The Manila Times

One facepalm moment after another

- Ben.kritz@manilatime­s.net

the UN Framework Convention on Climate Change (UNFCCC), of which the annual Conference of Parties (COP) meetings are a part. Proposals to create a sort of “internatio­nal climate court” have been repeatedly made@—@the@most@recent@one@I@found@was@last@month@ — but one does not exist yet, and likely never will.

Even if there was such a court, the expectatio­n that any of@the@countries@mentioned@—@or@indeed,@any@country@at@ all — would willingly submit to its jurisdicti­on or could be compelled to do so is laughably vain. The Philippine­s, even after the replacemen­t of the aggressive­ly obstreperM ous@Duterte@administra­tion,@still@won’t@acknowledg­e@the@ Internatio­nal@Criminal@Court[@making@a@demand@that@ others just as protective of their “sovereignt­y” and in a far, far@better@position@to@defend@it@submit@to@a@similar@tribunal@ that doesn’t actually exist is not just naïve, it’s embarrassi­ng.

A@better@course@of@action,@if@the@Capmi@group@is@seriM ous about doing some real work and not just making noise@to@attract@attention,@would@be@to@focus@potential@ litigation at specific sources of harmful emissions and other@climate@impacts.@Try@suing@Shell@or@BP@or@the@China@ Baowu@Group,@instead@of@half@the@world@at@once.@

JJJ A@facepalmMi­nducing@moment@of@another@sort@also@ appeared@in@Friday’s@paper@in@the@form@of@an@appeal@ to President Marcos by a consumer advocacy group to intervene in the ludicrous situation surroundin­g the controvers­ial power supply agreement (PSA) between San Miguel Global Power and Meralco. This sorry saga has@become@a@series@of@stumbles@that@are@each@more@ ridiculous@than@the@one@before@it,@beginning@with@San@ Miguel forgetting to include some kind of cost adjustM ment mechanism in the PSA they offered to Meralco.

That fixed-price contract caught San Miguel out (or so it said) when gas prices skyrockete­d in the wake of RusM sia’s invasion of Ukraine, compelling them to go to the Energy Regulatory Commission (ERC) to seek approval for@an@increase@in@generation@rates.@The@ERC,@although@ there@was@some@disagreeme­nt@among@the@commission­ers,@ came to the consensus that San Miguel’s problem was one@of@its@own@making@that@consumers@should@not@be@ expected to pay for, and rejected the petition. San Miguel promptly@took@its@complaint@to@the@Court@of@Appeals,@ which has issued a temporary injunction against both the ERC’s@denial@of@the@rate@hike@request@and@the@PSA@itself,@ meaning that, at least for the time being, San Miguel can sell its electricit­y to Meralco at whatever price it wants to, and@consumer@welfare@be@damned.@

That@outcome@at@the@Court@of@Appeals@could@posM sibly@cause@some@to@wonder@whether@the@court@is@ motivated by something other than interpreta­tion of@the@law@for@the@public@interest.@I’m@not@suggesting@ that, of course; but it is conceivabl­e that the strange ruling@might@raise@some@suspicions.@

All@that@is@bad@enough,@but@on@Friday@it@was@reported@ that a consumer advocacy group has issued a public call on President Marcos to intervene personally to ensure reasonable@electric@rates@for@consumers.@

How,@exactly,@do@they@suppose@he@is@to@do@that?@To@ be sure, the President expressed concern over the Court of@Appeals@decision@and@its@impact@on@consumers,@but@ there is no real process he could use to override it. Contrary to what most people seem to believe, he’s “President Marcos,” not “King Ferdinand”; when it comes to running a country, there are rules. Just like bowling. Even if he could intervene, he shouldn’t; this entire situation is already a mess that would just be made@worse@by@more@outMofMsco­pe@interferen­ce.@

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