The Philippine Star

- By MARICHU A. VILLANUEVA

ast time I checked, crafting laws is the main job of our senators and congressme­n. In the exercise of their oversight functions, the only time our lawmakers are empowered to watch over how public funds are spent and used is through congressio­nal budgetary inquiries.

But when there are allegation­s or reports of corruption, the lawmakers can conduct an inquiry in aid of legislatio­n and submit their findings and recommenda­tions, if any, for the prosecutio­n of those who may be found guilty of wrongdoing in public office.

This is what Senate Majority eader Alan Peter Cayetano perhaps had in mind in defending himself the other day on criticisms of his “grandstand­ing” at the expense of a fellow senator. Although no names were mentioned, Cayetano felt alluded to by criticisms on the Senate floor as voiced by Sen. Jinggoy Estrada.

The Estrada-Cayetano word war came after the Senate Blue Ribbon Committee conducted its latest hearing into the pork barrel scam since it started in August last year. It had its ninth and most recent hearing last week.

Speaking on a matter of personal privilege, Estrada minced no words in hurling these criticisms against a fellow senator whom he accused of “grandstand­ing” at the Senate public hearings. Estrada, along with fellow Senators Juan Ponce-Enrile and Ramon “Bong” Revilla Jr. were implicated on the alleged misuse of their respective allocation­s of Priority Developmen­t Assistance und (PDA ).

Estrada insinuated a certain senator who recently admitted his intention to run in the coming May 2016 presidenti­al elections has been taking advantage of the public interest on the PDA scam to score brownie points. Cayetano, however, argued it was not presidenti­al ambition that is driving him to get media mileage every Senate hearing on the PDA scam.

Cayetano maintains he is merely being consistent in his fight against corruption whoever is accused, even if maybe he or she is a fellow senator. e rued the image of the Senate as an institutio­n has been tarnished by the PDA scam allegation­s.

Engaging Estrada in a debate after the latter’s privilege speech, Cayetano posited ng agtingin ng ta a na r g a i ang tingin ni a ng in ang nag a anta

a era ng a an a nag a anta a a a Roughly translated “Our whole institutio­n is crushed because people think that those who are supposed to guard their money are the ones stealing it.”

We could not find the exact translatio­n of “ anta a a a ” but the nearest we can get is “opportunis­tic.” If used in a negative sense, this refers to unprincipl­ed resourcefu­lness.

Speaking of opportunis­tic literally in a bad light, the “ anta a a a ” tag fits more appropriat­ely the Energy Regulatory Commission (ERC). This is the best definition that we can give to the ERC even after they came out last week with a ruling that is supposed to elate us. Instead, however, we feel outraged that it is only now that the ERC found out that we have been over billed in our electricit­y use all this time.

As chief power regulator, the ERC voided the controvers­ial P4.15 per kilowattho­ur (kwh) hikes in electricit­y rates in December 2013 and in January this year that the Manila Electric Co. (Meralco) sought to collect due to increased generation costs. Citing “market failure” in the Wholesale Electricit­y Spot Market (WESM), the ERC blamed it for having pushed rates by more than half of what was justified during the period.

In its ruling last March 6 but made public five days later, the ERC also ordered WESM operator Philippine Electricit­y Market Corp. (PEMC) to recalculat­e the prices and for Meralco to make the necessary adjustment­s. Naturally, Meralco definitely must comply with the ordered reduction in rates.

Created as an independen­t body of government, the ERC is mandated to protect public interest of us consumers while at the same time making sure power firms and utilities like Meralco get their fair return on investment, all in accordance with the laws of the land.

The ERC was only pressed to act more than three months after no less than the Supreme Court ( SC) — acting on petition filed by militant groups led by Bayan Muna — stepped into the picture as it issued a temporary restrainin­g order (TRO) to stop Meralco’s implementi­ng its rate hikes. Because of the igh Court’s TRO in December 2013, Meralco had to peg the generation charge at P5.67 per kwh.

Meralco’s generation charge rose to P .10 per kwh in December 2013 and to P10.23 per kwh in January 2014 due to drop in supply as a result of the scheduled maintenanc­e shutdown of the Malampaya natural gas plant and the forced shutdown of several other power stations.

At the public hearing of the ouse committee on energy that looked into this questioned Meralco rate hikes, Department of Energy (DOE) officials raised suspicion of “collusion” among the power industry players. The DOE noted the timing of the shutdown was apparently designed to artificial­ly jack up electricit­y prices.

Where was ERC all the time this was happening As protector of public interest, the ERC is supposed to be our watchdog against predatory pricing of public utilities in pursuit of profitabil­ity.

The five-man quasi-judicial body is chaired by former Pampanga congresswo­man enaida Ducut who herself was implicated last year in the PDA scam. Ducut was allegedly acting as “conduit” of PDA kickbacks during the period she was no longer a member of Congress but already ERC chairperso­n.

Ducut has also been named in separate complaints filed by militant groups before the Office of the President for “gross neglect of duty and incompeten­ce in protecting the interest of the power consumers” as ERC chief. Enjoying a fixed term of seven years, the Palace earlier maintained Ducut can only be removed from office for cause, or if she voluntaril­y resigns before her term lapses in 2015.

As the PDA scam continues to enrage and rile the nation, including those lawmakers implicated in it, the inutility of the ERC has been fortunate to escape public wrath. While our lawmakers have been waging their saliva war against each other, the ERC is getting away with the “ anta a a a ” role it has played until they were caught in flagrante of not doing their sworn duty.

We could not find t e e ct t n l t on o ut t e ne e t e c n et o o tun t c u ed n ne t e en e t e e to un nc led e ou ce ulne

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