generation rates,” he said.

The group cited the expensive electricity SMC sold to distribution utilities “even if SMC’s coal-fired power plants were among those that broke down and caused the red alert two days ago.

“PSAs are not ordinary contracts. They are imbued with the public interest. Profits are not the sole consideration. Instead, PSAs must guarantee fairness and consumer protection. In the middle of high inflation and grave economic crisis affecting the public, SMC pushes down our throats the ₱15 billion it had lost due to its own decisions,” Luke Espiritu, President of Bukluran ng Manggagawang Pilipino, said.

A team formed by Solicitor General Menardo Guevarra is reviewing the circumstances behind the Court of Appeal’s temporary restraining order on the ERC decision. The OSG is the counsel of the state in all litigations concerning the government.